James Browne (Wexford, Fianna Fail) | 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 amending Regulation (EU) 2018/1727 of the European Parliament and the Council, as regards the collection, preservation and analysis of evidence relating to genocide, crimes against humanity and war crimes at Eurojust,

a copy of which was laid before Dáil Éireann on 28th April, 2022. I thank the House for facilitating the taking of this motion.

Yesterday, the Government approved the Minister, Deputy McEntee's request to seek the approval of the two Houses of the Oireachtas to opt in to this EU proposal. The proposal relates to the collection, preservation and analysis of evidence relating to genocide, crimes against humanity and war crimes by Eurojust, the EU agency responsible for criminal justice co-operation. The regulation seeks to expand the remit of Eurojust to allow it to become a central repository for evidence and to allow national and international judicial authorities to benefit from the fully fledged support that Eurojust can provide in the ongoing investigation of core international crimes in the context of the aggression against Ukraine.

Ireland has joined with others in condemning Russia's act of aggression against Ukraine. We are gravely concerned by credible reports of attacks by Russian forces that may constitute war crimes, including the targeting of civilians and civilian objects and indiscriminate attacks against Ukrainian urban centres, medical facilities and civilians fleeing the conflict. It is essential that those responsible for war crimes are identified and prosecuted. The International Criminal Court, ICC, therefore plays a crucial role. Ireland and 40 other states parties have referred the situation in Ukraine to the prosecutor of the ICC, enabling him to immediately begin an investigation into alleged crimes currently unfolding in Ukraine and to commence the collection of evidence. On 2 March 2022, the prosecutor of the International Criminal Court announced he had proceeded to open an investigation into the situation in Ukraine. The prosecution services in several member states, as well as in Ukraine, have also started investigations of core international crimes. These investigations are supported and co-ordinated by Eurojust. We welcome and support the investigation opened on 2 March 2022 by the ICC prosecutor, which represents an important judicial step in the response to Russia's aggression against Ukraine.

National authorities are collecting evidence of the international crimes that may have been committed in Ukraine. Due the ongoing hostilities, evidence cannot be stored securely in Ukraine, requiring that a back-up storage space be urgently secured by the EU. Thus, in order to co-ordinate efforts currently deployed by member states to collect evidence, the Union has deemed it necessary to quickly set up central storage where evidence collected by Union agencies and bodies as well as by national, international and civil society organisations can be stored. This is the basis of this proposals, which aims to expand the remit of Eurojust to allow it to become a central repository for such evidence. Every effort should be made to support the prosecution of such crimes and this proposal will enhance the role of Eurojust in doing so.

An Garda Síochána, through the Garda National Bureau of Criminal Investigation, has responsibility here for the investigation of core international crime and co-operates with EU authorities on such matters. The Ukrainian prosecutor general and the prosecutor of the International Criminal Court have already welcomed the support of EU member states and the potential initiation of criminal investigations at a national level. This ensures the professional gathering of evidence, much of which may be displaced among refugees, which may be relevant to subsequent prosecutions. A strategy to identify and collect relevant information and evidence from Ukrainians who have fled to Ireland is currently under consideration by An Garda Síochána.

The main objective of the proposal before the House is to allow Eurojust to collect, preserve and analyse evidence in respect of genocide, crimes against humanity, war crimes and related criminal offences and, when necessary and appropriate, to enable Eurojust to exchange it or otherwise make it available to the competent national or international judicial authorities. Allowing for the collection of evidence does not amount to providing Eurojust with an executive role as an investigating authority, which would not be covered by its mandate. Rather, it is meant to ensure that Eurojust can receive and centrally store evidence from different sources. By doing so, Eurojust can support case-building work in national and international investigations in a more effective way and provide additional support to the competent prosecution services.

