Dáil Éireann Debate, Wednesday - 4 February 2026
826. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration to list the measures under protocol 21 of the Treaty on the Functioning of the European Union, which Ireland opted out of in each year since the introduction of the protocol, to date in 2026, in tabular form; and if he will make a statement on the matter. [8237/26]
View answer827. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration following the review of protocol 21 of the Treaty on the Functioning of the European Union published in 2025, to list the measures which Ireland previously opted out of where opting in is now under consideration, in tabular form; and if he will make a statement on the matter. [8238/26]
View answerI propose to take Questions Nos. 826 and 827 together.
Protocol 21 provides that “Ireland shall not take part in the adoption by the Council of proposed measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union.” As such, Ireland does not, as a rule, participate in the majority of Justice and Home Affairs related measures, unless we notify of our wish to opt-in.
At the time of the negotiation of Protocol 21, Ireland made a Declaration (Declaration No. 56) which stated that we would participate to the maximum possible extent in JHA measures, and particularly in the field of police cooperation. In line with this commitment, our participation in measures which are subject to Protocol 21 is kept under constant review, in particular where an opt in under Article 3 was not previously utilised.
The list of measures Ireland has opted-in pursuant to Protocol 21, as well as the list of measures that automatically apply to Ireland by virtue of our participation in certain elements of the Schengen acquis (i.e. in accordance with Council Decision 2002/192/EC) is available at the following link -https://assets.gov.ie/static/documents/09fe3ad4/EU_Justice_and_Home_Affairs_Measures_Subject_to_Protocol_21_in_which_Ireland_did_Opt-in.pdf.
In May 2025 I published the findings of a Review of the operation of Protocol 21, which is available at the following link - www.gov.ie/en/department-of-justice-home-affairs-and-migration/publications/review-of-irelands-protocol-on-the-area-of-freedom-security-and-justice-2024/.
The review was undertaken by my Department and informed by detailed statistical analysis of relevant legislation, internal and external consultations, and by a targeted consultation process with a range of key stakeholders. Appendix D of the review contained a list of significant JHA measures that Ireland had not yet opted in to. That list incorporates major EU legal instruments (Regulations and Directives) and International Agreements, but does not include Decisions and Implementing Regulations. As part of the continued oversight of the operation of Protocol 21, officials in my Department are reviewing this list with a view to updating it as required, and when this body of work is completed, the updated list will be published on gov.ie.
In the interim, I can advise the Deputy that among the measures Ireland has opted into since Appendix D to the Protocol 21 Review was drafted include:
• Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU
• Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013
• Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 2024 establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147
• Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection
• Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council
• Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 2024 addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147
• Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council
All Protocol 21 opt-ins are of course subject to the approval of both houses of the Oireachtas, following a Government decision to seek their approval, and I can advise the Deputy that officials within my Department are currently working towards seeking approval to opt in under Article 4 of Protocol 21 to the following measures:
• Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 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 (recast)
• Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO)
• Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters
• Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration
• Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726
• Council Decision (EU) 2023/1076 of 1 June 2023 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement
• Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA.
