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

To answer the previous question, as this regulation requires an opt-in, it is a requirement that we seek and get the approval of both Houses, which requires a debate, however long it is. This will be a short debate today but sometimes we have had opt-ins where the debates were for much longer. It is a requirement if we choose to opt in that we make that known to the Council and that it is by the adoption by both Houses. We will have a similar debate - perhaps a short one as well - in the Seanad. It is for those reasons we are here.

As I outlined earlier, this proposal is a technical fix for a regulation that is already in force and one with which Ireland is already in full compliance. It is important for me to reiterate that opting in to the proposal will not require Ireland to start registering European Union citizens. In terms of how we are already operating, it will not place any additional onus on Ireland to issue any new documentation or alter any of the residence documentation or registration cards we already issue.

The registration certificates for EU citizens Ireland provides can still be applied for after the five years of residency in the State and this continues to be optional. There is no mandatory requirement for EU citizens to obtain one or to register with the immigration authorities, ensuring EU citizens can move with ease, and that allows for positive inward migration and the flow of eligible people under freedom of movement.

This proposal is to ensure the regulation introduced in 2019 that is already in effect remains and that the status quo remains. By not opting in we are potentially going backwards.

In terms of the legislation itself, the proposal essentially reproduces the text of the regulation from 2019 in almost all respects but there are a few minor amendments to the original regulation: the legal basis is corrected; recitals containing references to past policy documents are streamlined; there will be minor changes to the recitals to take into account Denmark and Ireland’s opt-ins or opt-outs; reference to the court ruling regarding the compatibility of fingerprinted fundamental rights; there will be a reference to case law and the possibility to attest entitlement to rights by other means; and there will be a new European data protection supervisor consultation. Those are the changes but all of these essentially will just ensure the status quo – the regulation that already exists, that was introduced in 2019 and Ireland automatically became part of – is maintained. Anything beyond that will be debated in the House if there is anything further to add or there are any further measures we need to take in this regard.

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