I thank the Seanad for facilitating this motion today. I am here to address the Seanad with respect to Ireland's proposed opt-in to a new EU proposal for a directive on combating firearms trafficking and other firearms-related offences. Ireland has an option to opt in to individual proposals in the area of freedom, security and justice, as provided for in Article 3 of Protocol 21, annexe to the Treaty of the Functioning of the European Union. An Article 3 opt-in must be done within three months of publication. The advantage of Article 3 as opposed to Article 4 is that it gives us an opportunity to be party to and part of the negotiations, whereas Article 4 is an opt-in after it has been adopted, so we cannot have any say in respect of how the legal instrument develops.
Protocol 21 provides that Ireland has three months from the date a proposal is presented to the Council to notify the Presidency of its wish to take part in the negotiation, adoption and application of the measure. The exercise of this opt-in is subject to the approval of both Houses of the Oireachtas, with the three-month period for this proposal ending on 23 June 2026. We have brought this proposal to the Houses for consideration as swiftly as has been possible. Ireland can also accept a proposal at any time after it has been adopted - that is under Article 4 - but in such cases, Ireland will not have been in a position to vote on the final content of the proposal. It must also be noted that Ireland made a declaration appended to the Treaty of Lisbon of its intention to opt in to measures in the area of freedom, security and justice to the maximum extent it deems possible. Opting in to this proposal now represents an important opportunity for Ireland to reiterate our commitment to the importance of tackling illicit firearms, the trafficking of which poses a serious threat to both our own and our European neighbours' security and beyond.
The aim of this proposal is to create a common EU criminal law framework to combat the illicit trafficking, manufacture, possession and distribution of firearms. It has been proposed as a measure to counter the threat posed by organised crime, terrorism and emerging technologies, such as 3D-printed weapons. The European Commission's proposal will introduce common definitions of firearms offences and penalties, support stronger co-operation and improve the collection and use of data.
As we are all aware, illicit firearms pose a serious threat to the safety of all EU citizens. They enable a wide range of serious and organised crimes, including drug trafficking, robbery and gang violence. The issue has intensified due to geopolitical events in geographical proximity to the Union. There is a high risk that the surplus of weapons from ongoing conflicts, such as the one in Ukraine, will leak into illegal markets. An Garda Síochána has discussed this matter with me. It is an issue we have to be constantly vigilant for.
Key challenges that have been identified and which further the facilitation of illicit firearms trafficking include the technological shifts creating the possibility of online dissemination of 3D printing blueprints and the large gap in data and reliable comprehensive statistics making it more challenging for law enforcement and policymakers to assess the scale of this threat. Despite this, firearms trafficking has been consistently identified as a major internal security threat to the EU. As well as the need for harmonisation of criminal standards being highlighted in the 2025 ProtectEU internal security strategy, there are significant differences in how firearms-related crimes are defined and punished across the member states. This lack of harmonisation hinders cross-border co-operation and complicates investigations.
The proposal I am bringing before the Seanad today seeks to target intentional acts involving illicit firearms and does not propose to change existing EU rules on the legal acquisition, possession and cross-border movement of legal firearms. The directive aims to protect EU citizens from the threat of illicit firearms by reducing the number of illegal weapons and related criminal activities. The proposal will harmonise definitions and penalties in respect of criminal offences, including the trafficking, manufacturing and possession of illicit firearms. Under the proposed directive, each member state will be obliged to establish a national firearms focal point to facilitate co-ordination and co-operation between the competent authorities. Harmonised EU-level action will also support broader security goals as firearms crimes are closely linked to terrorism, money laundering, drug trafficking and other types of organised crimes.
In Ireland, we already have robust legislation safeguarding the use of firearms through the Firearms Act 1925, although that Act could probably do with modernisation. However, this directive represents the first firearms trafficking measure at EU level. This legislation will remove the fragmentation that exists across the EU to provide for harmonisation. The views of the Attorney General have been sought on this directive. The advice has confirmed that there are no legal or constitutional obstacles to Ireland opting in to this directive. In light of this, I urge Members of the Seanad to support this proposed opt-in.
