Dáil Éireann Debate, Tuesday - 7 July 2026
548. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the status of the general scheme of the European Public Prosecutor's Office Bill; the date on which the general scheme was or will be brought to Government; whether the stated commitment to publish enabling legislation in the first half of 2026 has been met; and if he will make a statement on the matter. [51042/26]
Amharc ar fhreagra549. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the expected date on which the State will formally accede to the European Public Prosecutor's Office; the steps that remain to be completed before accession; and if he will make a statement on the matter. [51043/26]
Amharc ar fhreagra550. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the number of requests for judicial cooperation or mutual legal assistance received from the European Public Prosecutor's Office in each of the years 2021 to 2025 and to date in 2026; the number of those requests granted in full, granted in part, or refused; the average time taken by the State to respond; and if he will make a statement on the matter. [51044/26]
Amharc ar fhreagra551. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the response of the Department to public comments by the incoming European Chief Prosecutor describing the State as a jurisdiction in which shell companies are being established for the purposes of VAT fraud and money laundering; the assessment the Department has made of the State's exposure to organised crime arising from continued non-participation in the European Public Prosecutor's Office; and if he will make a statement on the matter. [51045/26]
Amharc ar fhreagraI propose to take Questions Nos. 548, 549, 550 and 551 together.
The European Public Prosecutor’s Office (EPPO) was established in 2017 under the EU's enhanced cooperation measure to investigate and prosecute crimes against the financial interest of the European Union. These crimes are as set out in Directive (EU) 2017/1371 of the European Parliament and of the Council, on the fight against fraud to the Union’s financial interests by means of criminal law, otherwise known as the PIF Directive.
Ireland decided not to opt in to the EPPO Regulation at that time, given that it represented a departure from our common law model of investigation and prosecution. However, Ireland has transposed the PIF Directive and the full suite of measures to investigate and prosecute PIF offences are available to Irish authorities under our domestic structures.
Drafting of the General Scheme of the Bill to enable Ireland to participate in EPPO is currently progressing. This follows preparatory work already conducted relating to the development of the preferred operating model for an EPPO Regional Office for Ireland, including identification of the resources, human and financial, required to deliver the model. Development of the model was the subject of significant engagement with relevant stakeholders.
Following completion of the General Scheme, formal Government approval will be sought to opt in to the EPPO Regulation and to undertake related processes, including seeking Oireachtas approval.
While the operational model has been identified, development of a General Scheme gives rise to a range of complex legal and technical issues, having regard to Ireland’s common law system and how EPPO will navigate within it. It is expected to be 2027 before the legislation will be completed.
In the meantime, co-operation with the EPPO as a non-participating Member State is working well, with legislative changes required to facilitate Ireland’s co-operation with the EPPO being fully operational since 1 November, 2023. This was effected by way of amendments to the Criminal Justice (Mutual Assistance) Act 2008, which enables Ireland-EPPO co-operation, by creating a legal framework for EPPO to make requests for assistance directly to the State. Since then, there has been ongoing positive engagement with EPPO in relation to the processing of mutual legal assistance requests.
The Central Authority for Mutual Assistance in my Department is the contact point for the European Public Prosecutor’s Office. I am advised that all EPPO requests received are handled in accordance with the legislation and are given priority attention.
I can assure the Deputy that Irish officials enjoy a positive and collaborative working relationship with EPPO, and it is intended that this will continue as the work on the legislative and operational aspects of Ireland’s future participation in the EPPO progresses. The Irish Government remains fully committed to protecting the Union’s financial interests and to providing every support possible to EPPO, as it carries out its very important work.
While it would not be appropriate to provide details of individual EPPO cases, I can advise the Deputy that the Central Authority has received in excess of 60 requests from the EPPO since 2021, 42 of which have been processed to completion.
