And let's be honest. To a very large extent this problem is identical to what a non-(E)IR holder faces when he decides to fly VFR-on-top. Which is fully legal under EASA on just a plain PPL (airspace permitting). In this respect, the only difference between a vanilla PPL and an EIR holder is that the EIR holder can enter class A and fly the airways.
Initially I thought the EIR was a ridiculously dangerous concept but I realised this was probably a UK centric view: UK issued National or JAA Licences not allowing flight 'Out of Sight of the Surface' unless some form of Instrument qualification was held.
Is there a history of non-UK Licence Holders getting in to difficulty/having accidents as a result of flying 'VMC on Top'?
If yes, then the EIR is a dangerous concept.
If no, then I cannot now see the problem. All the EIR allows pilots to do is to fly closer to (and even in) clouds
en-Route than someone with only a PPL and to take advantage of the airways structure/added "protection" from ATC.