I am grateful to the members of the joint committee for the opportunity to brief them on the matters that have been tabled for discussion at the EU Justice and Home Affairs Council which will take place in Luxembourg on Monday of next week. I will attend the Council on behalf of the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern. I will focus my discussion this afternoon on the main items of importance for Ireland on the Council agenda and will provide some brief background on each of them. In addition, I will indicate Ireland's position on the relevant points. As an additional information resource, I draw the committee's attention to the briefing material on the JHA Council agenda items which was provided for members of the committee last Thursday, 26 March.
By way of introduction, I can summarise that it is not anticipated that the agenda items will create any significant difficulties for Ireland. With regard to format, the Council will be divided into three sessions. These sessions will deal respectively with interior or home affairs matters, asylum and immigration and judicial co-operation items.
The Council will begin at 10 a.m. on Monday with the justice matters. The first item of substance on the agenda is a draft Council framework decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings. This is a priority for the Czech Presidency and it will seek progress on this proposal. The aim of the draft framework decision is to reduce the possibility of conflicts of jurisdiction in criminal matters where the facts of a case fall within the jurisdiction of two or more member states. Ireland supports the proposals in the framework decision.
The new measures are to be tabled and presented by the Commission. The first of these is a proposal for the amendment of the 2004 Council framework decision on combating the sexual exploitation of children and child pornography. This is a new proposal which aims to strengthen the EU legal framework addressing the prosecution of offenders, protection of victims and prevention of offences. It is expected that Vice President Barrot will present the Commission's new proposal at the Council meeting. While we will obviously have to examine it in detail, Ireland hopes to support this proposal.
The second new proposal from the Commission is a proposal for amendment of the 2002 Council framework decision on combating trafficking in human beings. Vice President Barrot is expected to present details of this new proposal to the Council. It is understood that the new framework decision will include provisions on jurisdiction, victims' rights in criminal proceedings, victim support and prevention and monitoring. Ireland welcomes any proposal to strengthen measures to counter trafficking in human beings.
There was to have been a third new measure from the Commission, a proposal for a regulation of the European Parliament and of the Council on the applicable law, jurisdiction, recognition of decisions and administrative measures in the area of successions and wills. However, we understand the item has now been withdrawn from the agenda for this Council meeting.
The Council will be asked to agree on the appointment of a new director of Europol. A selection board, comprising five members of the Europol management board, made a decision on the candidates at its meeting on December 2008. The board has recommended that the Council make the appointment in accordance with the outcome of the selection process. Ireland supports the recommendation of the Europol management board.
Following this there will be a discussion on a proposal for a Council directive on a single application procedure for a single permit for third country nationals to reside and work in the territory of a member state and on a common set of rights for third country workers legally residing in a member state. This proposal has been under discussion at various Council working groups since January 2008 but it has not been possible to reach agreement to date. The core issue in contention is the scope of the proposal, more specifically the categories of third country national worker to whom a common set of rights would apply. Ireland has not exercised its option to opt into this proposal within the three month period following publication. We will, however, have the option, subject to Oireachtas approval, to participate in the directive post adoption.
The next item will be a presentation by the Chairman of the European security research and innovation forum of its final report. It was established by European member states in September 2007 under the recommendation of its predecessor, the European security research advisory board. This is purely an information point.
The Council will also discuss a proposal to authorise Europol to enter into negotiations with the Russian Federation with a view to concluding an operational co-operation agreement. The Presidency is seeking political guidance on how to proceed with the opening of negotiations for an operational agreement between Europol and the Russian Federation. Europol has a strong operational interest in concluding such a co-operation agreement with Russia. Ireland supports the proposal, subject to appropriate data protection measures being determined.
The final point on the Council agenda falls under the category of any other business. This will be a list of information points and status updates which will be presented to the Council by the Commission and member states. Topics under this section include information on ongoing negotiations for a proposed free trade agreement between the European Community and Korea, the state of play of ratifications for an EU-US extradition and mutual legal assistance agreement, an update on funding available for the expansion of the e-justice on-line portal and information on a recent visit made by Vice-President Barrot and the Czech Minister of the Interior and Informatics, Ivan Langer, to the US. These will simply be information updates and, therefore, do not present any difficulties for Ireland.
Following the regular Council formation, the Council will sit in mixed committee formation and discuss a number of specific points in this format. This is a formation of the Council in which the EU member states are joined by the non-EU Schengen states. The first point will be an update from the Presidency on the current state of play regarding the development of the Schengen information system, known as SIS II. It is a system that allows the competent authorities in the member states to obtain information regarding certain categories of persons and property. Ireland has not been a party to this system but hopes to join it under the new SIS II version of the system.
Information will be provided on the Schengen evaluation of Switzerland following the abolition of border control at air borders. The full application of the provisions of the Schengen acquis to the Swiss Confederation commenced in mid-December 2008, with the exception of the air border provisions which came into effect on 29 March 2009. Ireland is pleased to see the admission of Switzerland into the Schengen area.
The Presidency will then inform the Council of progress with the visa information system. Ireland is not taking part in the adoption of the regulation due to our limited participation in Schengen, but it is expected that there will be a mechanism for co-operation which will allow for exchange of information between the visa information system and Ireland's visa system.
The final item will be an information point presented by the Commission and the Czech Minister for the Interior and Informatics following an official visit to the United States on 16 and 17 March. It is expected that they will present an overview of items discussed with the new US Administration.
