Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am pleased to bring what I am sure members will agree is a good news story and a positive initiative on the part of the Department of Justice and Equality and the European Union. I am joined by my officials, Mr. Donal Kerr and Mr. Patrick McCabe. The purpose of the motion is to seek approval of the Oireachtas to exercise Ireland’s options under the 21st protocol annexed to the Lisbon treaty in respect of the proposal for a regulation of the European Parliament and of the Council establishing the internal security fund.

Events of the last few years unfortunately demonstrate that security threats have intensified and diversified across the European Union. The nature of these threats has not remained static but has evolved. We see today that the threats European citizens face are increasingly cross-border in nature, meaning that member states must co-operate. The European budget can support member states as we work to keep our citizens safe and, together, build a Union that is resilient to future security challenges and is better equipped to respond to emergencies that may arise.

The continued attractiveness of the EU as a politically and economically stable place in which to live, travel and do business depends greatly on its reputation as a genuine area of freedom, security and justice. Among many other things, this requires that we minimise the threats from terrorism and serious cross-border criminality, including the scourge of terrorism, the ongoing menace of organised crime and the new frontier of cybercrime, which can have potentially devastating consequences for businesses, individuals and IT security. Ireland has always been, and will continue to be, an enthusiastic and proactive supporter of co-operation in these areas.

The objectives of the internal security fund are based on the scope of its predecessor instruments, namely, the security and safeguarding liberties programme in the period from 2007 to 2013; the instrument for police co-operation, preventing and combating crime and crisis management, ISF-P, which was established by Regulation (EU) No. 513/2014 and formed part of the internal security fund in the period from 2014 to 2020; and the drugs policy part of the justice programme established by Regulation (EU) No. 1382/2013 in the period from 2014 to 2020. All of these imperatives require financial support for the development of closer co-operation between law enforcement authorities, and for the exchange of personnel, ideas and best practice.

Ireland participates in the current ISF regulation, ISF-P, for the period from 2014 to 2020. The current ISF fund has enabled high-volume investments, especially in IT systems, from which Ireland has benefitted, for example, Ireland’s connection to the fixed Interpol network database, FIND, for linked member countries to access Interpol’s global databases. Under the current ISF, An Garda Síochána acts as both the responsible authority and the audit authority. My Department regularly reviews expenditure under the current ISF fund in Ireland through the ISF monitoring committee. The monitoring committee is comprised of officials from both my Department and An Garda Síochána and works to ensure that Ireland achieves the maximum benefit from our allocated funding in full compliance with European Union law.

I will briefly describe the main features of the proposal. The future ISF structure will contain a single general objective, which will be to contribute to ensuring a high level of security in the Union. in particular by tackling terrorism and radicalisation, serious and organised crime and cybercrime and by assisting and protecting victims of crime. This reflects the Union's security policy. The overall objective is supplemented by the following three important horizontal objectives: to increase the exchange of information among member states' law enforcement and other competent authorities and other relevant Union bodies as well as with third countries and international organisations; to intensify cross-border joint operations among member states' law enforcement and other competent authorities in respect of serious and organised crime with a cross-border dimension; and to support efforts at strengthening the capabilities in combating and preventing crime, including terrorism in particular, through increased co-operation between public authorities, civil society and private partners across the member states.

These are important objectives for all member states and the Union as a whole. Ireland welcomes the commitment to enhancing the safety of all citizens by improving the capacity of member states to engage in active co-operation. Reflecting the increased threats faced by European citizens and the attendant increased need for member states to work collectively to fight such threats, an important development in the proposal for the future ISF is the Commission’s intention to multiply Union funding for internal security by a factor of 1.8. The financial envelope of the internal security fund in the period from 2021 to 2027 will be €2.5 billion in current prices. This increase in funding is welcome and demonstrates the Union's determination to be a place of safety and security for all Europeans.

The main challenge the proposal aims to address is the need for greater flexibility in managing the future fund, along with tools to ensure that funding is steered towards EU priorities and actions with a significant added value to the Union. The funding is implemented through shared management by the member states and direct-indirect management by the Commission. A new thematic facility comprising €1 billion will be allocated periodically allowing the funds, at the initiative of the Commission, to support targeted actions by member states and allow for a rapid response to immediate security challenges or emergencies. The programming of actions under the thematic facility would be implemented through annual and multiannual work programmes adopted by the Commission implementing decision. This new thematic facility will make it possible to address new priorities or take urgent action and to implement them through the delivery mode that is best placed to achieve the policy objective as time progresses during the funds period from 2021 to 2027.

Allocations under the future internal security fund will be based on a 60% to 40% split. Some 50%, or €1.25 billion, will be allocated to member states initially, with a later mid-term allocation of 10% or €250 million. The remaining 40% - €1 billion - will be assigned to the new thematic facility. Each member state will receive a one-time fixed amount of €5 million to ensure a critical mass at the start of the programming period, plus an amount varying according to a distribution key weighted on the following criteria: 45% in inverse proportion to gross domestic product; 40% in proportion to the size of the population of the member state; and 15% in proportion to the size of its territory.

Importantly, this proposal also sets out the general principles that expenditure under the ISF must be consistent with EU policies and priorities, must be implemented in close co-operation between the Commission and the member states, and must be subject to sound financial management. The proposal also contain provisions on management and control of the fund. The proposal makes provision for the inclusion of the European Union Agency for Law Enforcement Cooperation, Europol, the European Union Agency for Law Enforcement Training, CEPOL, and the European Monitoring Centre for Drugs and Drug Addiction, EMCDDA, in the process of developing of member states' national programmes, and for these agencies' participation in monitoring and evaluation tasks under the proposal. Member states will be required to submit annual performance reports from 2023 onward. I am confident these measures and others to be further set out by the Commission in implementing acts will ensure that the future ISF achieves its objectives and delivers the maximum benefit for European citizens.

This proposal, while largely technical in nature, provides an effective foundation for the internal security fund for the period from 2021 to 2027.

This is, of course, welcome. The proposal does not present any particular policy issue for Ireland and the Office of the Attorney General advises that it sees no legal impediment to opting in. I am strongly of the view that Ireland should participate in the adoption and application of each of these proposed measures. In doing so, Ireland will be in a position to benefit from financial assistance in pursuit of the various forms of police co-operation to which the proposed measures relate. Our participation in the adoption of the measure would give Ireland a say in the final content, including on particular budgetary allocations within and between each measure. Opting in at this point does not necessarily imply that all elements of the proposal are acceptable to Ireland. Rather, it is a simple acknowledgement that we support the substance of the proposals and wish to participate in their negotiation and adoption. Opting in now will lend weight to any policy position we adopt during the negotiation process and allow us to maximise our influence over the final shape of each regulation. I hope the committee can support the exercise of Ireland's opt-in in respect of the proposed regulation.