The Minister, Deputy O'Callaghan, and his officials are very welcome to the House.

We are debating motions regarding approval by Seanad Éireann of the proposal for a Council decision on the conclusion of the agreement between the European Union and the Republic of Korea on the transfer of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime; and approval by Seanad Éireann of a proposal for a Council decision on the signing on behalf of the European Union of the agreement between the European Union and the Republic of Korea on the transfer of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.

We will speak on both together and the two decisions will be taken separately. We are taking Nos. 3 and 4 on the Order Paper.

I move:

That Seanad 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 conclusion of the Agreement between the European Union and the Republic of Korea on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime,

a copy of which was laid before Seanad Éireann on 24th August, 2026.”

I thank the Leas-Chathaoirleach very much. I am very pleased to be back in the Seanad. I hope Senators had a good and well-deserved break. I am pleased to be back here working with them again.

I am seeking the approval of Seanad Éireann to opt in, as the Leas-Chathaoirleach said, to two proposals for Council decisions to sign and conclude an agreement between the European Union and the Republic of Korea, which is known to most of us as South Korea. That is an agreement on the transfer of passenger name record data or PNR data, as it is sometimes called.

The proposals have two main aims, first, relating to the necessity of ensuring public security by means of exchanging PNR data between the European Union and the Republic of Korea and, second, in relation to the protection of privacy and other fundamental rights and freedom of individuals. The proposed Council decisions have a Title V legal basis in the area of police co-operation. Their publication on 24 July 2026 started the three-month window for Ireland to exercise an Article 3 opt-in under Protocol 21, which is annexed to the Lisbon Treaty. That window will end on 24 October 2026 and that is why these motions are being brought before this House and the Lower House this week.

The collection and analysis of PNR data is a widely used law enforcement tool in the European Union and in other countries for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. PNR data is the booking information provided by passengers and collected by air carriers for their own commercial purposes, such as names, dates of travel or travel itineraries. The collection and analysis of PNR data can provide the authorities with important elements, allowing them to detect suspicious travel patterns and identify associates of criminals and terrorists, particularly those previously unknown to law enforcement authorities.

The use of PNR data is governed by the EU PNR directive, which was transposed into national law in Ireland by the European Union (Passenger Name Record Data) Regulations 2018. The Irish passenger information unit within my Department is the body responsible for processing PNR data in Ireland. No legal or practical impediment has been identified by the Attorney General's office precluding Ireland from opting in to these proposals. Senators will recall that the Oireachtas gave approval to an Article 3 opt-in to the negotiation of this agreement in November of last year. Today, I am simply asking Senators to approve Ireland’s participation in the final negotiated agreement once it enters into operation. In the past, we in Ireland have consistently opted in to similar European Union PNR agreements with other third countries, such as Canada, Australia, the United States and the United Kingdom. We have also entered into similar PNR agreements with the Schengen-associated countries of Norway, Iceland and, most recently, Switzerland.

In operational and policy terms, it is considered desirable that Ireland exercises an Article 3 opt-in to these proposals. They are appropriate and would be beneficial to Ireland for the purpose of investigating serious criminal activity. I commend these proposals to the House to consider the exercise of Ireland’s right to opt-in under Article 3 of Protocol 21. I am seeking the approval of Senators for this motion so that Ireland can participate in these Council decisions to sign and conclude the agreement between the European Union and the Republic of Korea.

The Minister is welcome back to the House to discuss these motions. On behalf of the Fianna Fáil group, I am happy to support the motions as outlined by the Minister is his contribution. Co-operation between states is vitally important in our fight against crime. It is a common enemy for us all. I firmly believe that the more co-operation we have, ultimately, the safer our citizens will be. There are two aspects to this, as the Minister outlined, between the EU and South Korea in relation to the exchange of data, which is vitally important. Again, the Minister confirmed that the data is protected fully in relation to that. I am happy to support the motion as outlined by the Minister. I have no further comments to make in relation to this.

On behalf of the Fine Gael group, I also welcome today's proposal as articulated by Senator Gallagher. International co-operation in the area of crime prevention is of crucial importance and is becoming increasingly important given the international transnational nature of crime in the modern world in which we live. The fact that the Republic of Korea has protocols in place that are similar to the general data protection regulation, GDPR, guidelines with which we would be familiar in relation to the retention and use of sensitive data is a huge plus. Co-operation in this regard can only be positive and I welcome the proposal to participate.

