Robbie Gallagher (Fianna Fail)
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I move:

That Seanad 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 position to be taken on behalf of the European Union vis-à-vis the United Kingdom of Great Britain and Northern Ireland regarding the determination under Article 540(2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of the date from which personal data under Article 537 of that Agreement may be supplied by Member States to the United Kingdom, a copy of which was laid before Seanad Éireann on 27th February, 2026.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am here to seek the approval of Seanad Éireann to opt in to a European Commission proposal for a Council decision to allow member states to resume the automated searching and matching of vehicle registration data, VRD, with the United Kingdom. I emphasise at the outset that this is not a new capability. Under the Prüm decisions by which Ireland is bound, participating EU member states can search and exchange DNA, fingerprints and vehicle registration data with other member states via the automated means for the purpose of preventing and investigating criminal offences.

Following the UK’s withdrawal from the European Union, the EU-UK Trade and Cooperation Agreement was signed and concluded. It includes provisions on vehicle registration data exchange, which required the UK to undergo an evaluation process before the exchange of vehicle registration data could be resumed with all member states, including Ireland. This evaluation process has now been successfully concluded. The unilateral declaration, presented as an annexe to the proposal, will determine the date from which member states may resume the supply of vehicle registration data to the UK. The date will be determined once the Council decision is adopted. The desire from all parties is to see that resumed as soon as possible.

Vehicle registration data includes the personal data of drivers, owners and operators of vehicles, as well as the details of those vehicles such as the make, model, colour, licence plate and chassis number. In Ireland, these details may be supplied to other participating states from the national vehicle and driver file. The relevant national legislation is the Vehicle Registration Data (Automated Searching and Exchange) Act 2018, which designates the Minister for Transport as the national contact point. I understand the Minister, Deputy O’Brien, will amend the 2018 Act by way of statutory instrument to include reference to the trade and co-operation agreement. His Department is engaging with the Office of the Parliamentary Counsel to the Government in this regard.

The proposed Council decision has a Title V legal basis in the area of police co-operation. Its publication by the Commission on 30 January 2026, therefore, triggered the three-month window for Ireland to exercise an opt-in under Article 3 of Protocol 21, annexed to the Lisbon treaty.This window ends on 30 April 2026. Legal advice from the Attorney General has confirmed a Protocol 21 opt-in is required to satisfy Article 29.4.7° of Bunreacht na hÉireann and to guard against a risk of legal challenges to criminal proceedings where vehicle registration data is utilised in future. Ireland successfully negotiated additional recital language to better reflect our Protocol 21 rights and our sovereignty in the area of freedom, security and justice. This proposal will promote enhanced police co-operation between Ireland and the UK. Our shared border and ferry transport links mean it is imperative the competent authorities in both jurisdictions have access to this information exchange mechanism. In operational and policy terms it is considered desirable Ireland exercises an Article 3 opt-in to these proposals so we can again supply vehicle registration data to the United Kingdom and receive data in return.

I commend the proposal to the House, a Chathaoirligh. This is, as you will know, one of the examples of the Houses of the Oireachtas exercising their sovereignty in terms of matters that come within Protocol 21. As you know, Protocol 21, which is an annexe to the Lisbon treaty, was put in place for the benefit of Ireland to ensure that in the area of policy co-operation and justice matters, we could opt out. However, if it was the case we wanted to opt in we could do so, either pursuant to Article 3 or Article 4. That gives us the opportunity to decide on an individual basis whether we want to be part of these decisions or proposals of the European Union. In this instance we are correct to exercise our democratic mandate in supporting the opt-in as there is a strong benefit in being able to exchange vehicle registration data with the UK. That is something that happened before Brexit and it is a real positive sign that it will continue now after Brexit.

Mark Daly (Fianna Fail)
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I thank the Minister. Before I call Senator Gallagher, I welcome Councillor Barbara-Anne Murphy and all the crew from Bunclody who are here about an issue in relation to flooding defence in the town. With the councillor are Nicky Caesar, Patrick Foley, Mick Scott and Mary Cowman-Scott. The visit was arranged by former Senator, now Deputy, Malcolm Byrne.

