Niall Collins (Limerick County, Fianna Fail)
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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.

Mark Ward (Dublin Mid West, Sinn Fein)
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Sinn Féin has discussed previous motions in relation to the sharing of passenger name record data. This data is important for the prevention, detection, investigation and prosecution of serious crimes and terrorist offences such as drug-related offences and human trafficking. This information forms a part of the broader management of our borders. International co-operation in the fight against crime is crucial, and the sharing of this information is a key aspect of that.

I raise with the Minister of State the fact that this data is not collected in respect of those travelling by ferry. The motion relates to an agreement between the EU and the Republic of Korea. Sinn Féin will not oppose it.

I will again make a number of points about what I see as an increased drift towards opting in under Protocol 21 of the Lisbon treaty and moving further away from the spirit of that protocol, which gave Ireland the right to opt out. Whenever the Irish people have voted on EU treaties, protecting and maximising Irish sovereignty have been to the fore of many people's concerns. That is why Protocol 21 is in place. I have a concern that since Britain, which was also covered by Protocol 21, left the European Union, there has been increased resistance, or perhaps it is a lack of courage, on the part of the Government to exercising our right to opt out of measures related to freedom, security and justice.

While it may be appropriate in this case to opt in under Article 3, it is crucial that protections of Protocol 21 annexed to the Lisbon treaty are not abandoned or watered down by always opting in under Article 3, when the option of opting in under Article 4 or opting out is available to Ireland. While this particular proposal may be clear and straightforward, we have seen the Government push through many Article 3 opt-ins where it is clear that the final proposal will be in Ireland's best interest. This is something I will talk about later this afternoon.

There is considerable travel in and out of the Irish State by ferry as well as by air. Sharing the PNR data is designed to prevent, detect, investigate and prosecute serious crimes and terrorist offences. It appears to be an anomaly that this does not apply in the same manner to ferry passengers. This will encourage those seeking to evade PNR to take the ferry. Deputy Carthy raised this anomaly with the Minister when we last discussed a motion on the transfer of PNR. At the time, the Minister pointed out that the European Commission had published a feasibility study which examined the possible use of advance passenger information from land and maritime travel operators. Can the Minister of State give an update on plans to collect PNR data from ferries travelling in and out of Ireland?

Gary Gannon (Dublin Central, Social Democrats)
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International co-operation in the fight against serious crime and terrorism is vital. No one disputes that, but how we co-operate matters just as much as whether we co-operate. These motions on the conclusion and signing of PNR data-sharing agreements between the EU and South Korea are part of a wider framework that can enhance public safety. I support that objective, but I sound a note of caution.

5 o’clock

When the EU’s PNR regime was tested before the European Court of Justice, the court was unequivocal. PNR systems can only be lawful where robust, enforceable safeguards are in place. As we consider authorising negotiations with South Korea, that principle must guide us. We must have safeguards that are grounded in fundamental rights because we are not just talking about sharing names and passport numbers. We are talking about bulk processing of personal data, often of people who are entirely innocent, who will never come close to any suspicion of wrongdoing.

The European Data Protection Board, EDPB, has said loud and clear that PNR data should only be used in connection with serious crime or terrorism - not for so-called ordinary offences. There must be an objective link between the data and the offence. That link has to be evidence-based, not speculative. Anything less risks undermining the very rights this Union is meant to uphold.

We also need clarity around independent oversight, time limits on data retention and, crucially, data subject rights - the right to know how your information is being used, the right to challenge it where necessary and the right to redress if something goes wrong. Too often, we approach these international PNR agreements on the assumption that every partner country will apply the rules with the same rigour and safeguards that we expect within the EU but even within the Union the EDPB, which is the EU’s own top data protection authority, has warned that many member states have still not aligned their national PNR laws with the European Court of Justice’s requirements. If several EU countries are struggling to meet the court’s standards, it should give us real pause before we authorise negotiations with a third country like South Korea. At the very least, it should prompt us to stop, examine the risks and ensure the safeguards demanded by the court are fully reflected from the very start of those negotiations.

