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 Council Decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, a copy of which was laid before Dáil Éireann on 11th December, 2025. As the Cathaoirleach Gníomhach identified in his introductory comments, I am seeking the approval of the Dáil to opt in to two European Commission proposals. I am seeking the approval of the Dáil to opt in under Article 3 of Protocol 21 of the Treaty of the Functioning of the European Union. The first proposal is for a Council decision authorising the conclusion of an agreement between the European Union and the Swiss Confederation on the transfer of PNR data. The second proposal for which I am seeking the approval of the Dáil to opt in to is in respect of a decision authorising the signing of an agreement between the EU and the Swiss Confederation on the transfer of PNR data. The reason we are here seeking to opt in is that the proposed Council decisions have a Title V legal basis in the area of police co-operation. Their publication by the Commission on the 13 November 2025 triggered a three-month window for Ireland to exercise its opt-in option under Article 3 of Protocol 21, as I mentioned. Deputies may recall that Ireland opted in to the negotiation of this agreement in February 2024. This process of coming before Dáil and Seanad Éireann for the purpose of getting approval for the negotiation, conclusion and signing of the agreement between the European Union and Swiss Confederation signifies the extent to which there is democratic input into decisions proposed by the European Commission that need the approval of the Houses of the Oireachtas. The negotiated agreement has two main aims and components, one relating to the necessity of ensuring public security by means of exchanging PNR data with the Swiss Confederation, and the other relating to the protection of privacy and other fundamental rights and freedoms of individuals. It also includes a joint declaration between the EU and the Swiss Confederation, which will promote mutual co-operation and exchanges of best practice and developments in the field of PNR data between the parties. 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 commercial purposes. It includes such information as names, dates of travel and travel itineraries. It is true that at present we do not have the same ability for people travelling by ferry, but that is being worked on in the European Union. 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 PNR directive, which was transposed into national law via the European Union (Passenger Name Record Data) Regulations 2018. The Irish passenger information unit in my Department is the body responsible for processing PNR data in Ireland. We have already opted in under Protocol 21, as colleagues will be aware, to similar PNR agreements with non-EU countries such as Iceland, Norway, Canada, Australia, the United States and the United Kingdom. In operational and policy terms, it is considered desirable that Ireland exercise an Article 3 opt-in to these proposals so we can participate in the agreed exchange of PNR data when the agreement has been concluded. That would not be available to us if we proceeded with the option of opting in under Article 4, which is an option that can arise after the agreements are concluded by the EU and the Swiss Confederation. I commend these proposals to the House and seek the approval of the motions for the signing and conclusion of the agreement concerned.

Sentiment score: 0.34

I thank Deputies Carthy and Gannon for their contributions. Deputy Carthy raised several issues in respect of Ireland's sovereignty. The fact these issues are being debated in this House, and subsequently will be debated and voted on in the Seanad, indicates Irish democracy is very much at the heart of the consideration of these proposals. There have been three parts to the PNR agreement between the European Union and the Swiss Confederation. First of all, there was a vote by both Houses of the Oireachtas back in 2024 in terms of determining whether we would enter into negotiations between the EU and the Swiss Confederation. Both Houses voted on that and both Houses agreed that we wanted to opt in to the negotiation. Today we are voting on whether we wish to approve the conclusion of that negotiation and then subsequently the signing of the agreement between the EU and the Swiss Confederation. There have been at least six debates in the Houses of the Oireachtas in respect of this ultimate agreement between the EU and the Swiss Confederation. As I mentioned earlier, the EU has entered into PNR agreements with other non-EU countries and, in respect of each or most of them, there has been similar democratic underpinning within Ireland's Houses of the Oireachtas so I think that is very clear evidence that the elected representatives of the Irish people have had a very significant say and vote in respect of each of these stages of these agreements. I listened to what Deputy Carthy had to say on the ceding of sovereignty. I disagree with Deputy Carthy on this. I think the strength of Ireland derives from the fact that we recognise that in order to have strength and influence in this world, one really needs to be part of a multilateral arrangement. That is why Ireland's membership of the EU makes us strong. I do not believe that by becoming a member of the EU, Ireland has in some way reduced its sovereignty. In fact, I think that our sovereignty is as strong as ever but we certainly have increased our influence. We have seen a very recent example on this island and the island beside us, where people decided that they wanted to leave the EU because they thought they would be able to exercise greater sovereignty and greater control over their own affairs. That did not happen. I am very confident that the proposal here has a democratic mandate and I believe the sovereignty of Ireland has been increased and strengthened by our continued support for the EU. Deputy Gannon mentioned issues in respect of PNR data agreements. Obviously, as he will be aware, there are specific rules in respect of the retention of PNR data. It is procured and collected in the first instance solely for the purpose of fighting terrorism and serious crime. He will also be aware that this data has to be processed and controlled in accordance with fundamental human rights. He may be aware that a case was brought to the Court of Justice of the European Union, CJEU, back in 2022 by the Human Rights League in Belgium challenging the PNR directive that had been brought in by the EU. The CJEU upheld the PNR directive. Issues concerning fundamental rights are at the heart of the PNR directive. It has gone to the CJEU and the court has recognised the validity of it because it is consistent in protecting the fundamental rights of individuals. When it comes to the agreements between the EU and other entities around the world, we have to be able to enter into agreements with countries such as Switzerland and Canada. If we cannot enter into agreements with countries as benign as those two countries, we are going to find ourselves in a very difficult position. I appreciate and welcome the fact that Deputies Gannon and Carthy are supporting this proposed conclusion and signing of the agreement with the Swiss Confederation. I would also look for them to express similar support when it comes to the agreement between the EU and Canada, which is really a fundamental agreement. We should be able to enter into an agreement with a country as benign as Canada when it comes to ensuring that trade operates effectively between the EU and Canada.

Sentiment score: 0.35

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 Council Decision on the signing, on behalf of the European Union, of the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, a copy of which was laid before Dáil Éireann on 11th December, 2025.

Sentiment score: 0.37