McGrath’s Mid-Rank EU Justice Role

In the concluding week of July, Michael McGrath found himself residing in Brussels, stationed in the establishment of Didier Reynders, a departing commissioner for justice in the European Union. Approximately four weeks had passed since McGrath, hailing from the Fianna Fáil political party, resigned from his role as the finance minister, as he was slated by the government to be the subsequent EU commissioner representing Ireland.

On his rendezvous with Reynders at the Berlaymont building, the principal European Commission hub, McGrath was keen on gaining insights about the EU executive branch’s operation, which is the initiator of law propositions. However, at that juncture, he was unaware that he would eventually fill the justice position vacated by Reynders. Considering they had nominated a high-ranking politician, the government was keen on securing a finance-related commission department.

Prior to this, Ursula von der Leyen had emerged victorious in a vote at the European Parliament, solidifying her second term as the commission’s president. The initial duty for the German national was to decide upon the appropriate portfolios for the nominated commissioners from each nation. On a Tuesday, the announcement regarding her decision disclosed that the highly-coveted roles were allotted to representatives from France, Spain, Italy, Poland, Latvia, Slovakia, and Finland.

The responsibility of the justice and the rule of law commissioner was bestowed upon McGrath, which is deemed a mid-tier position. It entails tasks like reprimanding non-compliant member states like Hungary and the surveillance of legislations such as the EU’s General Data Protection Regulation (GDPR). The ex-finance minister’s outcomes seemed better than some of his colleagues had anticipated, claimed a high-ranking EU official.

More than half of the EU nations vied for the few available economic commissioner roles, which covered various aspects like trade, economy, budget, competition and financial services. Unofficially, von der Leyen was quite displeased with the government. The reason being the opposition towards her second term as the commission’s head by McGrath’s four Fianna Fáil co-workers in the European Parliament.

Ignoring the request to provide two names, one of which needed to be female, to increase the probability of having a gender-balanced team of 27, Ireland chosen their next commissioner earlier than most countries. It was Fianna Fáil’s turn to nominate as per the Coalition arrangement, with the announcement of McGrath as the choice coming towards the end of June.

The Irish Government was aware beforehand that two names would be needed by von der Leyen even before she put in a formal request to each capital for their commissioner nominations towards July end. Regardless, both Taoiseach Simon Harris and Tánaiste Micheál Martin were emphatic that they would not put forward a second name, insisting the decision of who to nominate laid with each EU member state.

Von der Leyen’s spacious office resides on Berlaymont’s 13th floor, adorned with several large plants, family photographs, a picture of her horse, and a few snapshots from her inaugural term. Despite hosting McGrath for a sit-down interview, she gave no hint about the role she had in mind for him. The post-interview chatter among Irish diplomats in Brussels and Government Buildings was more positive, pointing out she found McGrath’s interview satisfactory and he appeared reliable.

Martin and Harris advocated for McGrath to receive a finance role in continuous communications with the president of the commission. They leveraged their connection with von der Leyen’s European People’s Party (EPP), the centre-right EU political faction where Fine Gael also hails from. Certain Irish representatives within EU bodies made a lobbying effort, branding McGrath as an “Ireland” candidate rather than a Fianna Fáil one, according to an insider.

Working alongside her staff head, Bjoern Siebert, von der Leyen was aiming to distribute pivotal commissioner roles to ensure a geographical balance as well as considering country size and gender. It was also important to appease the major EU-level political factions including the EPP; the Renew centrist group where Fianna Fáil sits, and the centre-left Socialists and Democrats.

A high-level ex-official remarked that understanding von der Leyen better had to be a priority in order to address Ireland’s knowledge deficit within the European Union.

Early indications were definitive. A high-level role in the EU’s eco-friendly overhaul was allocated for Spain while France was tasked with overseeing industrial policy. Likewise, Poland was set to manage the EU budget. As positions were gradually being solidified, Irish officials in Brussels expressed mounting concern around the potential allocations left for Ireland.

It was not until September’s initial week that the Irish Government had an inkling about the assignment Ireland may receive. Reports suggest von der Leyen touched upon the justice portfolio during a telephonic discussion with Harris, without making any direct hint that McGrath could be a probable contender. However, one person from the commission noted that Ireland’s lobbying efforts did not contribute significantly to the situation, explaining that Ireland’s influence with von der Leyen might be minimal at present,

The circumstances largely gravitated because the Renew party intended to secure the justice and law role for a member from their centrist barrage, besides other positions. As per a high ranking Renew official, their focal points were law abidance, competitive strength, industry, and defence.

Dublin appeared to somewhat relieved that it did not receive an insignificant portfolio assignment such as commissioner for health, equality or international development. By this point, the government’s strategy was to “bank” the justice role and maintain efforts, according to a significant EU source.

While McGrath’s name was now associated with the justice role on von der Leyen’s sheet, there was still potential for a shuffle. Various roles were being fine-tuned, some by incorporating or excluding components from other areas.

As they headed towards the end, the Government emphasised enhancing the portfolio, leading von der Leyen to incorporate a few additional features to enrich the role, as per several informants.

Dublin politicians and EU functionaries, current and former, acknowledge that Ireland stumbled initially, but regained some lost ground recently. The declining number of influential Irish in the commission seems to have created a growing disparity in Dublin’s perception of EU operations.

A previous significant official suggested that they need to better their understanding of von der Leyen’s approach.

The early declaration of McGrath as Ireland’s representative was badly managed, with no attempt to secure von der Leyen’s support in advance. “The impact this may have in Brussels wasn’t properly considered,” expresses an informant.
It’s thought that Ireland’s chances of getting one of the high-profile positions this time, like the Economic Commissioner, were not high.
In comparison, Phil Hogan, five years prior, assumed the influential position of Trade Commissioner, but had to step down amidst the intensifying political tensions surrounding the Golfgate incident at the time of the Covid-19 crisis.
As a former high-ranking Irish official in Brussels remarks, “We are still striving to regain our position.”

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