European Convention on Mutual Assistance in Criminal Matters: Motion
Seanad Éireann — 2025-12-16
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Jim O'Callaghan (FF), Dublin Bay South

I thank the Seanad for taking this motion. It is before the House to permit Ireland to opt into an EU proposal for a Council decision authorising member states to sign, in the interest of the European Union, the third additional protocol to the European Convention on Mutual Legal Assistance in Criminal Matters.
The third additional protocol is not a protocol of an EU legal instrument; it is an international agreement under the auspices of the Council of Europe. Only sovereign states - not the EU as a supranational entity - can sign it. Consequently, the EU cannot ratify the protocol. Instead, its mechanism is to authorise member states to sign it in the EU's interests.
I am looking for the House's agreement to opt in, pursuant to Protocol No. 21. Members will be aware that the protocol provides that Ireland has three months from the date of a proposal's publication to notify the Presidency of the Council of its wish to take part in the negotiation, adoption and application of the measure. It is subject to approval by both Houses of the Oireachtas. As this proposal was published on 17 September, we have until 17 December to get that approval. We got the approval of the Lower House last week.
It is important to state that we are seeking to opt in under Article 3. The article emphasises Ireland's commitment to strengthen the ability of states to respond effectively to crime by improving and supplementing the mutual assistance procedures set out in the European Convention on Mutual Assistance in Criminal Matters, as well as the first three protocols.
The third additional protocol was drafted by the Council of Europe's committee of experts on the operation of European conventions on co-operation on criminal matters and draws on lessons from the Covid pandemic and the growing reliance on digital tools in international judicial co-operation. Member states, including Ireland, participated in and contributed to its development. The protocol enhances the ability of member and partner states to tackle crime effectively in a rapidly evolving, political, social and technological landscape.
It supplements the original convention and its first two protocols, adapting them for today's challenges. Key improvements include the simplification and acceleration of mutual legal assistance procedures, a broader scope for requesting assistance, expanded use of electronic communications and videoconferencing, authorisation of technical surveillance tools, and the introduction of time limits.
Ireland supports the third additional protocol and views it as an invaluable instrument for strengthening mutual legal assistance in criminal matters. While further technical and policy work is needed before Ireland is in a position to sign and ratify the measure, it is anticipated that Ireland will be able to do so as soon as is practicable.
The proposal seeks to authorise member states to sign the third additional protocol. In fact, it was already open for signature at the conference of ministers for justice in Valletta, Malta, in September this year. Sixteen states have signed. In circumstances in which many have already signed, member states have questioned the necessity for this Council decision and the Commission's competence with respect to the measure. Member states have expressed significant concerns as to the approach taken by the Commission and the precedents this may create in the future. This issue will form the substance of negotiations as the measure is discussed in Brussels in the coming months.
Ireland very much shares these concerns and, therefore, it is essential that we have a credible and influential voice at the table in these negotiations. That is best achieved by opting in now to the proposal under Article 3. The Department of justice requested advice from the Attorney General’s office regarding the implications of a proposed decision to opt in to this proposal. The Attorney General did not indicate any constitutional or legal impediment to an opt-in under Article 3 or Article 4 in the written advices, although the wider issue of the lack of clarity as to the Commission's competence in exercising its powers with respect to this international agreement is raised. These are matters that we will raise in negotiations in Brussels, along with any other issues that arise, to ensure that the final text of the Council decision works well for Ireland and the EU as a whole.
Obviously, criminal activities continue to evolve and are becoming increasingly cross-border in nature. That is why it is so important that we sign up to the third additional protocol. It will support Council of Europe member states to combat crime.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2025-12-16/debate/main
Retrieved: 2026-08-14T04:54:28+00:00
Sitting date: 2025-12-16