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Statutory Instruments

Dáil Éireann Debate, Tuesday - 26 May 2026

Tuesday, 26 May 2026

Questions (431, 443, 444, 445, 446)

Carol Nolan

Question:

431. Deputy Carol Nolan asked the Tánaiste and Minister for Finance the role his Department plays in enforcing or monitoring compliance with SI No. 149 of 2026 on restrictive measures concerning ISIL (Da’esh) and Al-Qaeda; the number of investigations or prosecutions initiated in this regard in recent years; and if he will make a statement on the matter. [39028/26]

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Carol Nolan

Question:

443. Deputy Carol Nolan asked the Tánaiste and Minister for Finance the reason for the revocation of SI No. 131 of 2026 and the making of SI No. 149 of 2026 in relation to restrictive measures concerning ISIL (Da’esh) and Al-Queda; the number of additional persons or entities added or removed from the list since the previous regulations; and if he will make a statement on the matter. [39026/26]

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Carol Nolan

Question:

444. Deputy Carol Nolan asked the Tánaiste and Minister for Finance if any Irish banks or entities have reported breaches or frozen assets under the restrictive measures in SI No. 149 of 2026 in the past 12 months; the total value of any such assets; and if he will make a statement on the matter. [39027/26]

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Carol Nolan

Question:

445. Deputy Carol Nolan asked the Tánaiste and Minister for Finance the process by which Irish authorities are notified of updates to the list of persons and entities associated with ISIL (Da’esh) and Al-Qaeda under the regulations in SI No. 149 of 2026; and if he will make a statement on the matter. [39029/26]

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Carol Nolan

Question:

446. Deputy Carol Nolan asked the Tánaiste and Minister for Finance the total number of statutory instruments made under section 42 of the Criminal Justice (Terrorist Offences) Act 2005 since 2020 in respect of ISIL (Da’esh) and Al-Qaeda measures; and if he will make a statement on the matter. [39030/26]

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Written answers

I propose to take Questions Nos. 431, 443, 444, 445 and 446 together.

I wish to advise the Deputy that restrictive measures, or sanctions as they are generally referred, are a tool of the EU's Common Foreign and Security Policy. Ireland implements EU sanctions, and UN sanctions via EU sanctions. EU sanctions have direct effect in all Member States of the EU, and they are legally binding on all natural and legal persons in Ireland. As such, a natural or legal person (for example, a company) who contravenes a provision of an EU sanctions regulation would be guilty of an offence and liable to prosecution. While EU Regulations have direct effect, each Member State is required to create offences and lay down penalties applicable to infringements of the EU Regulations in domestic law. My Department plays an important role in relation to sanctions policy, and it, alongside the Department of Enterprise, Tourism and Employment, is responsible for preparing the requisite Statutory Instruments to establish these offences and give effect to the penalties, and these Statutory Instruments are laid before the Oireachtas.

In respect of the sanction regime that the Deputy has asked a number of questions on, I would note that this regime has been in place for some time and that the list of persons, groups and entities to whom the freezing of funds and economic resources should apply under the ISIL (Da’esh) and Al-Qaida regime is updated by the United Nations Security Council’s Sanctions Committee. In March 2026, it added one entry to the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. As the Deputy will be aware, the EU implements these UN listings and it introduced Commission Implementing Regulation (EU) 2026/830 on 7 April 2026. This Commission Regulation amended for the 356th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations.

The Deputy will note that since 2020, a total of 39 Statutory Instruments have been made by my Department under Section 42 of the Criminal Justice (Terrorist Offences) Act 2005 in respect of ISIL (Da’esh) and Al-Qaida measures. With respect to SI 149 of 2026 in particular, this SI was made to create offences and lay down penalties applicable to infringements of Commission Implementing Regulation (EU) 2026/830 of 7 April 2026. SI 131 of 2026 was revoked because it is standard practice to revoke the previous SI when an amendment is made to the relevant EU Regulations.

Ireland has three competent authorities for all sanctions: the Department of Foreign Affairs and Trade, the Department of Enterprise, Tourism and Employment, and the Central Bank of Ireland. The Central Bank of Ireland is responsible for the administration and enforcement of financial sanctions. It has advised my officials that it has not received any reported breaches or frozen assets under the restrictive measures in SI 149 of 2026 in the past 12 months. It notes that there is a legal obligation to comply with EU Council Regulations relating to financial sanctions as soon as they are adopted. In this regard, it is necessary to monitor the EU Financial Sanctions lists, which are maintained by the European Commission and updated whenever necessary, to reflect the officially adopted texts published in the Official Journal of the EU.

Once a person, entity or body has been listed under an EU restrictive measure regime, they are known as a “Designated Person”. On listing, there is a legal obligation not to transfer funds or make funds or economic resources available, directly or indirectly, to that Designated Person. Accounts, funds or other assets belonging to a Designated Person should be frozen without delay, so that they cannot be made available, directly or indirectly, to that Designated Person. Firms must ensure that they are compliant with financial sanctions at all times. This includes carrying out ongoing monitoring of transactions and customers.

Finally, with respect to the number of investigations or prosecutions initiated in recent years, my Department does not routinely collect such information, however to be of assistance to the Deputy, my officials have requested this information from An Garda Síochána and will transmit it to the Deputy once available.

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