The amendment is concerned with the likelihood that war crimes are being committed in Ukraine. The current data processing architecture does not allow Eurojust to collect, preserve and analyse evidence relating to core international crimes including those that are likely being committed in Ukraine due to the scale of the events and the vast amount of evidence that needs to be stored in the case that such crimes are committed. The amendments proposed provide the power to Eurojust to collect, preserve and analyse evidence relating to the international crimes of genocide, crimes against humanity and war crimes and, in this regard, to operate with the goal of supporting the actions of member states to combat those crimes. This is the amendment of substance and that of greatest importance in that it widens the mandate and responsibilities of Eurojust. Nonetheless, the recitals to the measure clarify that it is intended principally to facilitate closer co-operation with the ICC. Thereafter, the purpose of the remaining amendments is to facilitate the establishment of an automated data management and storage facility outside the existing Eurojust case management system and to make provision for related data processing and data protection principles.

In respect of the ICC, Ireland has responded positively to the request of the ICC prosecutor to provide assistance to his office. During his trip to Ukraine on 14 April, the Minister, Deputy Coveney, announced that Ireland would provide €3 million in additional funding to the International Criminal Court. Some €1 million will be disbursed immediately to the office of the prosecutor. Officials in the Department of Foreign Affairs are currently engaging with the office of the prosecutor to complete the transfer of these funds. The secondment of national experts in a number of areas is also under consideration.

I am proud that Ireland is playing a strong part in the European Union-wide response to the major humanitarian crisis in Ukraine. The pace with which Ireland has mobilised to respond to this unprecedented situation is amazing. It really shows the generosity of spirit of our country. Ireland stands in solidarity with our European Union colleagues in working to support Ukrainian people fleeing the appalling situation visited on Ukraine by Russia.

With regard to the Minister, Deputy McEntee's own response and the response of my Department, the Minister lifted visa requirements for Ukrainian nationals travelling to Ireland on 25 February. This has helped to streamline and support the swift exit of both Ukrainian family members of Irish citizens and the family members of people from Ukraine who are resident in Ireland. It applies as an emergency measure to all Ukrainians travelling to Ireland. We also set up a one-stop shop at Dublin Airport, where the vast majority of people coming from Ukraine are arriving. It is staffed by officials from my Department, the Department of Social Protection and the Department of Children, Equality, Disability, Integration and Youth. Since we activated the temporary protection directive, more than 27,155 people fleeing Ukraine have arrived in Ireland seeking safety. Almost 26,500 temporary protection permissions have been issued so far. As part of a whole-of-government response, we will continue to work across Government and with our European Union counterparts on any further measures that might be needed to assist those fleeing Ukraine.

With regard to the legal situation, this proposal uses the legal basis of Article 85 of the Treaty on the Functioning of the European Union. The views of the Office of the Attorney General were sought and the legal advice received confirms that, as this is a measure under Title V of the treaty, Protocol 21 applies and Oireachtas approval under Article 29.4.7° of the Constitution is required for Ireland to opt in to the measure. The Office of the Attorney General has advised that opting into the proposed decision does not create any constitutional or legal issues for the State. This is a more expedited process than usual but, with regard to the speed of adoption under Protocol 21, I am sure that colleagues will agree that it is important that Ireland stand alongside all other member states in supporting Eurojust and member states in this extremely important work.

This proposal will not have a direct cost for Ireland but will have an impact on the Eurojust budget and staffing needs. Within the legislative financial statement accompanying the proposal, it is estimated that a further €15.705 million will be needed for the period from 2022 to 2027 to allow Eurojust to perform the task provided for by this proposal. This includes the cost of setting up and managing the automated data management and storage facility and for the necessary human resources to handle it.

Ireland has been a participating member of Eurojust since its inception in 2002 and recognises that it is an integral part of Europe's security architecture and is key to co-operation across our law enforcement agencies in our fight against cross-border crime. It is intended that Eurojust will play a key role in supporting investigations carried out by member states and international bodies into core international crimes committed in Ukraine.

In view of the gravity of the situation, the Union wishes to take all necessary measures as a matter of urgency to ensure that those who committed these crimes in Ukraine are held responsible. Therefore, the Union proposes an expedited process for the final adoption of this proposal in order not to delay the Union's adoption of this important measures. We recommend that Ireland opt in to this proposal under Article 3 of Protocol 21 of the Treaty on the Functioning of the European Union. The Government has no hesitation in commending the motion to opt in to this measure in this House.

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