I support the principle of these agreements but I urge the Minister to ensure that our participation is rooted in full compliance with the European Court of Justice ruling, with robust domestic implementation and that transparency, necessity and proportionality are not just buzzwords but, rather, the standards we actually enforce. Security and rights are not in opposition to each other. We get better, safer systems when we protect both.

Cathal Crowe (Clare, Fianna Fail)
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I note that Ireland is bound by the EU passenger name record directive so it makes full sense for us to opt in. What is at stake here is data exchange. In time, it will lead to increased police co-operation, prevention, detection, powers of investigation and, ultimately, one would hope, prosecution where terrorist offences and serious crimes are concerned. Overall, this is a very good measure and I hope there will be no opposition to it. I see it as a very positive measure.

I am convenor and chairman in the Houses of the Oireachtas of the Ireland-South Korea parliamentary committee. We had a meeting yesterday attended by the South Korean ambassador. We had an excellent meeting. There are many areas of co-operation. I do not intend to use all my speaking time here but I wish to make one point because it is important that it gets read into the Dáil record. The most beautiful tapestry, which was shown here in the Houses at some point - I believe the Ceann Comhairle has seen it - commemorates seven Irish priests who were martyred during the Korean War. They were seven Columban missionary priests, one of whom, Father Tommie Cusack, was from my county of Clare. Very little is known about these priests in Ireland but they are revered in Korea, where there are shrines and streets named after them. Now they will finally be recognised in state buildings there with a tapestry presented yesterday. I know I have gone off on a tangent but it is important that the event that took place yesterday is recognised. The tapestry is on a tour of key sites in Korea and on St. Patrick's Day will be brought to one of the state buildings, where it will hang permanently in exhibition.

Overall, this is a good measure we should opt into. It makes sense. The more the EU can co-operate with third countries, the better. I note there is an agreement like this with Australia and other countries. The more of these arrangements we have, the better. We live in a global society these days. Many people growing up nowadays will not live in their local communities, towns or villages when they are older but will live in the four corners of the earth and it is important that we are able to share details about people who move across borders, particularly those who try to live beyond the law. The more data-sharing we have with other countries in that regard the better.

Niall Collins (Limerick County, Fianna Fail)
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I thank all the Deputies for their contributions, which I have listened to carefully. I also thank Deputy Crowe for a very insightful contribution about the reach of Irish missionaries as far as Korea. We know the outstanding contribution of Irish missionaries around the world and that was another example of it.

I reiterate that the proposed opt-in concerns a proposal for a Council decision authorising the opening of negotiations for an agreement between the EU and the Republic of Korea on the transfer of PNR data. PNR data is a widely used law enforcement tool in the EU and beyond to combat terrorism and serious crime such as human trafficking and drug-related offences. The collection and analysis of PNR data can enable the relevant authorities to detect suspicious travel patterns and identify criminals and terrorists, and their associates. Ireland is bound by the relevant EU PNR directive. Adequate data protection safeguards and respect for the fundamental rights of citizens will be a core component of the negotiations with the Republic of Korea. The existing adequacy decision referred to by the Commission in its proposal is a strong indicator that any transfer of data from the EU to the Republic of Korea will be appropriately protected.

We have previously supported similar agreements in this area and it is recommended for operational and policy reasons that we exercise our right to opt in under Article 3 to this proposal so that we can input into the negotiations from the outset. I again highlight that the motion before is simply an opt-in to participate in the negotiations. It is not an opt-in to begin exchanging PNR with the Republic of Korea. The agreement reached at the end of the negotiations will provide the legal basis for that exchange. It will require Ireland to exercise another opt in under Protocol 21 at the time to benefit from the enhanced police co-operation it will offer.

Deputy Mark Ward raised a point about PNR data being collected from airline travel and not from other forms of travel. The Commission has published feasibility studies examining the possible use of advanced passenger information from land and maritime travel operators. Ireland does not have the applicable long-distance rail or road routes but will continue to monitor developments on maritime travel arising from these studies. The PNR directive is also being evaluated and there may be scope for amendments at the appropriate time. The point is noted.

I trust that the House can support the exercise of Ireland's opt-in in this instance and, therefore, approve the motion to participate in the Council decision authorising the opening of negotiations. I thank the Deputies for their contributions and careful consideration.