John Curran (Dublin Mid West, Fianna Fail)

The opening up of the EU Internal Market in the 1990s and the other developments which increased the permeability of internal borders posed a number of problems for the European Union and its member states, not least of which was the fact that organised criminal structures set about exploiting these developments. Subsequent events led to the realisation that terrorists could exploit this greater openness. The imperative in these circumstances of protection of the citizens of the Union by creating an area of free movement with a high level of security for those citizens required that law enforcement and judicial authorities should improve their co-operation. There have since been numerous initiatives to increase the level of effectiveness of co-operation. I mention the creation of Eurojust, with its function of improving co-operation in ensuring effective prosecutions, and the European arrest warrant as just two examples. Side by side with these have been important developments in information sharing, especially between law enforcement authorities, as a means of increasing the effectiveness of actions against organised crime and terrorism.

The member states of the European Union face common challenges across the range of areas related to internal security. There is a need to adopt common strategies and co-ordinated EU action to be in a position to meet these challenges more effectively. One such measure which arises from the entry into force of the Lisbon treaty on 1 December 2009 is the setting up of the Standing Committee on operational cooperation on internal security, which committee is established by Article 71 of the Lisbon treaty. The purpose of the standing committee which will be known by the French language acronym, COSI, is to ensure operational co-operation on internal security is promoted and strengthened within the Union. The committee will also facilitate the co-ordination of the actions taken by the relevant authorities of the member states in this area. Senators should be aware that the reference to "internal security" covers a range of issues related to public security and safety, covering actions against crime of all sorts, border management, customs co-operation and civil crisis management such as for natural or man-made disasters.

Co-operation in the field of justice and home affairs has become an increasingly important feature of the EU landscape. The creation of an area of freedom, security and justice is a treaty objective of the European Union. This objective has been the over-arching focus in the justice and home affairs field, involving activities covering free movement, asylum and immigration policies and the management of the Union's external borders. Close co-operation has also been developed between the national police, judicial and customs authorities in the ongoing fight against crime. A wide range of initiatives have been undertaken and are ongoing at EU level across the spectrum of policy areas relevant to internal security. There is ongoing interaction at operational level between the relevant authorities and services in the member states which allows for increased and more effective cross-border action and also for the development and sharing of best practice.

Many legal instruments in the field of police and judicial co-operation in criminal matters have been adopted at EU level, including measures to combat terrorism, trafficking in persons, child pornography, drug trafficking and money laundering. In addition, Europol and Eurojust have been established in order to support and improve co-operation between the member states in combating these serious crimes. EU member states are also developing common approaches to the challenges of better managing migration flows into the European Union. Minimum standards and procedures are being set for asylum seekers. A European pact on immigration and asylum was adopted in 2008, setting out the principles behind a number of EU laws, with the aim of organising legal immigration in order that it takes better account of the priorities and needs of each member state.

More effective control of the European Union's external borders is also a priority objective in order to tackle illegal immigration. The FRONTEX agency was set up in 2005 to enhance practical co-operation between the member states in developing better external border security. Another important goal is the creation of partnerships with countries of origin and transit for illegal immigration. The aim will be to seek to improve the poor living conditions which may act as a "push" factor in these countries.

Customs services in the Union play an essential role in the fight against international drug-trafficking and related crimes. The EU drugs strategy, in dealing with illicit drug trafficking and supply side enforcement measures, focuses on reducing money laundering, the diversion of precursor chemicals for the manufacture of illegal drugs and effective co-operation between customs, police and prosecuting authorities in the fight against drug trafficking. International co-operation between the various enforcement agencies charged with combating drug trafficking is absolutely essential, given the cross-border nature of these activities. Ireland's Customs Service plays a full part in contributing to the protection of the European space, in co-operation with its counterparts in other member states.

The co-ordination of civil protection actions among member states in responding to possible man-made or natural disasters is another very important aspect of co-operation at EU level. A notable area of recent activity in this field has been the agreement of an action plan to enhance chemical, biological, radiological and nuclear security in the European Union. The action plan is aimed at supporting the ongoing efforts of member states to provide an improved framework for co-ordinated action between all those involved.

This proposed Council decision sets out the tasks to be assigned to the new committee. Its primary purpose, in accordance with the treaty, is to facilitate, promote and strengthen co-ordination of operational actions of the member states' authorities in the field of internal security, principally as regards police, customs and border protection. It will also cover, where appropriate, judicial co-operation in criminal matters relevant to this.

The committee will not, however, be involved in conducting operations; these will, of course, remain within the remit of member states. This is consistent with the mandate set down in Article 71 of the Lisbon treaty to promote and strengthen operational co-operation.

Furthermore, COSI will not have a legislative role. In accordance with the Lisbon treaty arrangements, legislation will be considered by the various Council working parties and will go from them to the Committee of Permanent Representatives and then to the Council for final adoption.

It will be for each member state to decide on the appropriate representatives to attend meetings. This will depend to some extent on the subject before the committee for discussion.

The committee will also have the function of evaluating the efficiency of operational co-operation, identifying possible shortcomings or failures and adopting recommendations to address them. This is a key aspect in ensuring that the actions which are taken can be properly targeted and that resources can be deployed to the best effect. In addition, COSI will help to ensure consistency of action by Eurojust, Europol and Frontex, which will be invited to attend meetings of COSI as observers.

The committee will submit reports at regular intervals to the Council on its activities. The Council will keep national parliaments and the European Parliament informed of the proceedings of the committee.

Copies of the proposal were laid before the Houses of the Oireachtas on 14 December 2009. This Council decision is a measure pursuant to Title V of Part III of the Lisbon treaty and it is, therefore, a measure to which Ireland may opt in under Protocol 21. Protocol 21 to the Lisbon treaty provides that Ireland may opt to take part in the adoption and application of measures which are proposed in regard to the areas of freedom, security and justice. In order for Ireland to exercise that opt-in, prior approval of the Oireachtas in accordance with Article 29.4.7° of the Constitution is required. With the approval of the Oireachtas, this will be the first measure under the Lisbon treaty to which Ireland will opt in in accordance with Protocol 21.

Senators will appreciate that the EU has an important role to play in bringing together the actions of member states aimed at promoting and ensuring the internal security of the European space. By the same token, Ireland has an important contribution to make to those efforts, in co-operation with our fellow EU member states. Ireland's participation in COSI will enable us to play a full role in developing the necessary co-ordinated action among EU member states to contribute to a more secure future for all of the Union's citizens. I commend the motion to the Seanad.