Robbie Gallagher (Fianna Fail)
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I too welcome the visitors to the Gallery. I hope they enjoy their day in Leinster House. I welcome the Minister back to the House on this very important motion, which I am very happy to support on behalf of the Fianna Fáil grouping. It is vitally important we have the maximum co-operation with our nearest neighbour, the UK, in our fight against crime. Fortunately, relationships between our Government and the UK Government seem to be on a much better footing than when the Brexit vote took place, which is a positive. There is no need for me to elaborate any further. The co-operation is vital. The fight against crime is a common fight we share and in order to tackle that we need maximum co-operation between both jurisdictions. I am wondering whether this is an annual thing we have to come back each year to keep going or whether it is open-ended.

Gareth Scahill (Fine Gael)
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The Minister is welcome once again to the Chamber. As my colleague has said, any motion or arrangement that can promote and enhance the relationship between the police in both jurisdictions must be welcomed. We share the Border and the ferry ports and we must support anything that can enhance the respective police forces' ability to do their jobs. I also note the window for this is 30 April, which is next week, so it is important we deliver this. I am fully supportive of it.

Pauline Tully (Sinn Fein)
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Sinn Féin will not be opposing this motion but there is a serious need for safeguards to be established on how the relevant data is stored and used. The proposal involves the transfer of personal data, including names, addresses and vehicle details, from the national vehicle and driver file to British authorities so the Minister must, as the Minister for justice, assure the Oireachtas robust safeguards are in place to ensure this data is not misused, retained longer than necessary or shared with third parties. Given Britain is now a third party under EU law standards of protection must be equivalent to EU GDPR. The proven framework agreed by EU countries in 2008 was intended for serious criminal offences not routine or low-level enforcement so it is important this data is used strictly for preventing and investigating serious crime, as originally intended. We must ensure data-sharing arrangements do not contribute to the kind of surveillance most people would reject.

Separately from an EU framework, we have to recognise we have policing and specifically road traffic policing challenges on the island of Ireland as a result of partition. This particularly impacts Border counties, one of which - County Cavan - I am from. While the Border remains it will unfortunately be used to evade prosecution for road traffic offences so while it is important there is maximum co-operation between North and South in addressing these challenges, the truth is the best solution, as in so many other areas, is Irish unity. It is also worth remembering Protocol 21 attached to the Lisbon treaty protects the right of the Irish people to make decisions in the areas of freedom, justice and security. This is a crucial protection for Irish interests and the Government should be wary of conceding sovereignty on this issue. A slow but steady handing over of sovereignty to the EU undermines democracy and our ability as a country to act in the best interests of the Irish people. Unless there is a compelling reason to the contrary, such as the benefits to crime prevention from sharing information as in this case, Ireland should be making our own decisions on issues in the area of freedom, security and justice.

Mark Daly (Fianna Fail)
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I call the Aire to conclude.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Gabhaim buíochas leis an gCathaoirleach. I thank Senators Gallagher, Scahill and Tully for their contributions. I very much welcome that there is unanimity in the House on agreeing to opt in to this very sensible proposal.

A number of issues were raised. Senator Gallagher asked if this would be an annual opt-in. It will not be. Once we opt in that will be the objective achieved and we will be able to exchange vehicle registration data with the United Kingdom from the date of opt-in onwards. Senator Scahill made the sensible point there is a tight timeline here. When we are opting in under Article 3 we have a three-month timeline so we need to move promptly. There are obviously differences between opting in under Article 3 and opting in under Article 4. That is a debate I have had before in the Houses. In this instance it is very much merited that we do an Article 3 opt-in. As for what Senator Tully said, obviously the data can only be exchanged for the purpose of the underlying agreement and not for other purposes. It is important we have this ability to access this data for the purpose of investigating criminal activity. This is not surveillance. There is no benefit in having vehicle registration data from the point of view of An Garda Síochána other than for the purpose of investigating criminal behaviour. Senator Tully mentioned Protocol 21 and the provisions that we made the decision to opt out on in the Lisbon treaty in the areas of justice, security and policing co-operation. We made that decision but we also decided that where it suited our interests we would be able to opt in to provisions we wanted to be part of and that is what we are doing here. We should not have a blanket approach and say we will not opt in to any or we will opt in to all. We need to measure them individually and if they are of assistance and benefit to the people the Government will put forward the proposal and I am sure Members of the Oireachtas will decide on the basis of what they think is in the best interests of the people. Fortunately, in this instance everyone is agreeable this is an opt-in that should proceed.

Mark Daly (Fianna Fail)
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When is it proposed to sit again?

Robbie Gallagher (Fianna Fail)
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At 2.30 p.m. next Tuesday.

Mark Daly (Fianna Fail)
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Is that agreed? Agreed.