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: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating firearms trafficking and other firearms-related offences and amending Directive (EU) 2024/1260 of the European Parliament and of the Council, a copy of which was laid before Dáil Éireann on 18th March, 2026. I thank the House for facilitating this motion. I welcome the opportunity to address the Dáil on Ireland's opt-in to a new EU proposal for a directive on combating firearms trafficking and other firearms-related offences. Ireland has an option, provided for in Article 3.1 of Protocol 21 annexed to the Treaty of Lisbon, to opt in to individual proposals in the area of freedom, security and justice. The protocol provides that Ireland has three months from the date a proposal is presented to the Council to notify the Presidency of the Council of its wish to take part in the negotiation, adoption and application of the measure. The three-month period for this proposal ends on 23 June 2026. The exercise of the opt-in is subject to the approval of both Houses of the Oireachtas, so it has been necessary to bring this proposal to the Houses as swiftly as possible. Ireland can accept a proposal at any time after it has been adopted but in such cases Ireland will not have been in a position to vote on the final content of the proposal. It must also be noted that Ireland made a declaration appended to the Treaty of Lisbon of its intention to opt in to measures in the area of freedom, security and justice to the maximum extent it deems possible. The EU has previously adopted several instruments regulating the legal acquisition and possession of firearms. Opting in to this measure in relation to firearms trafficking provides an important opportunity for Ireland to reiterate our commitment to tackling illicit firearms, the trafficking of which poses a serious threat to both our and our European neighbours’ security, and beyond. On 26 February, the European Commission put forward this proposal with the intention to combat firearms trafficking and other firearms-related offences. The aim is to introduce a EU-wide framework with common definitions of firearms offences and penalties, support stronger co-operation between member states and improve the collection and use of data. The proposal also closes the gap when it comes to the misuse of 3D printing for illicit weapons production and includes an obligation for member states to establish a national firearms focal point to better enable operational co-operation between member states. Illicit firearms pose a serious threat to the security of all EU citizens. They enable a wide range of serious and organised crimes, including drug trafficking, extortion, robbery and gang violence. The issue has intensified due to geopolitical events in geographical proximity to the Union. There is a high risk that the surplus of weapons from ongoing conflict, such as the one in the Ukraine, will leak into illegal markets. Key challenges that have been identified that further the facilitation of illicit firearms trafficking are the technological shifts creating the possibility of online dissemination of 3D-printing blueprints. The large gap in data and reliable, comprehensive statistics also make it more challenging for law enforcement and policymakers to assess the scale of this threat and identify possible solutions. Firearms trafficking has been consistently identified as a major internal security threat to the EU. The necessity for harmonisation of criminal standards has been highlighted in both the 2025 ProtectEU internal security strategy and the new counter-terrorism agenda. However, there are significant differences in how firearms-related crimes are defined and punished across the member states. This lack of harmonisation hinders cross-border co-operation, complicates investigations and prosecutions, and reduces the overall effectiveness of law enforcement against firearms trafficking and its related offences. I will provide more detail about the specific elements of the measure that is under discussion. The directive aims to protect EU citizens from the threat of illicit firearms by reducing the number of illegal weapons and related criminal activities, harmonising firearms offences and penalties and improving data quality and availability. The proposal targets intentional acts involving illicit firearms and does not propose to change existing EU rules on the legal acquisition, possession and cross-border movement of licit firearms. The proposal will harmonise the definitions and penalties of criminal offences to include the trafficking, manufacturing or possession of illicit firearms, the falsifying or illicitly removing or altering of mandatory firearm markings, and the illicit creation, acquisition, possession and dissemination of 3D printing of firearms. Under this proposed directive, each member state will be obliged to establish a national firearms focal point to facilitate co-ordination and co-operation between the competent authorities. This directive will also strengthen data collection on seized firearms, which will enhance the capabilities of law enforcement officers and policymakers. It will allow for better resource allocation and it will enhance threat and policy evaluation. Harmonised EU-level action will also support broader security goals, as firearms crimes are closely linked to terrorism, money laundering, drug trafficking and other types of organised crimes. As firearms trafficking continues to worsen, we are committed to combating this challenge through a co-ordinated and coherent approach. To do this, we must ensure our legislative measures are fit for purpose. In Ireland, we have robust legislation safeguarding the use of firearms through the Firearms Act 1925. However, this represents the first firearms trafficking measure at EU level. This legislation will remove the fragmentation that exists across the European Union to provide for harmonisation, thus enhancing cross-border co-operation, criminal investigations and prosecutions. The ultimate goal is to safeguard citizens and ensure that serious criminality is disrupted and punished. The views of the Office of the Attorney General have been sought on this directive. The legal advice confirmed that there are no legal or constitutional obstacles to Ireland opting in to this directive. Naturally, given the importance of this issue, officials from my Department will continue to participate actively in the negotiations at working party meetings and engage with other Departments and agencies to ensure the final text of the directive works well for Ireland and the EU as a whole. As part of Ireland's Presidency responsibilities, senior officials in my Department will be leading on the negotiation of the measure as it progresses in Brussels. By opting in to the measure, we will join our European colleagues to help fight this collective challenge. The Government has no hesitation in commending this motion to the House.

