Joe McHugh (Donegal North East, Fine Gael)
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Question 83: To ask the Minister for Justice, Equality and Law Reform if there are plans to further enhance the co-operation between the PSNI and An Garda Síochána, allowing both forces to cross the border in pursuit of suspected criminals; if both forces will be legally allowed to arrest persons on the other side of the border; and if he will make a statement on the matter. [27356/07]

Joe McHugh (Donegal North East, Fine Gael)
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Question 95: To ask the Minister for Justice, Equality and Law Reform the protocol in place for Gardaí entering Northern Ireland and for the PSNI entering the Republic of Ireland; and if he will make a statement on the matter. [25108/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 83 and 95 together.

There are no protocols in place to provide for the entry of members of the Garda Síochána, in their capacity as police officers, into Northern Ireland and vice versa or for the purposes of the pursuit of suspected criminals and/or the arrest of persons. Provision for the deployment across international borders of police officers in respect of covert surveillance and the pursuit of suspects is made in the Schengen Agreement, which has been incorporated into European Union law. However, Ireland has exercised its entitlement not to 'opt in' to these Schengen provisions. This was done on the basis that the provisions are neither necessary nor desirable in the context of the Border with Northern Ireland.

There is already excellent police-to-police co-operation between the Garda Síochána and the Police Service of Northern Ireland. This co-operation includes, on occasion, members of the Garda Síochána accompanying PSNI officers in Northern Ireland and PSNI officers accompanying members of An Garda Síochána in this jurisdiction. However, neither An Garda Síochána nor the PSNI exercise police powers in such cases while in the others jurisdiction.