Dermot Ahern (Louth, Fianna Fail)

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 of the following proposed measure:

a proposal for a Council Decision on setting up the standing committee on operational cooperation on internal security,

a copy of which was laid before Dáil Éireann on 14 December 2009.

The opening up of the EU internal market in the 1990s and other developments that have increased the permeability of internal borders posed a number of problems for the Union and its member states, not least of which was the fact that organised criminal structures set about exploiting these developments. Subsequent events led to the realisation that terrorists could exploit the greater openness of the EU for their ends. The imperative, in these circumstances, to protect the citizens of the EU by creating an area of freedom, security and justice, with a high level of security for those citizens, required that law enforcement and judicial authorities should improve their co-operation.

Since then there have been numerous initiatives to increase the level of effectiveness of co-operation, including the creation of Eurojust, with its function of improving co-operation in ensuring effective prosecutions, and the European arrest warrant. Side by side with these have been important developments in information sharing, especially between law enforcement authorities, as a means of increasing the effectiveness of actions against organised crime and terrorism.

The member states of the EU face common challenges across the range of areas related to internal security and there is a need to adopt common strategies and co-ordinated EU action to allow us to meet those challenges more effectively. One such measure, which arises from the entry into force of the Lisbon treaty on 1 December 2009, is the setting up of a standing committee on operational co-operation on internal security. This committee is established by Article 71 of the Lisbon treaty. The purpose of the standing committee, which will be known by the French-language acronym COSI, is to ensure that operational co-operation on internal security is promoted and strengthened within the European Union. The committee will also facilitate the co-ordination of actions taken by the relevant authorities of the member states in this area. Deputies should be aware that the reference to "internal security" encompasses a range of issues related to public security and safety, covering actions against crime of all sorts, border management, customs co-operation and civil crisis management such as for natural or man-made disasters.

Co-operation in the field of justice and home affairs has become an increasingly important feature of the EU landscape. The creation of an area of freedom, security and justice is a treaty objective of the Union and this has been the over-arching focus of activity in the JHA field, involving activities covering free movement, asylum and immigration policies, and management of Union's external borders. Close co-operation has also been developed between the national police, judicial and customs authorities in the ongoing fight against crime.

A wide range of initiatives have been undertaken and are ongoing at EU level across the spectrum of policy areas relevant to internal security. Across this range of areas, there is ongoing interaction at operational level between the relevant authorities and services in member states, which allows for increased and more effective cross-border action and also for the development and sharing of best practice.

Many legal instruments in the field of police and judicial co-operation in criminal matters have been adopted at EU level, including measures to combat terrorism, trafficking in persons, child pornography, drug trafficking and money laundering. In addition, Europol and Eurojust have been established in order to support and improve co-operation between the member states in combating serious crimes such as corruption, drug trafficking and terrorism. The member states are also developing common approaches to the challenges of better managing migration flows into the Union. Minimum standards and procedures are being set out for asylum seekers. A European pact on immigration and asylum was adopted in 2008, setting out the principles behind a number of EU laws with the aim of organising legal immigration so that it takes account of the priorities and needs of each EU member state, and also to encourage the integration of immigrants.

More effective control of the EU's external borders is also a priority objective in order to tackle illegal immigration. The FRONTEX agency was set up in 2005 to enhance practical co-operation between the member states in developing better external border security. The creation of partnerships with the countries of origin and transit of illegal immigration is another important goal. The aim will be to seek to improve the poor living conditions which may act as a push factor in the countries from which people want to move away.

The customs services of the EU play an essential role in the fight against international drug-trafficking and related crimes. The EU drugs strategy, in dealing with illicit drug-trafficking and supply-side enforcement measures, focuses on reducing money laundering, the diversion of precursor chemicals for the manufacture of illegal drugs, and effective co-operation between customs, police and prosecuting authorities in the fight against drug-trafficking.

International co-operation between the various enforcement agencies charged with combating drug-trafficking and related crime is absolutely essential given the cross-border nature of these activities. Ireland's customs service plays a full part in protecting the European space in co-operation with its counterparts in other member states. The co-ordination of civil protection actions among member states in response to possible man-made or natural disasters is another important aspect of co-operation at EU level. A notable area of recent activity in this field has been the agreement of an action plan to enhance chemical, biological, radiological and nuclear security in the EU. The many actions included in the action plan are aimed at supporting the ongoing efforts of the member states in this field and providing an improved framework for co-ordinated action and co-operation between all those involved.

The proposed Council decision sets out the tasks to be assigned to the new committee. Its primary purpose, in accordance with the treaty, is to facilitate, promote and strengthen co-ordination of operational actions of member states' competent authorities in the field of internal security, principally police, customs and border protection. It will also cover, where appropriate, judicial co-operation in criminal matters relevant to this. The committee will not, however, be involved in conducting operations; these will remain within the remit of the member states. This is consistent with the mandate set down in Article 71 of the Lisbon treaty to promote and strengthen operational co-operation.

Furthermore, COSI will not have a legislative role. In accordance with the Lisbon treaty arrangements, legislation will be considered by the various Council working parties and will go from them to the committee of permanent representatives to the EU and on to the Council for final adoption. It will be for each member state to decide on the appropriate representatives to attend meetings. This will depend to some extent on the subject matter coming before the committee for discussion. The committee will also have the function of evaluating the efficiency of operational co-operation, identifying possible shortcomings or failures and adopting recommendations to address them. This is a key aspect in ensuring that actions can be properly targeted and resources can be deployed to the best effect.

In addition, COSI will help to ensure consistency of action by Eurojust, Europol and Frontex, representatives of which will be invited to attend meetings of COSI as observers. The committee will submit reports at regular intervals to the Council on its activities. The Council will keep national parliaments and the European Parliament informed of the proceedings of the committee.

Copies of the proposal were laid before the Houses of the Oireachtas on 14 December 2009. This Council decision is a measure pursuant to Title V of Part III of the Treaty of Lisbon and is, therefore, a measure to which Ireland may opt-in under Protocol No. 21. Protocol No. 21 to the Treaty of Lisbon provides that Ireland may opt to take part in the adoption and application of measures which are proposed in regard to the area of freedom, security and justice. In order for Ireland to exercise that opt-in, the prior approval of the Oireachtas, in accordance with Article 29.4.7° of the Constitution, is required. With the approval of the Oireachtas, this will be the first measure under the Treaty of Lisbon to which Ireland will opt-in in accordance with Protocol No. 21.

Members will appreciate that the EU has an important role to play in bringing together the actions of member states aimed at promoting and ensuring the internal security of the European space. By the same token, Ireland has an important contribution to make to those efforts in co-operation with our fellow EU member states. Ireland's participation in COSI will enable us to play a full role in developing the necessary co-ordinated action among the member states to contribute to a more secure future for all of the European Union's citizens.

I commend the motion to the House.

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