Sentiment score: 0.09

I thank the House for facilitating this motion today. I thank colleagues from across the House for their contributions. I would like to address some specific questions raised. Deputies Nolan, Michael Collins, Danny Healy-Rae and Carthy raised the issue of the legal acquisition and use of firearms particularly in rural areas. Their points were well made in relation to the use of hunting rifles and rifles used to protect property from animals. However, this proposal will not redefine the rules on legal ownership of firearms. The proposal only targets intentional acts involving illicit firearms, fully preserving legitimate activities by authorised dealers, industry and citizens. It does not change or affect in any way the existing EU rules on the legal acquisition, possession and cross-border movement of hunting rifles and those types of firearms. Many Deputies expressed dismay over the timelines. I assure the House that this measure was laid before the Oireachtas one month after its publication. There is some urgency in relation to it given that we have so much legislation going through the Houses and I ask them to bear with us. I note all the positive support for the proposal today. At the outset, Deputy Carthy spoke about the difference between Article 3 and Article 4 in respect of the opt-in. Under Protocol 21 of the Treaty on the Functioning of the European Union, Ireland has two avenues in relation to opting into EU proposals. Under Article 3, Ireland can notify the EU institutions within three months of a proposal being published that it wishes to participate from the outset. This gives Ireland a seat at the negotiation table during the Council working groups and ministerial discussions, allowing it to influence the final wording and operation of the legislation. Under Article 4, Ireland can wait until after the EU measure has been adopted and then decide whether to opt in to the final instrument. However, at that stage Ireland has no role in shaping the legislation and must effectively accept the measure as negotiated by other member states. An opt-in under Article 3 of Protocol 21 therefore ensures that Ireland is at the table and involved in the discussions and negotiations with other European partners. It is stated Government policy that Ireland participate in the justice and home affairs measures by default, opting out only where concrete and well-defined legal impediments can be identified. This issue was also mentioned by Deputy Gary Gannon. Deputies Gannon and Carthy also asked why we are now deciding to opt in. The Government is supportive of the proposal and views it as a valuable instrument in combating serious and organised crime, particularly in terms of the increased sophistication and technological advancement in the modus operandi used to commit such crimes. It should be noted that it is the Government's stated policy that Ireland participate in justice and home affairs measures by default, opting out only where concrete and well-defined national interests are at stake. In policy and procedural terms, it is considered desirable that Ireland opt in to this measure pursuant to Article 3. In light of legal advice received from the Attorney General on 27 May that this measure provides no legal or constitutional impediments to Ireland’s participation, Ireland should opt in to this proposal. Opting in now will allow Ireland to stay in step with other European partners and strengthen our efforts to fight trafficking of illicit firearms. As part of Ireland’s Presidency responsibilities, senior officials in my Department will lead the negotiation of the measure as it progresses through the House. Deputy Gannon also raised the status of the negotiations. Negotiations are currently under way and have been ongoing since the first working party meeting took place in March 2026. As part of Ireland’s Presidency responsibilities, senior officials in my Department will be leading on the negotiation of the measure as it progresses in Brussels. It is anticipated a general approach will be reached during the Irish Presidency. Opting in now will ensure the likelihood that Ireland can take a role in these negotiations, which will be really important so as to ensure the final measure be transposed in a manner compatible with Ireland’s common law legal system. Another huge issue that is very important to me as a representative for Dublin South-Central relates to drug-related intimidation. The Department of justice on the DRIVE oversight board is hugely supportive of this programme to tackle drug-related intimidation at community level. I have delegated responsibility for youth diversion. I look forward to working with Deputy Gannon and other Members of the House in relation to early intervention to ensure that young people do not end up in the justice system and are diverted before it becomes more serious and before they are recruited by criminal gangs. I thank the Deputies for contributing today. The EU strategy to tackle organised crime and the renewed impact framework are alike in recognising firearms trafficking as a priority. The Government has no hesitation in commending to the House the motion that we opt in to this proposal. By doing so now under the Article 3 opt-in, it will ensure we are at the table with our European partners and can be involved in the detailed discussions. For all of these reasons, I commend the motion to the House.

Sentiment score: 0.20