Agreements on Transfer of Passenger Name Record Data: Motions
Dail Éireann — 2026-01-28
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Jim O'Callaghan (FF), Dublin Bay South

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.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-01-28/debate/main
Retrieved: 2026-08-14T04:54:34+00:00
Sitting date: 2026-01-28