Niall Collins (Limerick County, 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 Council Decision on the position to be taken on behalf of the European Union in the Specialised Committee on Law Enforcement and Judicial Cooperation established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, regarding the establishment of a standard form for requests for mutual assistance referred to in Article 635(1) of that Agreement, a copy of which was laid before Dáil Éireann on 1st March, 2023.

I am speaking today on behalf of the Minister for Justice on a motion referring to a draft proposal by the Council of the European Union to establish a standard form for handling mutual legal assistance requests under the EU-UK Trade and Cooperation Agreement, TCA. The TCA facilitates the application between member states and the United Kingdom of the European Convention on Mutual Assistance in Criminal Matters 1959, the additional protocol adopted in 1978 and the second additional protocol from 2001. However, the TCA does not provide for any form for requests for mutual assistance in criminal matters but instead mandates the Specialised Committee on Law Enforcement and Judicial Cooperation, a committee which is responsible for monitoring the implementation and functioning of the law enforcement and judicial co-operation part of the TCA, to establish such a standard form. Once adopted, all requests for mutual assistance will have to be made using the standard form.

The exchange of this information is to assist in the prevention, detection, investigation and prosecution of terrorist offences and serious crime. The exchange of this information is an essential tool for law enforcement, including countering terrorist threats across the EU and, of course, is of particular value to law enforcement co-operation between Ireland and the UK.

Deputies will be aware that if Ireland wishes to take part in an EU measure with a legal basis that falls under Title V of the Treaty on the Functioning of the European Union, TFEU, Oireachtas approval under Article 29.4.7° of the Constitution is required. The Council intends to adopt this measure as soon as possible. Therefore, it is necessary to secure Oireachtas approval as a matter of urgency and, in light of this, I ask Deputies to pass this motion without a vote.

By way of background, mutual assistance consists of a variety of mechanisms whereby assistance in relation to criminal investigations or proceedings may be provided by one state to another. This international co-operation is particularly important given the transnational nature of criminal activity such as cybercrime. Such co-operation often involves obtaining and providing evidence for use in criminal investigations or proceedings in another jurisdiction.

Ireland is a party to a number of multilateral conventions and bilateral treaties in the area of criminal justice co-operation. The international instruments relating to mutual assistance include the Council of Europe Convention on Mutual Assistance in Criminal Matters. Post Brexit, co-operation with the UK in the area of mutual assistance essentially operates under the relevant provisions of Part 3 of the TCA, which deals with law enforcement and judicial co-operation in criminal matters. The Irish central authority for mutual assistance, a division within the Department of Justice, provides a co-ordinating function in relation to incoming and outgoing requests for mutual assistance. I am advised that the Irish central authority is currently experiencing no particular obstacles or difficulties in the context of mutual assistance with the UK.

This proposal sees the establishment of a new, standardised form which will be used for mutual assistance requests between the UK and EU member states under the TCA, as envisaged under Article 635 of the TCA. This proposal for a Council decision, COM (2023) 56, was published on 6 February 2023. Ireland and the other EU member states were consulted when the form was being developed. Requests can currently be made in varying formats. The proposed new form will standardise the manner in which mutual assistance requests are made between the UK and Ireland and between the UK and other EU member states. The Irish central authority is satisfied with the proposed new standardised form, which should serve to facilitate more streamlined and structured mutual assistance requests and consequently assist in the processing and execution of such requests.

I assure Deputies that the measure is purely technical in nature and does not introduce or amend any policy matters. It simply provides for a standard form to facilitate requests for mutual legal assistance. The Government sincerely regrets the lack of time given to the Houses of the Oireachtas to consider this matter. I trust that Deputies understand the urgency and necessity of this motion passing today.

As mentioned earlier, the proposal presented by the Commission uses the legal bases of Article 82(1), making this a measure under Title V of the TFEU. Thus, Protocol 21 applies and Oireachtas approval under Article 29.4.7° of the Constitution is required for Ireland to opt into the measure. The views of the Office of the Attorney General were sought and the legal advice received has confirmed that Oireachtas approval under Article 29.4.7° of the Constitution is required.

I emphasise that the effective implementation of the EU-UK Trade and Cooperation Agreement is an EU priority and Ireland will play its full part in that. Ireland’s role in the EU has changed in recent times and will continue to evolve in the coming years. Full implementation of the TCA is necessary for us not only to play our part as an EU member state but also to ensure our post-Brexit relationship with the UK continues to grow and develop. Part of this relationship is ensuring the safety and security of our citizens is protected, and this measure is necessary to do that. I trust the House can support the exercise of Ireland’s opt-in in respect of this measure. Streamlining the process for requesting mutual legal assistance with the UK is something which is entirely within Ireland’s strategic interest.

I thank Deputies for their consideration of this important matter.

See this speech in context