Jim O'Callaghan: Seeks Dáil Vote to Resume UK Vehicle Data Swap

Today I'm seeking the approval of Dáil Éireann to opt in to a commission proposal for a council decision to allow Member States of the European Union to resume the automated searching and matching of vehicle registration data, as it's known, VRD, to the United Kingdom. This proposal comes within Title 5 legal basis and as a result of that it triggers Ireland's right or discretion to opt in under Protocol 21, annexed to the Lisbon Treaty, and I'm seeking to advise the House and seek the support of the House for an Article 3 opt-in, which must be completed by the 30th of April of this year. I must emphasise that this is not a new capability. Under the pruned decisions by which Ireland is bound, participating EU Member States can search and exchange DNA, fingerprints and vehicle registration data with other Member States via automated means for the purpose of preventing and investigating criminal offences. Following the UK's withdrawal from the European Union, the EU-UK Trade and Cooperation Agreement was signed and concluded. It includes provisions on VRD exchange, which required the United Kingdom to undergo an evaluation process before the exchange of VRD could be resumed with all Member States, including Ireland. This evaluation process has now been successfully concluded. The unilateral declaration presented as an annex to the proposal will determine the date from which Member States may resume the supply of vehicle registration data to the United Kingdom. The date will be determined once the Council decision is adopted and the desire from all parties is to see that resumed as soon as possible. Vehicle registration data includes the personal data of drivers, owners and operators of vehicles and details of those vehicles, such as the make, model, colour, licence plate and chassis number. In Ireland, these details may be supplied to other participating States from the National Driver and Vehicle File. The relevant national legislation is the Vehicle Registration Data, Automated Searching and Exchange Act 2018, which designated the Minister for Transport as the national contact point. I understand that Minister O'Brien will amend the 2018 Act by way of statutory instrument to include reference to the Trade and Cooperation Agreement. His Department is engaging with the Office of Parliamentary Counsel in this regard. The proposed Council decision has a Title V legal basis in the area of police cooperation. Its publication by the Commission on 30 January 2026 triggered the three-month window for Ireland to exercise an opt-in under Article 3 of Protocol 21, an axe to the Livest Bond Treaty. This window ends on 30 April this year. Legal advice from the Attorney General has confirmed that a Protocol 21 opt-in is required to satisfy Article 29.4.7 of Bunroch na hÉireann, and to guard against the risk of legal challenges to criminal proceedings where VOD is utilised in the future. Ireland successfully negotiated additional recital language to better reflect our Protocol 21 rights and our sovereignty in the area of freedom, security and justice. This proposal will promote enhanced police cooperation between Ireland and the UK, our shared border and ferry transport links mean that it is imperative that the competent authorities in both jurisdictions have access to this information exchange mechanism. In operational and policy terms, it is considered desirable that Ireland exercise an Article 3 opt-in to these proposals so that we can again supply vehicle registration data to the United Kingdom and receive that data from them in return. I therefore commend this proposal to the House and seek the approval of the motion to participate in this Council decision.