James Browne (Wexford, Fianna Fail) | Oireachtas source

I am speaking today on a number of motions that exercise Ireland's option to opt into certain EU measures under Protocol No. 21 of the Treaty on the Functioning of the EU, TFEU.

Senators will be aware that if Ireland wishes to take part in an EU measure with a legal basis that falls under Title V of the TFEU, Oireachtas approval under Article 29.4.7° of the Constitution is required. The three measures before Senators today all have a legal basis which falls under Title V of the treaty and, therefore, it is necessary to secure Oireachtas approval.

The first motion refers to a draft proposal by the Council of the European Union to determine the date from which personal data relating to DNA-profiles and fingerprints, which is also known as Prüm data, may be supplied by member states to the United Kingdom. This is an essential tool for law enforcement across the European Union. Of course, it is of particular value to law enforcement co-operation between Ireland and the United Kingdom.

The EU-UK Trade Cooperation Agreement, TCA, stipulates that member states may continue to supply Prüm data to the United Kingdom pending the outcome of evaluations required by the TCA until 30 September 2021. This interim period was extended until 30 June 2022. It is worth noting that a measure providing for this extension was before the Houses in September 2021.

Since then, the European Commission has completed an evaluation of the UK and concluded, in its reports, that the co-operation with the United Kingdom on DNA profiles and dactyloscopic data meets the relevant requirements. These reports were submitted to the Council in March 2022. They paved the way for the Council to allow the Union to declare that member states may supply personal data regarding DNA profiles and dactyloscopic data to the United Kingdom as referred to in Article 540(2) of the TCA.

Without this Council decision, Prüm data will cease to be shared between the EU and the UK from midnight on 30 June 2022. As Senators will understand, if this were to happen it is something that could, potentially, have serious repercussions in the investigation and prosecution of criminal cases.

The views of the Office of the Attorney General were sought and the legal advice received has confirmed that Oireachtas approval, under Article 29.4.7° of the Constitution, is required.

I would like to emphasise that the effective implementation of the EU-UK Trade and Cooperation Agreement is an EU priority. Ireland will play its full part in that.

Ireland's role in the EU has changed in recent times and will continue to evolve in the coming years. The full implementation of the TCA is necessary for us to not only play our part as an EU member state but also to ensure that our post-Brexit relationship with the UK continues to grow and develop. Part of this relationship is ensuring that the safety and security of our citizens is protected and this measure is necessary to do that.

The second motion relates to Council Decision (EU) 2021/430 on the Kyoto Declaration on Advancing Crime Prevention, Criminal Justice and the Rule of Law: towards the achievement of the 2030 Agenda for Sustainable Development.

The United Nations Congress on Crime Prevention and Criminal Justice is held every five years. It focuses on the topics of crime, crime prevention and criminal justice. At each congress, a high-level non-binding declaration is adopted, which consists of statements collectively agreed by United Nation member states.

At the 14th congress held in Kyoto, Japan on 7 March 2021, the Kyoto Declaration was adopted and covers a variety of wide-ranging topics, including: "Tailor-made crime prevention strategies"; "Mainstreaming a gender perspective into criminal justice systems"; and "Safeguarding victims' rights and protecting witnesses and reporting persons". For the first time, the Council of the European Union took the approach of publishing a Council decision approving the adoption of the final draft Declaration, which has necessitated this Protocol No. 21 process.

As Senators will be aware, provided for in Article 3.1 of Protocol No. 21, Ireland has three months from the date a proposal or initiative is presented to the Council to consider the proposal, and notify the Presidency of the Council in writing of its wish to take part in the negotiation, adoption and application of any such measure. However, on this occasion, in order to support the speedy adoption of this proposal, Ireland waived its right to have three months for consideration before the decision was adopted. That is why we now propose to opt-in post adoption under Article 4 of Protocol No. 21.

Ireland's support for international frameworks, policies and strategies, including adherence to the principles contained in the Kyoto Declaration, is reflected in the programme for Government, which commits to various reforms to prevent crime, make communities safer and support victims of crime. The importance of collectively agreed and collaborative responses to criminal activity globally is vital to ensure best practice initiatives are shared and jointly implemented.

To give just one example of Ireland's innovative approach to crime prevention, I would like to mention the Greentown Project. It is a research project and pilot initiative that is aimed at disrupting the recruitment of children by criminal gangs. The project was recognised at the European Crime Prevention Awards when it was awarded first place among the initiatives submitted on the theme of "tackling family-based crime, particularly for young people and new communities". This success shows the international recognition of Ireland's innovative approach to developing crime prevention measures, and displays our willingness to engage and share our experience with international colleagues.

Nevertheless, while my Department leads on criminal policy matters generally, many current national strategies and policy initiatives require a whole-of-government response. That means many Departments and agencies share roles, and responsibilities, in this area. They will contribute to Ireland's role in the implementation of the declaration thus leading to the advancement of the 2030 agenda for sustainable development.

The third motion relates to an EU civil justice regulation, which was adopted in December 2021. It is an amending regulation, which makes technical updates to the two annexes in the 2015 Recast Insolvency Regulation. Ireland has already opted into the Recast Insolvency Regulation. Under the protocol, a fresh opt-in is required in respect of any measure that amends the regulation.

The Recast Insolvency Regulation applies to company insolvency, personal insolvency and bankruptcy. It provides for mutual recognition and enforcement of insolvency proceedings between EU member states in cases with a cross-border dimension.

The Recast Insolvency Regulation sets out agreed common rules on which member states' courts will have jurisdiction to deal with a cross-border insolvency case, and to which national insolvency law will apply. The regulation also deals with the recognition of court orders.

The changes made by the amending regulation are to replace Annexes A and B to the 2015 regulation with updated versions. These annexes list, respectively, the types of insolvency procedures and insolvency practitioners in each member state that are to be recognised under the 2015 regulation. These updated annexes are required due to changes in national legislation in EU member states. In addition, the relevant UK listings have been removed post Brexit. The lists of recognised Irish insolvency proceedings, in Annex A, and of Irish insolvency practitioners, in Annex B, are unaffected by these changes. For reasons of timing, it did not prove possible for Ireland to opt into the amending regulation under Article 3 of the protocol, within three months of its presentation.As a result, the intention was to propose an opt-in under Article 4 following the adoption of the measure and subject to the necessary approval. It is recommended that Ireland should now opt in to this regulation so we apply the same updated list of insolvency proceedings and practitioners as other EU member states. It is important that Ireland is seen to confirm the recognition of updates to the relevant laws in other member states.

The recast insolvency regulation is also an important and well-established part of civil justice co-operation between EU member states which ensures a more coherent and predictable approach in cross-border insolvency cases. It is desirable that Ireland should exercise its right to opt in to this amending regulation post adoption in accordance with Article 4 of the protocol. I trust the House can support the exercise of Ireland's opt-in in respect of these three measures.