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.
