Dáil Éireann díospóireacht -
Tuesday, 28 Mar 2023

Vol. 1036 No. 1

European Council Decision: Motion

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science (Deputy Niall Collins)

I move:

That Dáil 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 in the Specialised Committee on Law Enforcement and Judicial Cooperation established by 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, regarding the establishment of a standard form for requests for mutual assistance referred to in Article 635(1) of that Agreement,

a copy of which was laid before Dáil Éireann on 1st March, 2023.

I am speaking today on behalf of the Minister for Justice on a motion referring to a draft proposal by the Council of the European Union to establish a standard form for handling mutual legal assistance requests under the EU-UK Trade and Cooperation Agreement, TCA. The TCA facilitates the application between member states and the United Kingdom of the European Convention on Mutual Assistance in Criminal Matters 1959, the additional protocol adopted in 1978 and the second additional protocol from 2001. However, the TCA does not provide for any form for requests for mutual assistance in criminal matters but instead mandates the Specialised Committee on Law Enforcement and Judicial Cooperation, a committee which is responsible for monitoring the implementation and functioning of the law enforcement and judicial co-operation part of the TCA, to establish such a standard form. Once adopted, all requests for mutual assistance will have to be made using the standard form.

The exchange of this information is to assist in the prevention, detection, investigation and prosecution of terrorist offences and serious crime. The exchange of this information is an essential tool for law enforcement, including countering terrorist threats across the EU and, of course, is of particular value to law enforcement co-operation between Ireland and the UK.

Deputies will be aware that if Ireland wishes to take part in an EU measure with a legal basis that falls under Title V of the Treaty on the Functioning of the European Union, TFEU, Oireachtas approval under Article 29.4.7° of the Constitution is required. The Council intends to adopt this measure as soon as possible. Therefore, it is necessary to secure Oireachtas approval as a matter of urgency and, in light of this, I ask Deputies to pass this motion without a vote.

By way of background, mutual assistance consists of a variety of mechanisms whereby assistance in relation to criminal investigations or proceedings may be provided by one state to another. This international co-operation is particularly important given the transnational nature of criminal activity such as cybercrime. Such co-operation often involves obtaining and providing evidence for use in criminal investigations or proceedings in another jurisdiction.

Ireland is a party to a number of multilateral conventions and bilateral treaties in the area of criminal justice co-operation. The international instruments relating to mutual assistance include the Council of Europe Convention on Mutual Assistance in Criminal Matters. Post Brexit, co-operation with the UK in the area of mutual assistance essentially operates under the relevant provisions of Part 3 of the TCA, which deals with law enforcement and judicial co-operation in criminal matters. The Irish central authority for mutual assistance, a division within the Department of Justice, provides a co-ordinating function in relation to incoming and outgoing requests for mutual assistance. I am advised that the Irish central authority is currently experiencing no particular obstacles or difficulties in the context of mutual assistance with the UK.

This proposal sees the establishment of a new, standardised form which will be used for mutual assistance requests between the UK and EU member states under the TCA, as envisaged under Article 635 of the TCA. This proposal for a Council decision, COM (2023) 56, was published on 6 February 2023. Ireland and the other EU member states were consulted when the form was being developed. Requests can currently be made in varying formats. The proposed new form will standardise the manner in which mutual assistance requests are made between the UK and Ireland and between the UK and other EU member states. The Irish central authority is satisfied with the proposed new standardised form, which should serve to facilitate more streamlined and structured mutual assistance requests and consequently assist in the processing and execution of such requests.

I assure Deputies that the measure is purely technical in nature and does not introduce or amend any policy matters. It simply provides for a standard form to facilitate requests for mutual legal assistance. The Government sincerely regrets the lack of time given to the Houses of the Oireachtas to consider this matter. I trust that Deputies understand the urgency and necessity of this motion passing today.

