Catherine Ardagh: Seeks Opt-in to EU Firearms Trafficking Directive

Thank you to the House for facilitating this motion today. I welcome the opportunity to address the Dáil and Ireland's opt-in to a new EU proposal for a Directive on Combating Firearms Trafficking and Other Firearms Related Offences. Ireland has an option provided for in Article 3.1 of Protocol 21, annexed to the Treaty of Lisbon, to opt-in to individual proposals in the area of freedom, security and justice. In the Protocol 21 opt-in procedure, the Protocol provides that Ireland has three months from the date a proposal is presented to the Council to notify the Presidency of the Council of its wish to take part in the negotiation, adaptation and application of the measure. The three-month period for this proposal ends on 23 June 2026. The exercise of this opt-in is subject to the approval of both Houses of the Oireachtas, so it has been necessary to bring this proposal to the Houses as swiftly as possible. Ireland could also accept a proposal at any time after it has been adopted, but in such cases Ireland will not have been in a position to vote on the final content of the proposal. It must also be noted that Ireland made a declaration appended to the Treaty of Lisbon of its intention to opt-in to measures in the area of freedom, security and justice to the maximum extent it deems possible. The EU has previously adopted several instruments regulating the legal acquisition and possession of firearms. Opting into this measure in relation to firearms trafficking provides an important opportunity for Ireland to reiterate our commitment to the importance of tackling illicit firearms, the trafficking of which poses a serious threat to both our own and our European neighbours' security and beyond. On 26 February, the European Commission put forward this proposal with the intention to combat firearms trafficking and other firearms-related offences. The aim is to introduce a EU-wide framework where common definitions of firearm offences and penalties support stronger cooperation between Member States and improve the collection and use of data. The proposal also closes the gap when it comes to the misuse of 3D printing for illicit weapons production and includes an obligation for Member States to establish a national firearms focal point to better enable operational cooperation between Member States. As we are all aware, illicit firearms pose a serious threat to the security of all EU citizens. They enable a wide range of serious and organised crimes including drug trafficking, extortion, robbery and gang violence. The issue has intensified due to geopolitical events and geographical proximity to the Union. There is a high risk that the surplus of weapons from ongoing conflict such as the one in the Ukraine will leak into illegal markets. Key challenges that have been identified which further the facilitation of illicit firearms trafficking are the technological shifts creating the possibility of online decimation of 3D printing blueprints. The large gap in data and reliable comprehensive statistics also make it more challenging for law enforcement and policy makers to assess the scale of this threat and identify possible solutions. Firearms trafficking has been consistently identified as a major internal security threat to the EU. The necessity for harmonisation of criminal standards has been highlighted in both the 2025 Protect EU Internal Security Strategy and the new counter-terrorism agenda. However, there are significant differences in how firearms related crimes are defined and punished across the Member States. This lack of harmonisation hinders cross-border cooperation, complicates investigations and prosecutions and reduces the overall effectiveness of law enforcement against firearms trafficking and its related offences. I would like to provide more detail now about the specific elements of the measure that is under discussion today. The directive aims to protect EU citizens from the threat of illicit firearms by reducing the number of illegal weapons and related criminal activities, harmonising firearms offences and penalties and improving data quality and availability. The proposal targets intentional acts involving illicit firearms and does not propose to change existing EU rules on the legal acquisition, possession and cross-border movement of illicit firearms. The proposal will harmonise the definitions and penalties of criminal offences to include the trafficking, manufacturing or possession of illicit firearms, the falsifying or illicitly or illicitly removing or altering mandatory firearms markings and the illicit creation, acquisition, possession and decimation of 3D printing of firearms. Under this proposed directive each Member State will be obliged to establish a national firearms focal point to facilitate coordination and cooperation between the competent authorities. This directive will also strengthen data collection on seized firearms which will enhance the capabilities of law enforcement officers and policy makers. It will allow for better resource allocation and will enhance threat and policy evaluation. Harmonised EU level action will also support broader security goals as firearm crimes are closely linked to terrorism, money laundering, drug trafficking and other types of organised crimes. As firearms trafficking continues to worsen we are committed to combating this challenge through a coordinated and coherent approach. To do this we must ensure our legislative measures are fit for purpose. In Ireland we have robust legislation safeguarding the use of firearms through the Firearms Act 1925, however this represents the first firearms trafficking measure at EU level. This piece of legislation will remove the fragmentation which exists across the European Union to provide for harmonisation, thus enhancing cross-border cooperation, criminal investigations and prosecutions. The ultimate goal is to safeguard citizens and ensure that serious criminality is disrupted and punished. The views of the Office of the Attorney General have been sought on this directive. The legal advice confirmed that there are no legal or constitutional obstacles to Ireland opting into this directive. Naturally, given the importance of this issue, officials from my department will continue to participate actively in the negotiations at working party meetings and engage with other departments and agencies to ensure the final text of the directive works well for Ireland and the EU as a whole. As part of Ireland's presidency responsibilities, senior officials in my department will be leading on the negotiation of the measure as it progresses in Brussels. By opting to the measure, we will join our European colleagues to help fight this collective challenge. The Government has no hesitation in commending this motion to the House.