Dáil Éireann Debate, Tuesday - 23 June 2026
557. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of instances in each year since the ratification of the Treaty of Lisbon in which the Irish Government opted in to directives or regulations under article 3 of protocol 21, in tabular form; and if he will make a statement on the matter. [47814/26]
View answer558. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of instances in each year since the ratification of the Treaty of Lisbon in which the Irish Government opted in to directives or regulations under article 4 of protocol 21, in tabular form; and if he will make a statement on the matter. [47815/26]
View answer559. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the titles of each EU directive and regulation for each year since the ratification of the Treaty of Lisbon in which the Irish Government opted-in under article 3 of protocol 21, in tabular form; and if he will make a statement on the matter. [47816/26]
View answer560. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the titles of each EU directive and regulation for each year since the ratification of the Treaty of Lisbon in which the Irish Government opted-in under article 4 of protocol 21, in tabular form; and if he will make a statement on the matter. [47817/26]
View answer561. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the titles of each EU directive and regulation for each year since the ratification of the Treaty of Lisbon in which the Irish Government did not opt in to directives or regulations under Protocol 21, in tabular form; and if he will make a statement on the matter. [47818/26]
View answerI propose to take Questions Nos. 557, 558, 559, 560 and 561 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), and which are the responsibility of my Department is available at the following link -
www.gov.ie/en/department-of-justice-home-affairs-and-migration/policy-information/european-affairs/.
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.
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
The following are measures published since June 2024 for which Ireland did not exercise an opt in under Article 3 of Protocol 21:
• Proposal for a Council Regulation (EU) 2024/671 on the issuance of and technical standards for digital travel credentials based on identity cards
• Proposal for a Council Decision (EU) 2025/2307 on the signing, on behalf of the European Union, of the United Nations Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes (EU) 2025/2307
• Proposal for a Regulation (EU) 2025/0059 of the Regulation of the European Parliament and of the Council establishing a common system for the return of third-country nationals staying illegally in the Union, and repealing Directive 2008/115/EC of the European Parliament and the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC
• Proposal for a Regulation (EU) 2025/2082 of the European Parliament and of the Council amending Regulation (EU) 2018/1727 as regards the extension of the timeframe for the establishment of the Eurojust case amending Regulation (EU) 2018/1727 as regards the extension of the timeframe for the establishment of the Eurojust case management system
• Recommendation for a Council Decision (EU) 2026/0152 on the conclusion, on behalf of the European Union, of the Protocol amending the Council of Europe Convention on the prevention of terrorism
• Recommendation for a Council Decision (EU) 2026/1132 on the signing, on behalf of the European Union, of the Protocol amending the Council of Europe Convention on the prevention of terrorism
Information in relation to the number of Article 3 and Article 4 opt-ins by year since the Treaty of Lisbon can be found in the table below.
|
Year |
Number of Article 3 Opt-Ins |
Number of Article 4 Opt-Ins |
|
2009 |
1 |
0 |
|
2010 |
10 |
0 |
|
2011 |
7 |
2 |
|
2012 |
7 |
3 |
|
2013 |
6 |
11 |
|
2014 |
1 |
1 |
|
2015 |
1 |
2 |
|
2016 |
1 |
1 |
|
2017 |
2 |
1 |
|
2018 |
6 |
1 |
|
2019 |
0 |
2 |
|
2020 |
0 |
1 |
|
2021 |
2 |
1 |
|
2022 |
9 |
4 |
|
2023 |
8 |
2 |
|
2024 |
9 |
9 |
|
2025 |
8 |
0 |
|
2026 to date |
3 |
0
|