As mentioned earlier, the proposal presented by the Commission uses the legal bases of Article 82(1), making this a measure under Title V of the TFEU. Thus, Protocol 21 applies and Oireachtas approval under Article 29.4.7° of the Constitution is required for Ireland to opt into the measure. The views of the Office of the Attorney General were sought and the legal advice received has confirmed that Oireachtas approval under Article 29.4.7° of the Constitution is required.

I emphasise that the effective implementation of the EU-UK Trade and Cooperation Agreement is an EU priority and Ireland will play its full part in that. Ireland’s role in the EU has changed in recent times and will continue to evolve in the coming years. Full implementation of the TCA is necessary for us not only to play our part as an EU member state but also to ensure our post-Brexit relationship with the UK continues to grow and develop. Part of this relationship is ensuring the safety and security of our citizens is protected, and this measure is necessary to do that. I trust the House can support the exercise of Ireland’s opt-in in respect of this measure. Streamlining the process for requesting mutual legal assistance with the UK is something which is entirely within Ireland’s strategic interest.

I thank Deputies for their consideration of this important matter.

Deputy Pa Daly

I am standing in for Deputy Martin Kenny. We will be allowing this motion to pass, but after the time I have spent in this House, there is a certain sense of déjà vu about it, given the number of motions in the area of security and justice. Of course, this is a consequence of the Brexit policy, where the tactics have been to delay and delay, even when it is just the inevitable that is being delayed. The institutions in the North have suffered, politics on this island has suffered and ordinary people, North and South, have suffered, and I am sure the Government representatives will not disagree. The irony, of course, is that the UK is one of the biggest users of the various databases and procedures open to it under EU judicial co-operation, and owing to its large size, large population and other factors, its police and security agencies rely on this information. In the area of immigration, there seem to be no lengths to which it will not go while crime and wrongdoing inside its borders have become more of a problem.

We ourselves are also faced with a huge problem due to Brexit and the lack of final status agreement in many areas. Criminal networks now operate on a transnational basis and the need for co-operation between North and South, as well as east and west, is paramount. Throughout Brexit, the Garda and the PSNI have continued to work well together despite challenges. I commend both bodies on this and note there have been a number of reforms recently in regard to accountability and civilian control within the Twenty-six Counties, so the police services are becoming more aligned and that may continue.

In terms of the detail of what is required, the proposal refers to Article 3 of Protocol 21 of the annex to the Treaty on the Functioning of the European Union, TFEU. The protocol governs the participation of Ireland and the UK in measures relating to freedom, justice and security. Scrutiny over EU measures is an important part of the democratic process, especially in this area. Given some EU members are adopting worrying positions in respect of minority rights and judicial independence, we cannot always be certain this is an area where we will always agree with our EU colleagues, and definitely not with the Israeli Government.

Notwithstanding this, mutual co-operation is still important and consists of a variety of mechanisms whereby assistance in regard to criminal investigations or proceedings may be provided by one state to another. It is worth consulting the wording of the trade and co-operation agreement, TCA. Article 365 of the TCA provides for three things, namely, that the Specialised Committee on Law Enforcement and Judicial Cooperation shall undertake that requests of mutual assistance will be made using a standard form and that the committee may amend the standard form as may be necessary. Legal and operational certainty is important and the form will assist with this.

I do not pretend to be au fait with the details of how requests were made previously but it does not seem satisfactory that they could made in different formats. Standardisation seems to be positive. We agree that the motion should pass.

While we are dealing with protocols, I welcome reports in the media last week that An Garda Síochána has agreed new protocols in respect of evictions. This should avoid mistakes made previously whereby some local gardaí were very uncomfortable playing a role in evicting tenants. The changes the Commissioner mentioned last week seem to be a step in the right direction.

An Leas-Cheann Comhairle

I am going to take literally 60 seconds because one or two speakers had indicated that they really wanted to speak. I will go to the Minister of State if those speakers do not come in. I will also point out that we are coming to Sinn Féin's Private Members' business very shortly. It will start earlier. With the Minister of State's co-operation, I will allow a few more seconds before asking him to round up on this motion. I will not call the names out.

