Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank the House for facilitating the motion and thank both Deputies for their contributions and for supporting it. As I mentioned in my opening remarks, this will introduce common rules on the transfer of proceedings in criminal matters, making it easier to transfer criminal proceedings from one member state to another. As it concerns cross-border procedures, I believe that where uniform rules are required, we are putting forward a proposal for a regulation that is directly applicable in all member states. It is binding in its entirety. It will ensure and guarantee, as the Deputy just said, a common application of the rules across the EU, their entry into force at the same time, and it just means that we avoid different interpretations in member states, thus preventing that legal fragmentation I spoke about.

It is necessary to ensure the best-placed member state investigates or prosecutes a criminal offence. It will prevent duplications of proceedings, will avoid cases of impunity where surrender under a European arrest warrant is refused, will protect the rights of suspects and accused persons and victims and will contribute to the efficient and proper administration of criminal justice across EU member states.

Now that we are opting in to this proposal it will ensure we are at the table with all of our European partners. We can be involved in the detailed discussion on this particular proposal. Opting in under Article 3 allows us to take part fully in the adaptation or the adoption and application of the proposed measures and, indeed, we now have the ability to influence the content of the regulation that is to be agreed. It will ensure we fulfil our declaration where we intend to take part in adopting these kinds of measures to the maximum extent possible. As Minister, I certainly have tried to ensure that where possible, within that timeframe, we are always opting in, and we are always aligned with our colleagues, particularly when it comes to matters of criminal justice where we are obviously working on the same page.

Opting in will safeguard our international reputation. It demonstrates our commitment, ensuring we do not fall out of step with European partners when it comes to issues relating to criminal proceedings and the European area of freedom, security, and justice. For all of these reasons, I commend this motion to the House.

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