Cuirim fáilte roimh an Aire. On behalf of Sinn Féin, we will also be supporting the motion concerning this proposition that is in front of us today. The purpose of sharing this information is an important one. As the Minister said, it does assist in the prevention and prosecution of serious crime. We know that serious and organised crime does not stop at national borders and drug trafficking, human trafficking and other forms of organised crime activity operate internationally. Effective international co-operation between law enforcement authorities is therefore essential and the appropriate sharing of passenger information can play an important role in that co-operation.

We have previously supported Ireland participating in PNR agreements between the European Union and a number of other states. We also supported Ireland opting in to the negotiations for this agreement with Korea when that matter came in front of the Oireachtas in November 2025. For that reason, we are supporting the motion. However, our support comes with some important caveats that need to be put on the record. First, sharing of passenger information must always be balanced against fundamental rights and freedoms of individuals and where personal information is being collected, retained and shared internationally, there must be strong safeguards. The holding and use of this data must be necessary, proportionate and subject to strict limitations. Second, we need to be careful about an increasing tendency towards Ireland opting into measures under Article 3 of Protocol 21. Protocol 21 gives Ireland important protections in the areas of freedom, security and justice and allows Ireland to make decisions on participation based on our own national interests. While an Article 3 opt-in may be appropriate in this particular case, that should not automatically become the approach taken to every proposal.

Article 4 remains available to Ireland and, therefore, there may be circumstances where it is more appropriate to wait until the final shape of a proposal is known before deciding whether participation is in Ireland’s interests. Ireland’s national interests must remain central to those decisions.

Finally, there is a practical issue that deserves further consideration. Ireland is an island nation, and a considerable number of people enter and leave the State by ferry as well as air. The PNR data is considered an important tool in preventing and investigating terrorism, drug trafficking, human trafficking and other serious crimes. There is an obvious question as to why similar provisions do not apply to ferry passengers. We should ensure that we are not creating an obvious gap where somebody who seeks to avoid the PNR system can simply choose to travel by ferry rather than by air.

We will be supporting the motion. International co-operation and appropriate information sharing are important tools in tackling serious organised crime, but that co-operation must always be accompanied by strong safeguards for privacy and fundamental rights. Ireland must retain the ability provided under Protocol 21 to make decisions based on our own national interests.

I thank Senators Gallagher, Kelleher and Murphy for their support and, indeed, the support of their parties. I am pleased to see that there is broad agreement across the House that this PNR data regime is important for the purpose of investigating serious crime and terrorist activity. One of the things that is most notable about crime in the past decade or 20 years is that it has become an extraordinarily international business. It is an activity that knows no jurisdiction or no boundaries. People who want to commit serious criminal activity do so by seeking to undermine the borders and the rules we have in different jurisdictions. It is very important that, as a country and as part of the European Union, we put in place measures that enable co-operation not just between countries within the European Union, but also on a broader scale so that we can combat collectively the attempts of serious criminals to get involved in and effect serious criminal activity.

I note the caveats that Senator Murphy has set out. Obviously, it is important that while we are sharing information, we also protect fundamental rights. I believe that is provided for in the PNR agreements. It is also the case that I will not recommend that we opt in to a Protocol 21 proposal unless I think it is in Ireland’s best interest. I think we are all agreed here that this is in Ireland’s best interest. If there is a proposal that comes under Protocol 21 that I do not believe is in Ireland’s best interest, I will not opt in to it, and that has happened in the past.

In terms of how Ireland’s interest is represented, it is through democracy - it is through the Members of this House and Dáil Éireann. They decide whether Ireland should opt in to Protocol 21 opt-ins. That is the democratic protection we have as a result of the Protocol 21 procedure that is available under the Lisbon treaty.

I again thank Senators and colleagues for their contributions. I very much appreciate their support.

I move:

That Seanad 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 signing of the Agreement between the European Union and the Republic of Korea on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime,

a copy of which was laid before Seanad Éireann on 24th August, 2026.

When is it proposed to sit again?

At 10.30 a.m tomorrow morning.

Is that agreed? Agreed.