Pa Daly (Kerry, Sinn Fein) | Oireachtas source

According to the briefing paper, the legal advices are that there is no legal or practical impediment to opting in to this proposal, but that does not mean we should not scrutinise why we should opt in to it when we are not obliged to. The approach of the Government more and more seems to be to opt in to all these proposals when requested and this proposal is the latest example.

The impression given in the paper is that it is an innocuous and administrative change, but what exactly is the proposal? The briefing that was provided says "The purpose of ... [COM (2024) 316 is to introduce] ... a new regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement being adopted on the appropriate legal basis". The existing regulation was challenged by a group in Wiesbaden in Germany called Digitalcourage. The administrative court there submitted the case to the European Court of Justice. The briefing note continues that the decision to introduce the proposal arises from the results of the legal challenge in March 2024 in which the European Court of Justice found that Regulation (EU) 2019/1157, which is the current regulation on strengthening the security of identity cards of Union citizens and of residence documents, is invalid due to its adoption on the incorrect legal basis. It appears the underlying legal basis should have been Article 77 and required unanimity rather than a qualified majority.

Two important points arise from the briefing paper that has been provided to the House.

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It states, "In operational and policy terms Ireland is already adhering to the proposal and it is considered prudent that Ireland avail of an Article 3 opt-in before 23 October 2024." It continues, "To note, Ireland does not currently register EU Citizens availing of free movement under the Directive, and this Regulation does not compel us to do so."

Related to that, it needs to be considered what occurs in other jurisdictions regarding the free movement of EU citizens. For example, if staying in Belgium for more than 90 days, even EU citizens must register with the local municipality and prove they have sufficient resources to avoid becoming a burden on the social welfare system and that they have or are seeking employment, and other requirements. Does the Department have any view on such a system or has that ever been considered?

With regard to this motion, Sinn Féin supports an asylum and migration system that is fair, efficient and enforced. Our general position on EU proposals is that Ireland should only opt in where we would otherwise not be able to do things ourselves. This was reflected in our stance on the EU migration pact in that Ireland should legislate for Ireland.

Of course, any gathering of data should be proportionate and necessary and we similarly want to uphold high standards in identity documents to prevent fraud within identity documents. The Government's briefing claims it is already adhering to the proposal in operational and policy terms. The Government has not mentioned what data will need to be gathered into the future to adhere to this regulation. That issue was considered when the proposal was considered initially in Europe. According to the briefing note, this regulation mandates the inclusion of fingerprints from every citizen looking to exercise freedom of movement rights. As the new proposal itself states, "In the recitals of the regulation, a reference is added to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and the protection of personal data as guaranteed in Article 7 and Article 8 of the Charter." There have been concerns expressed by a number of bodies that the data could possibly be used for other purposes. Will the Minister provide clarity on that concern, given that there have been many leaks and that the use of data for other purposes is always a concern?

They are some of the concerns Sinn Féin has about opting in to this regulation at this stage.

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