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: Council Decision authorising the opening of negotiations for an agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland on a Youth Experience Scheme, a copy of which was laid before Dáil Éireann on 10th February, 2025. This motion is to seek the Dáil's approval for Ireland to opt into a European Council decision authorising the opening of negotiations between the European Union and the United Kingdom on a youth experience scheme. This scheme is envisaged to facilitate travel by young people between EU member states and the UK for a wide range of purposes, including education, research, work, training, volunteering and cultural activities. We are in a lucky position in Ireland because we have the common travel area that means we are able to travel to the United Kingdom to engage in those endeavours. Other countries in the EU, however, do not have the same benefits. In this House, we are aware, and anyone who has been away as a student will be especially aware, of the benefits that come from youth experience schemes. They expose people to other cultures and working environments. It is part of learning from a rich experience of life beyond what you get in your own country. One of the downsides of the United Kingdom leaving the European Union is that it ended freedom of movement between the UK and EU member states, apart from Ireland. As a result, young people from the UK and the EU have fewer avenues available to them to gain experience abroad. The proposed Council decision would authorise the European Commission to open negotiations - that is all it authorises - if and when the EU and the UK wish to do so, to seek agreement on a youth experience scheme that would facilitate the temporary stay of young people from the UK in an EU member state, and of their EU counterparts in the UK. The European Union is committed to schemes that support young people's development of skills and talents through exchanges and other mechanisms across borders and beyond the EU, for example, through the Erasmus+ programme. In fairness, the UK also operates youth visa programmes with several non-EU countries such as Canada, Australia and New Zealand. The proposed negotiations would seek to provide similar opportunities for young people from member states and the UK to apply for a temporary stay in the other territory. The proposal is very clear. It is that any agreement resulting from the negotiations would not replicate the freedom of movement which applied before Brexit. If there is political tension in respect of this issue, I suspect it will predominantly come from the United Kingdom where, as we are aware, there is significant sensitivity about the free movement of people. Several restrictions on free movement are set out in the proposal, the details of which would be subject to negotiation with the UK. These include limitations on the age of participants. It is envisaged that people allowed to participate in this youth scheme would be between the ages of 18 and 30. There will also be limitations on the period of stay. It is proposed that, initially, it would be for one year and potentially up to three years. There would also be conditions for admission and grounds for refusal, as well as measures related to family reunification and movement between EU member states, among others. This proposed mandate for negotiations with the UK comes in the context of a very welcome improvement in the relationship between the EU and the UK. That relationship is clearly a very important one for all of us across these islands, both in the context of our bilateral relationship with the UK as well as in the context of our shared island. It is in our national interest that the reset of the EU-UK relationship is successful and we hope for a real strengthening and deepening of co-operation between the EU and the UK. We are like-minded partners in a globally challenging context. It makes sense that we should work closely together. It is important to point out that the past year has also seen positive momentum in the British-Irish relationship, which has improved considerably. We are all aware of the tensions that were put on that relationship as a result of Brexit. The Government is focused on renewing and furthering that momentum across the many strands of that relationship, as framed in the joint statement agreed between the then Taoiseach and the British Prime Minister in Dublin in September last year. We look forward to the upcoming summit in March between Prime Minister Starmer and the Taoiseach, Deputy Micheál Martin. The fundamental importance of this relationship is reflected in the extent of our people-to-people links, our historic ties and our distinctly and mutually beneficial common travel area arrangement. Due to the common travel area, it is important to be clear that the proposed youth experience scheme would not have any impact at all on the movement of young Irish and UK citizens between Ireland and the UK. Irish and British people already benefit from significant rights of free movement between our two countries, and the Commission proposal underlines that any agreement on a youth experience scheme should be without prejudice to the common travel area. Another reason that we should participate in these negotiations is to ensure that we protect the benefits that derive from our membership of the common travel area with the UK. Such a scheme would, however, improve opportunities for young EU citizens resident in Ireland to gain experience in the UK. EU member states have keenly felt the loss of these opportunities for their young citizens. The same is true of young people in the UK, who now also have the prospect of once again enjoying the richness of the European experience, which they lost, regrettably, as a result of Brexit. Opting in to this proposal would show solidarity with our EU partners, and our British friends, in this respect, on an issue of importance to them and to their citizens. We should also recall the co-operation we received from our EU partners during the Brexit negotiations. Consequently, it is appropriate that we support them in their pending negotiations with the United Kingdom. This proposal has a Title V legal basis. That means it is in the area of freedom, security and justice under the Treaty on the Functioning of the European Union, which means that, unlike other member states, Ireland is not automatically bound by measures in this area. Instead, we have the right to decide whether to opt in to that treaty under Protocol 21. Opting in to this proposal would be consistent with our declared commitment to participating in Title V measures wherever possible, and a demonstration of our pledge to protect and promote EU values in the area of freedom, security and justice. The Houses' approval at this stage, before the decision has been adopted by the European Council, which is expected to happen in the coming weeks, would enable Ireland to opt in under Article 3 of Protocol 21 and to take a full part in the Council decision and vote on the negotiating mandate. The three-month period for an opt-in under Article 3 of the protocol expires on 11 March, which explains the urgency of bringing the motion before the House and the Seanad. If we were to opt in after the decision has been adopted, under Article 4 of the protocol, we would not have a vote on this proposal. I reiterate that this mandate relates simply to the potential opening of negotiations. It is not about finalising any deal; it is simply stating that we want to participate in those negotiations should the EU and the UK wish to do so. It does not entail a commitment by Ireland to any agreement that may be reached. Any agreement resulting from these negotiations would need to be subject to a separate opt-in procedure at the time, once the details are known. It is important for Ireland to opt in to this initial Council decision to ensure our full participation in any negotiating mandate. We can then actively ensure that the rights of Irish citizens within the common travel area are fully protected, as the decision sets out. Opting in would also demonstrate solidarity with our EU partners and our commitment to EU values, as well as Ireland's support for the strongest possible relationship between the EU and the UK. Opting in would not bind Ireland to any agreement resulting from negotiations, but would simply allow us to participate in, and to have a vote on, the decision to authorise them. If negotiations were to result in an agreement with the UK, the Houses of the Oireachtas would then have a further opportunity to consider whether to opt in to that agreement. We will come back to the Houses in respect of that, should there be agreement on a scheme. I commend the proposal to the House. I thank Deputies for their consideration. I will listen carefully to what those contributing to the debate have to say.

