Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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40. To ask the Tánaiste and Minister for Justice and Equality when he plans to seek approval to take the necessary measures to seek approval from Dáil Éireann to opt into EU Directive COM/2018/226 and regulation COM/2018/225 relating to e-evidence; and if he will make a statement on the matter. [29635/18]

Charles Flanagan (Laois, Fine Gael)
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I wish to advise the Deputy that the Government is currently considering the matter of opting into the Regulation in question.

The question of opting into the Directive does not arise due to its legal bases (Articles 53 and 62 TFEU) which differs from that of the Regulation (Article 82(1) TFEU). The Directive is binding on all Member States and Ireland cannot avail of an opt in/opt out process where the Directive is concerned.

Opting into the Regulation will, of course, require the approval of the Oireachtas in accordance with Article 29.4.7 of the Constitution and, subject to the approval of the Government, I will immediately take the necessary steps in that regard.