Dáil debates

Wednesday, 21 June 2023

Opt-in under Protocol No. 21: Motions

 

2:12 pm

Photo of Cathal BerryCathal Berry (Kildare South, Independent) | Oireachtas source

I am very grateful for the opportunity to contribute briefly to this debate on the opt-in by Ireland to the three EU proposals. It sounds like a bit of housekeeping to deal with technical issues, but in this Chamber we should forensically scrutinise any proposal that comes from Brussels.

As the Minister of State and Deputy Pa Daly are aware, there is a reputation at least that the legal service is overly bureaucratic. That is going to change. Deputy Daly admitted that as well himself. These proposals sound like they are going to modernise it, at least a small bit. They are a bit more progressive and there is recognition of non-wet signatures and non-wet seals. Every other sector in society has been moving on so it is important that the legal profession follows suit as well. That should help citizens to engage with the courts and how the State entities also engage. Sometimes it is even very difficult within a country to have a legal exchange of documentation from a discovery point of view, so it is only right that we have proper structures in place across the EU as well.

From a governance and management point of view, I welcome the fact that eu-LISA will be taking over that, which is completely appropriate. It is good to get rid of ad hocarrangements and do it from a formal perspective where appropriate.

The Minister of State mentioned secure access points; the entry points into the system. I am not sure if it has been nailed down yet, but is there any indication of how many access points we will have in Ireland? Perhaps he could at least give a ballpark figure. Will it be courthouses or particular solicitors' practices? How many access points will there be or where will they be? What does the Minister of State envisage from an access point of view?

In terms of the cost perspective, I am glad to see that at least there is a bit of downward pressure on the costs and that the EU will provide most of the software. That is a good thing.

I have just a couple of concerns. The Minister of State mentioned that Ireland is either not technically able or willing to meet the three-month deadline. I just wonder why that is the case. Is it for technical reasons? If it is, it is a bit unusual, as Ireland is a hub for a lot of technical companies at the moment and the public service is relatively well digitalized, so I just wonder what is the reason for that.

Ireland will not be in the system immediately, having not met the three-month deadline. Are we the only country not to meet the deadline or are there other countries? I agree with the opt-in presumption that we will meet the technical specifications afterwards. When is it envisaged that Ireland will be technically compliant if the House approves the opt-in today?

I welcome the proposal and I support the principle involved. It appears that safeguards are in place to prevent any misuse of the data. I welcome any kind of modernising or progression from a legal profession perspective. As a ballpark figure, how many access points will there be? If we are not signed up at the moment, when does the Minster of State envisage we will be?

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