Written Answers Nos. 555-574
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]
Amharc ar fhreagra558. 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]
Amharc ar fhreagra559. 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]
Amharc ar fhreagra560. 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]
Amharc ar fhreagra561. 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]
Amharc ar fhreagraI 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
|
562. Deputy Ivana Bacik asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Questions No’s. 635, 636, 637, 638, 639 and 640 of 6 May 2026, with respect to the review of 350,000 District Court cases which took place between 2022 and 2023, if his Department collated or maintains data on the reasons for adjournment or the demographics of accused persons in the cases assessed, and the persons' ages, in particular; the methodology used to analyse and weight the reasons for adjournment as part of the review; the proportion of adjournments; the reasons for which, were in whole or in part statutorily required; the reasons for adjournments in the period studied, in tabular form; and if he will make a statement on the matter. [47819/26]
Amharc ar fhreagraAs part of the programme of reform of criminal legal aid, my Department reviewed more than 350,000 District Court cases from 2022 and 2023. It is worth noting that while criminal case volumes in the District Court have decreased, expenditure on criminal legal aid in the District Court has nearly doubled, from €19 million in 2015 to €37 million in 2024.
The review of District Court cases identified specific structural issues in the administration of criminal legal aid, namely:
• Payment per appearance which incentivises additional adjournments
• Multiple certificates granted for related cases increase costs and complexity
• Multiple solicitors assigned in the same firm for related charges
• A highly complex payment processing system creating a significant administrative burden.
The review also found:
• Cases with criminal legal aid take an average of 313 calendar days to complete, compared to 133 days for cases without
• The weighted average appearances for cases with Criminal Legal Aid is 5, while the weighted average appearances without Criminal Legal Aid is just over 3
• While cases with Criminal Legal Aid take significantly longer than those without, the outcomes are similar.
As the Deputy will appreciate, while the findings of the Review have been shared with the professional bodies, the data analysed contains personal information and therefore the Department is not in a position to publish that information.
564. Deputy Malcolm Byrne asked the Minister for Justice, Home Affairs and Migration if any provision is made concerning payments beyond the flat rate proposed for criminal and civil legal aid fees where a case is complex and may require a number of court appearances. [47861/26]
Amharc ar fhreagraThe Government recognises the crucial role played by the legal professions in the effective administration of criminal justice. It is important to note that the Programme for Government contains three commitments in relation to Criminal Legal Aid. The first is to reform the operation of the Criminal Legal Aid Scheme. The second is to restore criminal legal aid fees, and the third is to enact the Criminal Justice (Legal Aid) Bill. It is my intention to fulfil all three commitments.
It is proposed from 1 July 2026 to pay a set fee for representation from the beginning to the end of a case in the District Court, removing the link between payments and the number of appearances, or legal aid certificates granted. This proposal is informed by a review carried out my Department, of 350,000 District Court Cases from 2022 and 2023. It is worth noting that while criminal case volumes in the District Court have decreased, expenditure on criminal legal aid in the District Court has nearly doubled, from €19 million in 2015 to €37 million in 2024.
The proposed reform aims to address structural issues identified during this review, such as additional adjournments resulting from the payment per appearance model and to speed up case resolution. The fee is being set at a rate that takes account of the full range of cases in the system recognising that some cases will involve relatively few appearances while others will involve more. It is to be expected that practitioners will have a mix of cases and I am satisfied that the new fee will provide an appropriate level of payment for the important work done in our courts by solicitors. The proposal fulfils the Programme for Government commitment to reform criminal legal aid and fully restore fees.
Officials from my Department met with the Bar Council and Law Society together in May, July and October 2025, and both bodies were invited to make submissions on the findings of the review by November 2025. An initial submission from the Law Society was received on 14 November 2025. Further submissions have been received from the Law Society and from the Bar Council on the 27 March and 2 April respectively.
I recently met with the Bar Council on 27 May and with the Law Society on 29 May. Additionally, Departmental officials have been continuing to engage extensively with relevant stakeholders, including legal professionals and their representative bodies on the proposed changes. Further submissions from representative bodies were also invited, received, and considered. Officials from the Department again met with representatives from the Law Society on 16 and 18 June and there has been further engagement subsequently.
565. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine if his Department will spend the total amount of the fuel support scheme €100 million; and if he will make a statement on the matter. [46874/26]
Amharc ar fhreagraMy Department has introduced the Fuel Income Support Scheme as a targeted income support to assist farmers and agricultural/forestry contractors facing unprecedented increases in fuel costs.
Separate schemes have been put in place to support fishers and specialist horticultural growers.
In total €100 million funding has been made available to support these agri-food and marine sectors.
As processing of applications under the various schemes is still ongoing it is not possible at this time to confirm the total payment amount across all three schemes.
566. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine the rate of payment per litre of diesel his Department will pay to applicants of the fuel support scheme; and if he will make a statement on the matter. [46875/26]
Amharc ar fhreagraThe Fuel Income Support Scheme was introduced as a targeted income support to assist farmers and agricultural/forestry contractors facing unprecedented increases in fuel costs.
