Carol Nolan (Laois-Offaly, Independent)
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1119.To ask the Tánaiste and Minister for Justice and Equality if, following the meeting on 30 January 2024, Ireland submitted comments and or drafting suggestions concerning Articles 1-6 of the Working Party on Cooperation in Criminal Matters (COPEN) discussion on the Proposal for a Directive of the European Parliament and of the Council laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA; and if she will make a statement on the matter.[34836/24]

Helen McEntee (Meath East, Fine Gael)
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I can inform the Deputy that I remain committed to strengthening efforts to counter and prevent migrant smuggling and, separately, trafficking in human beings. What begins as smuggling may become a trafficking situation when a person who has been smuggled is then subjected to exploitation through force, coercion, deception, etc., during or after the smuggling event. Criminals involved in smuggling or trafficking networks disrespect human life and dignity, taking advantage of vulnerability - all in pursuit of profit.

The Garda National Immigration Bureau has carried out successful investigations relating to illegal immigration and people smuggling. The Bureau remains fully committed to identifying the modus operandi of smugglers, and their travel routes as well as dismantling the Organised Crime Gangs involved in the smuggling of people and supply of fraudulent documents.

I launched the Third National Action plan to Combat Human Trafficking in November 2023, which aims to work towards ending human trafficking in the State as a key element of building stronger, safer communities. I have also brought forward a revised National Referral Mechanism, which was signed into law in July and will provide for a more streamlined response to the identification of victims of trafficking. This will enable the relevant authorities to gather more information and evidence in order to bring to justice the traffickers who prey on vulnerable people with no regard for their lives and safety.

As the Deputy will be aware, in November 2023, the European Commission put forward a proposal for a Directive to establish minimum rules to prevent migrant smuggling, which updates and modernises the existing EU criminal law rules of the ‘Facilitator’s Package’, consisting of Directive 2002/90/EC, establishing a common definition of the offence of facilitation of unauthorised entry, transit, and residence, and Framework Decision 2002/946/JHA on the strengthening of the penal framework to prevent the facilitation of these offences.

Objectives of the proposal include to: effectively prosecute organised criminal networks; harmonise penalties reflecting the seriousness of the offence; improve jurisdictional reach; reinforce Member States’ resourcing and capacities and improve data collection and reporting.

Discussions on the proposal in the Council began in January at the Working Party on Judicial Cooperation in Criminal Matters (COPEN). Officials from my Department have attended all six meetings on this Directive thus far, with the next due to take place this month after the summer recess.

Throughout the course of these deliberations on the proposed directive, my officials have put forward Ireland’s position at the meetings of the working party and provided written comments to the Presidency. Such representations are routine in seeking to ensure that the Directive is fit for purpose from an Irish perspective and that it respects the Irish Constitutional, operational and policy landscape.

My Department will continue to actively shape the draft at future COPEN working party meetings to ensure a final text incorporates Ireland’s views and that it is ultimately effective in its aim to prevent and counter migrant smuggling.