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Thank you,

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I thank the Deputies for their contributions, which I listened to carefully, and for their best wishes on this, the first day on which I am dealing with a debate in the House as Minister for Justice. I also wish Deputy Carthy well in his position as Opposition spokesperson on justice and, indeed, Deputy Kelly. I do not have all the answers in respect of justice issues and I do not think the House would expect me to. I will be very open to listening to ideas from Opposition Members and I am happy to go along with what Deputy Kelly suggested, by which I mean I am going to try to be as transparent as possible and try to freely set out what the issues are and where the problems are. I will listen carefully to any suggestions I get from anyone in the House, whether Government backbenchers or members of the Opposition, and I am happy to work with colleagues in that regard. Deputy Carthy is right when he says this proposal is a further consequence of Brexit. Brexit was an extraordinary event for this island and in the relationship between Ireland and the United Kingdom. We are still dealing with the consequences of it. It is clearly the case Brexit is not going to be reversed in the short term. If it is going to be reversed at some stage, that is a long way down the road, so we have to deal with the issues we have here now. This is a good proposal. As a number of colleagues mentioned, all that is being proposed is that we will have an opportunity to opt in such that we can negotiate in respect of a future agreement between the EU and the UK. I do not think anyone here is opposed to that and I welcome the support across the House. Everyone here is politically sophisticated enough to know that the contentious issues here will arise on the British side. Deputy Kelly was correct when he said this was originally referred to as a youth mobility scheme. The word "mobility" was dropped and replaced by “experience”. The British Government has stated that although it has no plans for a youth mobility scheme, it will consider proposals in accordance with its red lines on free movement. I think Deputies are very much aware that the issue of the freedom of movement of people is a highly contentious and sensitive issue within the United Kingdom. Fortunately, we have not reached the same levels of concern or anxiety that exist in the UK in respect of the free movement of people, and I hope we will not. Deputy Carthy also spoke about the common travel area. The common travel area is a great advantage we have whereby Irish citizens can move freely between the UK and Ireland. We want to preserve that, and part of the reason we want to be part of these negotiations is in order that when the EU and the UK are negotiating, Ireland's position and the benefits of the common travel area will be well respected. A consequence of the common travel area, which I do not think we can deny because it is clearly the case, relates to migration. I think Deputy Carthy mentioned that, obviously, it is difficult to control migration in the context of the common travel area, but those are just challenges we are going to have to deal with until such time as matters change. Deputy Carthy also spoke about the accommodation recognition payment, on which he sought a reply. I am aware of that and have been briefed on it, and a decision will have to be made on it soon. It does not relate to my Department but to the other Department, given the function is being transferred over by the Department under the former Minister, Deputy O'Gorman. I am aware of it and of the issues the Deputy referred to, which I note. I also note the comments of Deputy Ó Murchú, who, while not a justice spokesperson, always spoke very authoritatively any time I participated as a backbencher in a debate on a justice issue. He referred to the youth diversion programme and the mental health of individuals who come before the criminal justice system, on which I agree. I visited Cloverhill Prison last week and it clearly tends to be the case, which will not be a revelation to anyone in this House, that in respect of certain offences, individuals can have serious mental health challenges. A question that arises concerns where the services are going to come from to deal with those mental health challenges. I am pleased to say services are being provided in our Prison Service, although in certain instances or for certain persons, that may not be appropriate. Deputy Gannon said he hoped the British Labour Party would wake up and recognise that Brexit has been a disaster for the UK. I am not going to comment on anything to do with the British Government, although Deputy Gannon is perfectly entitled to his position. All I would say is it is clearly the case that many young people in Britain wish to avail of what was formerly the Erasmus+ scheme, whereby they could move to other European Union countries. I note the support in this House for those younger UK citizens so they can continue to do so. I listened carefully, as I always do, to Deputy Boyd Barrett. He mentioned how all wealth derives from human labour. That was the ideology of Mr. Marx and Mr. Ricardo. We need to add something to that now - to a large extent, wealth can derive from technology. That will become more apparent in the 21st century whereby technology is getting the benefits of vast wealth for certain individuals. We need to keep eye on that. I also thank Deputy Heneghan for his contribution. It is important that we hear young voices in the House. He will be aware, as many of us were in the past, of the huge benefits derived from young people travelling throughout Europe. It is a fantastic continent. It is a huge benefit for the citizens of European countries to be able to travel around for the purpose of experiencing the cultural richness of other countries. We all did it as younger people. I would like to see it available for the citizens of EU member states and the United Kingdom. I thank all Members for their contributions. Now, we have to go to the Seanad, which I think will be done next week. If we can opt in, negotiations will begin between the Commission and the United Kingdom. I hope it will be the case that we can reach agreement in this respect so there is this youth experience scheme. If we get agreement, we will be back before this House which will then have to approve it.

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Go raibh maith agat, a Chathaoirleach Gníomhach.

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