Jim O'Callaghan (Dublin Bay South, Fianna Fail)

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 conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Norway on the transfer of Passenger Name Record (PNR) data to prevent, detect, investigate, and prosecute terrorist offences and serious crime, a copy of which was laid before Dáil Éireann on 30th June, 2025.

Like the Leas-Cheann Comhairle, I had the opportunity to listen to the very interesting and passionate debate on Pride that took place over the past number of hours. Regrettably, the topic we are now proceeding to is neither interesting nor passionate. It is a fairly mundane series of motions that are seeking and Article 3 opt-in under Protocol 21, which deals with justice and home affairs matters, in order to enable Ireland to become part of the signing and conclusion of agreements between the European Union and Norway, and the European Union and Iceland on the transfer of passenger name record, better known as the acronym, PNR. It relates to information that is provided when individuals arrive in ports, so an identity can be kept on whom those persons are.

Ireland opted into the negotiation of these agreements in February 2024. The agreements have two main aims and components, one relating to the necessity of ensuring public security by means of exchanging PNR data with Norway and with Iceland, and the other relating to the protection of privacy and other fundamental rights and freedoms of individuals.

The proposed Council decisions have a Title V legal basis in the area of police co-operation. Their publication by the Commission on 12 June 2025 started a three-month window for Ireland to exercise an opt-in under Article 3 of Protocol 21, which is annexed to the Lisbon treaty. However, this window has effectively been shortened by the timing of the proposals' publication and the imminent summer recess of the Houses. The collection and analysis of PNR data is a widely used law enforcement tool in the EU and in other countries for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. PNR data is the booking information provided by passengers and collected by air carriers for their own commercial purposes, such as names, dates of travel or travel itineraries. The collection and analysis of PNR data can provide the authorities with important elements allowing them to detect suspicious travel patterns and identify associates of criminals and terrorists, particularly those previously unknown to law enforcement authorities.

The use of PNR data is governed by the PNR directive, which was transposed into national law via the European Union (Passenger Name Record) Regulations 2018. The Irish passenger information unit within my Department is the body responsible for processing PNR data in Ireland. It is not foreseen that additional cost implications will arise from Ireland’s participation in these agreements, save from the potential addition of new flight routes or air carriers. The Irish passenger information unit is funded through the Vote of the Department of Justice, Home Affairs and Migration. No legal or practical impediment has been identified precluding Ireland from opting into these proposals.

No legal or practical impediment has been identified precluding Ireland from opting in to these proposals. We have already opted in to similar EU PNR agreements with Canada, Australia, the United States and the United Kingdom.

When we opted in last year to the negotiation of the agreements before us today, we also opted in to negotiate a PNR agreement with Switzerland. I am advised that proposals on the signing and conclusion of this agreement with Switzerland are expected to be published by the European Commission in the coming weeks. Therefore, I would expect to be back before the Houses after the summer recess with similar motions on exercising an Article 3 opt-in in respect of the European Commission agreement with Switzerland.

In operational and policy terms, it is considered desirable that Ireland exercises an Article 3 opt-in to these proposals so that Ireland can participate in the agreed exchange of PNR data with Iceland and Norway when the agreements have been concluded. I commend these proposals to the House to consider the exercise of Ireland’s right to opt in under Article 3 of Protocol 21 and seek the approval of the House for the motions for both the signing and conclusion of the agreements concerned.

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