As final processing is still on-going, it is anticipated that the rate of payment per litre will be finalised in advance of the issuance of payments in the coming weeks.
567. Deputy John Paul O'Shea asked the Minister for Agriculture, Food and the Marine the estimated cost of installing real-time water quality monitoring infrastructure in the Blackwater catchment; if funding has been allocated to this project; the expected timeframe for delivery; and if he will make a statement on the matter. [46944/26]
Amharc ar fhreagraTo improve water quality we need to reduce the loss of agricultural nutrients to water. Supported by Government, there is significant work underway in this regard.
In May 2024, at my Department's request, Teagasc launched their multi-actor ‘Better Farming for Water Campaign.
There are six pillars to this campaign:
• Stakeholder Engagement – a multi-actor approach led by local ‘champion’ farmers.
• Building Awareness – acquisition and utilisation of local water quality data.
• Upskilling farmers, advisors, lecturers/teachers and students.
• An impactful Knowledge Transfer programme delivered through advisory support.
• A supporting Research Programme to identify effective mitigation actions.
• A strong Communication Plan with target audience.
The Environmental Protection Agency has identified the Blackwater catchment area as a ‘catchment of concern’ where nitrogen concentrations are too high and focused efforts to reduce nitrate levels are needed. As a result, the Blackwater Catchment is one of the eight priority catchments targeted under Teagasc's campaign.
In June 2025, monitoring stations were installed in two locations on the river Funshion within the Blackwater Catchment.
One station was installed by Teagasc using part of my Department's grant in aid funding for the Better Farming for Water Campaign. The other station was installed by the Local Authority Waters Programme, funded by the Department of Housing, Local Government and Heritage. The estimated installation cost for each site was approximately €30,000. These complementary stations monitor nitrate and nitrate concentrations hourly.
The purpose of these stations is to aid the evaluation of nitrogen measures implemented in this sub-catchment of the Blackwater, in particular the Farming for Water European Innovation Partnership funded measure relating to farm nitrogen surplus calculations.
To establish a trend, at least three years data must be collected. Therefore the earliest reports from these projects will be available in 2028. As part of this collaborative effort, this high-resolution monitoring work within the Blackwater Catchment will provide timely information on the impact farm practice change is having in reducing nitrogen losses from this catchment.
568. Deputy Roderic O'Gorman asked the Minister for Agriculture, Food and the Marine to provide an update on the recommendations relating to his Department arising from the National Climate Change Risk Assessment; and if he will make a statement on the matter. [46961/26]
Amharc ar fhreagraMy Department recognises the National Climate Change Risk Assessment (NCCRA) as an important evidence base for understanding the climate related risks facing Ireland and for informing adaptation planning across government.
My Department played an active role in the development of the NCCRA through engagement with the Environmental Protection Agency (EPA) and other Government Departments in relation to the agriculture, forestry and seafood sectors, contributing expertise and data to support the identification and assessment of climate risks relevant to these sectors.
The findings of the NCCRA informed the development of my Department's second Sectoral Adaptation Plan (SAP) 2025 - 2030. The plan is aligned with the priority risks identified in the NCCRA and sets out 102 actions to strengthen resilience across agriculture, forestry and seafood.
My Department is currently progressing implementation of these actions, which include measures relating to research and innovation, climate services, risk assessment, advisory supports, infrastructure resilience and emergency preparedness. Through the SAP, my Department is working to ensure that the sectors under its remit are prepared for the impact of climate change, including extreme weather events, flooding, drought and other climate related risks.
My Department will continue to monitor emerging evidence and is currently working with the EPA on the development of the next iteration of the NCCRA. This will help ensure that both mitigation and adaptation planning remains effective, evidence based and responsive to evolving risks.
569. Deputy Mairéad Farrell asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 194 of 10 June 2026, if there is any Departmental requirement that DNA samples, applications or associated documentation must be submitted by mid-October in order to qualify for funding under the equine technical support and equine breeding scheme; if no such Departmental requirement exists, whether the statement that submissions after mid-October were ‘not grant funded’ was based solely on an internal deadline established by a society (details supplied); if his Department has confirmed that DNA testing undertaken after mid-October, but before the scheme claim deadline of 7 December 2026, remains eligible for grant support; and if he will make a statement on the matter. [46974/26]
Amharc ar fhreagra570. Deputy Mairéad Farrell asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 194 of 10 June 2026 , if his Department has considered whether the application of an earlier society deadline creates a disadvantage for breeders whose foals are born later in the year, particularly where equine technical support and equine breeding scheme documentation refers to support being available in the year of foaling. [46975/26]
Amharc ar fhreagra571. Deputy Mairéad Farrell asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question 1514 of 9 June 2026, to provide a breakdown of the costs associated with the First-Time Verification Project, including the total amount of public funding received, the amount contributed by breeders, the basis on which breeder charges were calculated, and any additional charges or surcharges applied; if his Department has queried the basis upon which breeders were required to purchase first-time foal parentage verification testing packages by 31 August 2026 and submit samples by September, failing which surcharges of approximately €50–€60 were applied;given the Department’s confirmation that completed claims may be submitted up to 7 December 2006, whether it is correct that the Society receives no grant support in respect of First-Time Foal Parentage Verification testing undertaken after 15 September, and if so, the specific Departmental rule, scheme provision, or funding condition on which that position is based; and if he will make a statement on the matter. [46976/26]
Amharc ar fhreagraI propose to take Questions Nos. 569, 570 and 571 together.
