Niall Collins (Limerick County, 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: Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Korea on the transfer of Passenger Name Record data from the European Union to the Republic of Korea for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, a copy of which was laid before Dáil Éireann on 14th October, 2025.

Today, I am seeking the approval of Dáil Éireann to opt in to the Commission recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Korea on the transfer of passenger name record, PNR, data. This recommendation has two main aims. The first relates to the necessity of ensuring public security by means of exchanging PNR data between the EU and the Republic of Korea, while the second relates to the protection of privacy and other fundamental rights and freedoms of individuals.

This proposed Council decision has a Title V legal basis in the area of police co-operation. Its publication on 15 September 2025 started the three-month window for Ireland to exercise an Article 3 opt-in under Protocol 21 annexed to the Lisbon treaty. The collection and analysis of PNR data is a widely used law enforcement tool in the EU and 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 EU 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. No legal or practical impediment has been identified precluding Ireland from opting in to these proposals. Legal advice from the Attorney General confirms that we will not be bound into participating in the finalised agreement with the Republic of Korea unless we exercise our right to opt in again when fresh proposals are published at the end of the negotiations.

Today, I am simply asking Deputies to support an opt-in to those negotiations, so that we can participate on the same basis as other EU member states. No cost increase will arise from our participation in this Council decision authorising the opening of negotiations. A further cost analysis will be conducted at the time the agreement is finalised. The Irish passenger information unit is funded through the Vote of the Department of Justice, Home Affairs and Migration.

Deputies will recall that we have already opted in to similar EU PNR agreements with Canada, Australia, the United States and the United Kingdom. Earlier this year, the Dáil and Seanad passed similar motions to allow us to participate in two finalised PNR agreements with Iceland and Norway. Similar proposals to sign and conclude a PNR agreement with Switzerland were published on 13 November 2025. These are currently under consideration. Subject to no legal or practical impediments being identified to our participation, I intend to recommend to the Government and the Houses that we opt in to these agreements and the necessary motions will be brought to the Houses for agreement at the appropriate time.

In operational and policy terms, it is considered desirable that Ireland exercise an Article 3 opt-in to this proposal with the Republic of Korea so that Ireland can fully participate in the negotiations as they progress. I commend this proposal 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 motion to participate in this Council decision authorising the opening of these negotiations between the EU and the Republic of Korea.

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