Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move:

That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Proposal for a Regulation of the European Parliament and of the Council on enhancing police cooperation in relation to the prevention, detection and investigation of migrant smuggling and trafficking in human beings, and on enhancing Europol’s support to preventing and combating such crimes and amending Regulation (EU) 2016/794, a copy of which was laid before Dáil Éireann on 21st December, 2023.

I thank the House for facilitating this motion today. I welcome the opportunity to address the Dáil on Ireland's opt-in to a new EU proposal for a regulation on enhancing police co-operation in relation to the prevention, detection and investigation of migrant smuggling and trafficking in human beings, and on enhancing Europol's support to preventing and combating such crimes and amending Regulation (EU) 2016/794, which is the Europol regulation.

Ireland has an option, provided for in Article 3 of Protocol 21 annexed to the Treaty on the Functioning of the European Union, to opt-in to individual proposals in the area of freedom, security and justice. The protocol provides that Ireland has three months from the date a proposal is presented to the Council to notify the Presidency of the Council of its wish to take part in the negotiation, adoption and application of the measure. The exercise of this opt-in is subject to the approval of both Houses of the Oireachtas, with the three-month period for this proposal ending on 17 April.

The European Commission published this proposal for a regulation in November of last year, with the intention to enhance police co-operation in the fight against migrant smuggling and trafficking in human beings. The Commission is also seeking to amend certain provisions of the Europol regulation.

Europol is the European Union Agency for Law Enforcement Cooperation. Its mission is to support EU member states in preventing and combating all forms of serious international and organised crime, cybercrime and terrorism. With regards to migrant smuggling, it is clear that smuggling to and within the EU is reaching new heights. In 2023 alone, it is estimated that there were 380,000 irregular entries at EU borders - the highest levels since 2016. This represents a continuing multi-year surge in migration. It is estimated that 90% of irregular migrants entering the EU have made use of smugglers. Globally, it is estimated that smuggling networks generate between 4 billion to 6 billion euro every year in revenue from this illicit activity. Although people willingly pay smugglers to help them cross borders, they generally do so at great personal risk. Migrant smugglers often use violence or the threat of violence against irregular migrants to ensure their compliance or to force them to pay smuggling fees. Migrants are often endangered by the methods used by smugglers to move them across borders. Unfortunately, we have seen the challenges and the very severe risks people take when they opt for this route. This heinous crime takes a staggering humanitarian toll. Too many lose their lives or are at risk of serious harm or exploitation, such as the risk of being trafficked.

There is no doubt that migrant smuggling has far-reaching consequences for the migrants themselves. Their vulnerability is exploited by criminal networks that disrespect human life simply in the pursuit of profit. This is also an issue for the security of our jurisdiction and the EU. This common and complex challenge requires common and multifaceted solutions. The European Commission has therefore put forward this proposal for an EU regulation as part of a package of measures to modernise the legal framework to fight migrant smuggling. The regulation is accompanied by a proposal for a directive on preventing and countering the facilitation of unauthorised entry, transit and stay, by which Ireland is automatically bound, and by a global alliance to counter migrant smuggling.

The new directive will allow EU member states to effectively prosecute and sanction organised criminal networks responsible for migrant smuggling; harmonise legislation and penalties; and expand jurisdiction to cases in which non-EU nationals lose their lives. The global alliance to counter migrant smuggling will focus on prevention and alternatives to irregular migration, including addressing the root causes of irregular migration and facilitating legal pathways, as a key deterrent to smuggling. Together, this package of measures will ensure the necessary legal and operational tools are in place to mitigate this worsening crime.

I will now provide more detail about the specific element of this package of measures that is under discussion today, the proposed regulation to enhance police co-operation in the fight against migrant smuggling. This regulation will step up the prevention, detection and investigation of migrant smuggling and trafficking in human beings by strengthening interagency co-operation and co-ordination at EU level; improving information-sharing; and reinforcing the support available from member states and Europol.