I will now call on the Minister of State. I am sorry; we have one speaker left. In fairness to the speaker, other people dropped out and it is very difficult for Deputies at the end of the list to be here.

Deputy Niall Collins

That is okay. It is no problem.

Deputy Michael Collins

I thank the Leas-Cheann Comhairle very much. This proposal concerns the decision establishing the position to be taken on behalf of the European Union in the Specialised Committee on Law Enforcement and Judicial Cooperation in connection with Article 635 of the trade and co-operation agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom, of the other part. Article 3 of the proposal for a Council decision regarding the establishment of a standard form for the requests for mutual assistance referred to in Article 635 of the Union Customs Code, UCC, sets out the scope of the standard form. The standard form aims to simplify and streamline the process of requesting mutual assistance from the customs authorities-----

An Leas-Cheann Comhairle

We will give the Deputy a minute to get his breath.

Deputy Michael Collins

Thank you. I had to run from the office.

An Leas-Cheann Comhairle

I did not mean to rush the Deputy.

Deputy Michael Collins

I will get texts later from people thinking I am on the way out.

An Leas-Cheann Comhairle

The Deputy may take his time.

Deputy Michael Collins

The standard form aims to simplify and streamline the process of requesting mutual assistance from the customs authorities of European Union member states. The form will be used for requesting assistance in various areas, including customs control investigations and the recovery of claims. The use of the standard form is mandatory and it is expected to improve the efficiency and effectiveness of the mutual assistance process. However, it is worth noting that the establishment of a standard form for requests for mutual assistance referred to in Article 635 of the UCC could potentially face implementation challenges, particularly if some EU member states do not fully comply with the use of the standard form. In addition, the standard form may not be suitable for all types of mutual assistance requests, which could lead to some requests being delayed or rejected if they do not fit the standard form's format. However, the standard form is expected to have a positive impact on the mutual assistance process overall by improving its efficiency and effectiveness.

This motion and the proposal would establish a standard form that competent authorities would use when requesting mutual assistance. It will facilitate mutual assistance between competent authorities in the member states, on the one side, and the United Kingdom, on the other side, by indicating all necessary information a request should contain. The form in the annex to this proposal for a Council decision has been drafted jointly by experts from the Union and the United Kingdom, taking into account relevant experience with existing forms, such as the form for a European investigation order, and the views of practitioners from member states, Union bodies, agencies and offices, and the United Kingdom.

The establishment of the standard form in a new annex to the trade and co-operation agreement does not supplement or amend the institutional framework of that agreement. Once adopted, requests for mutual assistance shall be made using the standard form. It follows that the adoption of a Union position in respect of such a decision falls within the scope of Article 218(9) of the Treaty on the Functioning of the European Union, TFEU. The adoption of a standard form for requests for mutual assistance referred to in Article 635(1) of the trade and co-operation agreement pursues objectives and has components in the area of judicial co-operation. It would facilitate co-operation between judicial or equivalent authorities in a member state, on the one hand, and in the United Kingdom, on the other hand, in respect of proceedings in criminal matters.

I thank the Leas-Cheann Comhairle and appreciate her understanding.

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science (Deputy Niall Collins)

I thank the two Deputies for their contributions. As I mentioned in my opening remarks, this measure is essential to ensure the continued close law enforcement co-operation between the EU and the United Kingdom. It is vital we meet the highest standards possible when it comes to dealing with mutual legal assistance requests between EU member states and the UK. This proposal will see the establishment of a new standardised form to be used for such mutual assistance requests. The new form will standardise the manner in which mutual assistance requests are made between the UK and Ireland and between the UK and other member states. The use of this new standardised form should serve to facilitate more streamlined and structured mutual assistance requests and consequently assist in the processing and execution of such requests. I commend the motion to the House. On behalf of the Minister for Justice, I once again thank all of the Deputies who have contributed to his debate.

Question put and agreed to.