The first-time verification project (70% grant rate of total cost €98,175) was approved by my Department to the named organisation under the Equine Technical Support and Equine Breeding Scheme (ETS) in 2026.
As an annual scheme, all ETS projects must be completed by the applicant and funding paid by my Department within the calendar year. Accordingly, the deadline for submission of completed claims to my Department by the named organisation is the 7th December 2026 in order to ensure payment of funds in the calendar year.
The named organisation is responsible for managing and overseeing the project, including any conditions, associated timelines and charges to participants.
572. Deputy Mairéad Farrell asked the Minister for Agriculture, Food and the Marine if BIM mobile training unit courses will be offered on the west coast in 2026; if not the reason for this; and if he will make a statement on the matter. [46987/26]
Amharc ar fhreagraI am informed by BIM that the Coastal Training Unit (CTU) West Coast is currently not operational due to a temporary gap in staffing resources within the Skills Development team. BIM are actively working to address this situation and hope to have the CTU courses up and running again as soon as possible, and they do expect this to be within 2026. In the interim, courses are available through the National Fisheries Colleges in Castletownbere and Greencastle, as well as the East Coast CTU.
573. Deputy Duncan Smith asked the Minister for Agriculture, Food and the Marine his Department’s plans to support the Irish inshore fishing sector; his plans for a sector strategy; and if he will make a statement on the matter. [47065/26]
Amharc ar fhreagraThe Government is committed to maintaining support for the inshore fishing sector as set out in the Programme for Government - Securing Ireland’s Future.
I regularly engage with representatives of the inshore fishing sector, including the National Inshore Fisheries Forum (NIFF), the Regional Inshore Fisheries Forums (RIFFs), the National Inshore Fishermen’s Association (NIFA) and the Irish Islands Marine Resource Organisation (IIMRO) to discuss issues affecting the inshore sector. These discussions have been constructive, and they provide important insight into the challenges and concerns faced by inshore fishers.
There are various schemes and supports for the inshore sector available under Ireland’s Seafood Development Programme 2021-2027, which is co-funded by the Government and the EU Commission under the European Maritime, Fisheries and Aquaculture Fund (EMFAF). These include the Small-Scale Coastal Fisheries Scheme, Inshore Fisheries Conservation Scheme (V-notching), Seafood Training Scheme, Seafood Capacity Building Scheme, amongst other supports such as grant aid under the Fleet Safety Scheme. I actively encourage inshore fishers to engage with local BIM Regional Development Officers who can further support and advise on the range of supports and services available to the sector, including supports for inshore fishers to develop short-supply chains to better maximise the value of their landings.
In relation to a sector strategy, I have engaged Mr. Kieran Mulvey as a facilitator to work with seafood representative groups (including those for inshore fishers) in order to identify and articulate issues, priorities, and opportunities for the sector. The purpose of this engagement is to assist me in setting the Terms of Reference for a Fisheries Sector Strategy, as provided for in the Programme for Government. I expect Mr. Mulvey's report to be published shortly.
In addition, together with Minister Heydon, I have established a working group under the auspices of Food Vision 2030 - the Food Vision Seafood Sector Group. This Group will consider the challenges facing all three components of the Irish seafood sector – catch fisheries (including inshore fishing), aquaculture and seafood processing. The Group’s overarching objective is to identify and develop a framework of measures to respond to these current challenges. In doing so, I encourage the Group to identify solutions to improve competitiveness and efficiency, to develop existing market opportunities, to consider how the sector can contribute to our national environmental goals, and to consider where the sector can innovate. The Group's Chair, Mr. Michael Berkery, has been tasked with drafting a Chairman's Report by the end of June. I look forward to considering this report in due course.
The inshore fishing sector is a vital component of our coastal economies and communities. Along with the wider seafood sector, I remain committed to supporting inshore fishers and continuing my engagement with the NIFF and RIFFs, NIFA and IIMRO, and working with them to see how this can be best achieved.
574. Deputy Duncan Smith asked the Minister for Agriculture, Food and the Marine whether his Department will submit documents to request crisis funding under the European Maritime, Fisheries and Aquaculture fund; and if he will make a statement on the matter. [47066/26]
Amharc ar fhreagraThe support package as announced by Minister Heydon and myself on 12 April 2026 will focus on fuel costs for registered fishing and aquaculture vessels and is being implemented under the Middle East Crisis Temporary State Aid Framework (METSAF). The Government has focused on alleviating the impact of the increase in the price of fuel as efficiently and effectively as possible.
No current consideration is being given to implement a further scheme under Article 26(2) of the EMFAF Regulation.