The regulation will establish in law the European centre against migrant smuggling at Europol as a Union centre of expertise for combating migrant smuggling and trafficking in human beings. It provides for the composition of this centre, which will bring together Europol staff, representatives of each member state, liaison officers from Eurojust, which is the EU Agency for Criminal Justice Cooperation, and Frontex, which as we know is the European Border and Coast Guard Agency, and may also include representatives involved in Union operational priorities in this area.

The tasks of this centre will include providing strategic analyses and threat assessments; supporting the implementation of strategic and operational priorities; monitoring trends in migrant smuggling and trafficking in human beings; identifying cases that may require advanced operational support; co-ordinating, organising and implementing investigative and operational actions to support individual member states; and supporting the co-ordination, co-operation and exchange of information among member states.

Under the proposed regulation, each member state will be obliged to designate a national specialised service to prevent and combat migrant smuggling and trafficking in human beings. In Ireland, this already exists within the Garda National Immigration Bureau. These specialised services will collect and share all relevant information about criminal investigations into migrant smuggling and trafficking in human beings, using Europol's secure information exchange network application, SIENA, database. As such, this regulation will reinforce Europol as the EU information hub on migrant smuggling and trafficking in human beings. This will enable Europol and member states to enhance our situational awareness, which is needed if we are to tackle this phenomenon effectively.

As I have previously mentioned, this regulation also seeks to amend the Europol regulation. The proposal, as published, will place the existing concept of operational task forces on a legislative footing; extend Europol's mandate to include the violation of Union-restrictive measures; and provide a legal base for Europol staff to carry out non-coercive investigative measures, where requested by a member state and authorised by the Europol executive director.

The regulation also provides that a member state may request, in accordance with its national law, Europol deployment for operational support on its territory to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives. Such Europol deployments for operational support will draw from a reserve pool of member states’ experts, to be established under this regulation. The details of this reserve pool remains to be finalised as negotiations progress. It is envisaged that it will include, for example, specialists in criminal analysis, forensics, investigation, languages and co-ordination. That is why we are opting in now. It is so that we have a say in that process and can contribute to what the final outcome will be.

In order to fulfil the objectives of the regulation, the Commission is proposing to increase the financial and human resources of Europol. It is estimated that an additional budget of around €50 million and around 50 additional posts would be needed for the overall period of the current multiannual financial framework from 2021 to 2027. This will come from the Union budget and ensure that Europol has the necessary resources to carry out fully and effectively the new tasks described in the regulation.

As migrant smuggling and trafficking continues to worsen, we are committed to stepping up our fight against the criminal networks who take advantage of human vulnerability, in pursuit of profit. To do this, we must ensure our legislative measures are fit for purpose. This proposal for a regulation will help us to ensure that police services across the EU, including our own An Garda Síochána, can co-operate with one another to the greatest extent to combat this dreadful crime.

The Office of the Attorney General has advised that there are no legal impediments or constitutional obstacles to Ireland electing to opt in, participate and be bound by this measure pursuant to Protocol 21.

My officials will continue to participate actively in the negotiations at working party meetings, and to consult relevant stakeholders in other bodies and agencies to ensure the final text of the regulation works well for Ireland and the EU as a whole. Again, that is why we are here today. If we do not opt in now, our own officials' opinions and views on how this should be rolled out effectively cannot be taken into consideration. By opting in to the measure, we will join our European colleagues to help to solve, or try to solve, this collective challenge. Therefore, the Government has no hesitation in commending this motion to the House.

In a nutshell, this measure seeks to make sure we codify so much of what happens at European level already. It will make sure we have enhanced co-operation between An Garda Síochána and all the police forces across Europe. Above all, it makes sure we tackle organised crime groups that are preying on vulnerable people who are losing their lives, whether in the ocean or coming in through container tanks or trucks. We have seen this on our own shores here in Ireland. We need to do everything we can to stop it at the source and stop these organised crime groups while at the same time continuing our work in making sure we have an immigration system that is fair, firm and effective and supports people who genuinely need our help. In addition, we must work with countries outside the EU to deal with the root cause and make sure that when it come to the reasons people are seeking a better life, we can try to support those countries to develop their economies and encourage their younger people to stay and try to deal with some of the crises we are seeing, particularly in conflicts across the world. I urge and request colleagues to support our opting in to this measure.

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