I move: That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Korea on the transfer of Passenger Name Record data from the European Union to the Republic of Korea for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, a copy of which was laid before Dáil Éireann on 14th October, 2025. Today, I am seeking the approval of Dáil Éireann to opt in to the Commission recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Korea on the transfer of passenger name record, PNR, data. This recommendation has two main aims. The first relates to the necessity of ensuring public security by means of exchanging PNR data between the EU and the Republic of Korea, while the second relates to the protection of privacy and other fundamental rights and freedoms of individuals. This proposed Council decision has a Title V legal basis in the area of police co-operation. Its publication on 15 September 2025 started the three-month window for Ireland to exercise an Article 3 opt-in under Protocol 21 annexed to the Lisbon treaty. The collection and analysis of PNR data is a widely used law enforcement tool in the EU and other countries for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. PNR data is the booking information provided by passengers and collected by air carriers for their own commercial purposes, such as names, dates of travel or travel itineraries. The collection and analysis of PNR data can provide the authorities with important elements, allowing them to detect suspicious travel patterns and identify associates of criminals and terrorists, particularly those previously unknown to law enforcement authorities. The use of PNR data is governed by the EU PNR directive, which was transposed into national law via the European Union (Passenger Name Record) Regulations 2018. The Irish passenger information unit within my Department is the body responsible for processing PNR data in Ireland. No legal or practical impediment has been identified precluding Ireland from opting in to these proposals. Legal advice from the Attorney General confirms that we will not be bound into participating in the finalised agreement with the Republic of Korea unless we exercise our right to opt in again when fresh proposals are published at the end of the negotiations. Today, I am simply asking Deputies to support an opt-in to those negotiations, so that we can participate on the same basis as other EU member states. No cost increase will arise from our participation in this Council decision authorising the opening of negotiations. A further cost analysis will be conducted at the time the agreement is finalised. The Irish passenger information unit is funded through the Vote of the Department of Justice, Home Affairs and Migration. Deputies will recall that we have already opted in to similar EU PNR agreements with Canada, Australia, the United States and the United Kingdom. Earlier this year, the Dáil and Seanad passed similar motions to allow us to participate in two finalised PNR agreements with Iceland and Norway. Similar proposals to sign and conclude a PNR agreement with Switzerland were published on 13 November 2025. These are currently under consideration. Subject to no legal or practical impediments being identified to our participation, I intend to recommend to the Government and the Houses that we opt in to these agreements and the necessary motions will be brought to the Houses for agreement at the appropriate time. In operational and policy terms, it is considered desirable that Ireland exercise an Article 3 opt-in to this proposal with the Republic of Korea so that Ireland can fully participate in the negotiations as they progress. I commend this proposal to the House to consider the exercise of Ireland’s right to opt in under Article 3 of Protocol 21 and seek the approval of the motion to participate in this Council decision authorising the opening of these negotiations between the EU and the Republic of Korea.

Sentiment score: 0.26

I thank all the Deputies for their contributions, which I have listened to carefully. I also thank Deputy Crowe for a very insightful contribution about the reach of Irish missionaries as far as Korea. We know the outstanding contribution of Irish missionaries around the world and that was another example of it. I reiterate that the proposed opt-in concerns a proposal for a Council decision authorising the opening of negotiations for an agreement between the EU and the Republic of Korea on the transfer of PNR data. PNR data is a widely used law enforcement tool in the EU and beyond to combat terrorism and serious crime such as human trafficking and drug-related offences. The collection and analysis of PNR data can enable the relevant authorities to detect suspicious travel patterns and identify criminals and terrorists, and their associates. Ireland is bound by the relevant EU PNR directive. Adequate data protection safeguards and respect for the fundamental rights of citizens will be a core component of the negotiations with the Republic of Korea. The existing adequacy decision referred to by the Commission in its proposal is a strong indicator that any transfer of data from the EU to the Republic of Korea will be appropriately protected. We have previously supported similar agreements in this area and it is recommended for operational and policy reasons that we exercise our right to opt in under Article 3 to this proposal so that we can input into the negotiations from the outset. I again highlight that the motion before is simply an opt-in to participate in the negotiations. It is not an opt-in to begin exchanging PNR with the Republic of Korea. The agreement reached at the end of the negotiations will provide the legal basis for that exchange. It will require Ireland to exercise another opt in under Protocol 21 at the time to benefit from the enhanced police co-operation it will offer. Deputy Mark Ward raised a point about PNR data being collected from airline travel and not from other forms of travel. The Commission has published feasibility studies examining the possible use of advanced passenger information from land and maritime travel operators. Ireland does not have the applicable long-distance rail or road routes but will continue to monitor developments on maritime travel arising from these studies. The PNR directive is also being evaluated and there may be scope for amendments at the appropriate time. The point is noted. I trust that the House can support the exercise of Ireland's opt-in in this instance and, therefore, approve the motion to participate in the Council decision authorising the opening of negotiations. I thank the Deputies for their contributions and careful consideration.

Sentiment score: 0.24