Senator Robbie Gallagher: I move:

That Seanad 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 Directive of the European Parliament and of the Council on combating firearms trafficking and other firearms-related offences and amending Directive (EU) 2024/1260 of the European Parliament and of the Council,

a copy of which was laid before Seanad Éireann on 18th March, 2026.

Minister for Justice, Home Affairs and Migration (Deputy Jim O'Callaghan): I thank the Seanad for facilitating this motion today. I am here to address the Seanad with respect to Ireland's proposed opt-in to a new EU proposal for a directive on combating firearms trafficking and other firearms-related offences. Ireland has an option to opt in to individual proposals in the area of freedom, security and justice, as provided for in Article 3 of Protocol 21, annexe to the Treaty of the Functioning of the European Union. An Article 3 opt-in must be done within three months of publication. The advantage of Article 3 as opposed to Article 4 is that it gives us an opportunity to be party to and part of the negotiations, whereas Article 4 is an opt-in after it has been adopted, so we cannot have any say in respect of how the legal instrument develops.

Protocol 21 provides that Ireland has three months from the date a proposal is presented to the Council to notify the Presidency of its wish to take part in the negotiation, adoption and application of the measure. The exercise of this opt-in is subject to the approval of both Houses of the Oireachtas, with the three-month period for this proposal ending on 23 June 2026. We have brought this proposal to the Houses for consideration as swiftly as has been possible. Ireland can also accept a proposal at any time after it has been adopted - that is under Article 4 - 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. Opting in to this proposal now represents 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.

The aim of this proposal is to create a common EU criminal law framework to combat the illicit trafficking, manufacture, possession and distribution of firearms. It has been proposed as a measure to counter the threat posed by organised crime, terrorism and emerging technologies, such as 3D-printed weapons. The European Commission's proposal will introduce common definitions of firearms offences and penalties, support stronger co-operation and improve the collection and use of data.

As we are all aware, illicit firearms pose a serious threat to the safety of all EU citizens. They enable a wide range of serious and organised crimes, including drug trafficking, robbery and gang violence. The issue has intensified due to geopolitical events in geographical proximity to the Union. There is a high risk that the surplus of weapons from ongoing conflicts, such as the one in Ukraine, will leak into illegal markets. An Garda Síochána has discussed this matter with me. It is an issue we have to be constantly vigilant for.

Key challenges that have been identified and which further the facilitation of illicit firearms trafficking include the technological shifts creating the possibility of online dissemination of 3D printing blueprints and the large gap in data and reliable comprehensive statistics making it more challenging for law enforcement and policymakers to assess the scale of this threat. Despite this, firearms trafficking has been consistently identified as a major internal security threat to the EU. As well as the need for harmonisation of criminal standards being highlighted in the 2025 ProtectEU internal security strategy, there are significant differences in how firearms-related crimes are defined and punished across the member states. This lack of harmonisation hinders cross-border co-operation and complicates investigations.

The proposal I am bringing before the Seanad today seeks to target intentional acts involving illicit firearms and does not propose to change existing EU rules on the legal acquisition, possession and cross-border movement of legal firearms. The directive aims to protect EU citizens from the threat of illicit firearms by reducing the number of illegal weapons and related criminal activities. The proposal will harmonise definitions and penalties in respect of criminal offences, including the trafficking, manufacturing and possession of illicit firearms. Under the proposed directive, each member state will be obliged to establish a national firearms focal point to facilitate co-ordination and co-operation between the competent authorities. Harmonised EU-level action will also support broader security goals as firearms crimes are closely linked to terrorism, money laundering, drug trafficking and other types of organised crimes.

In Ireland, we already have robust legislation safeguarding the use of firearms through the Firearms Act 1925, although that Act could probably do with modernisation. However, this directive represents the first firearms trafficking measure at EU level. This legislation will remove the fragmentation that exists across the EU to provide for harmonisation. The views of the Attorney General have been sought on this directive. The advice has confirmed that there are no legal or constitutional obstacles to Ireland opting in to this directive. In light of this, I urge Members of the Seanad to support this proposed opt-in.
Acting Chairperson (Senator Teresa Costello)
 
Before we proceed, I welcome members of the Roscommon Older People's Council executive, who are guests of Deputy Martin Daly and Senator Gareth Scahill, their local Senator. I will also pass on commiserations to Paddy Joe Burke on Roscommon's loss.

Senator Robbie Gallagher: Cuirim fáilte roimh an Aire. I welcome our good friends from Roscommon to the House this afternoon. I promise that I will not mention the football match against Monaghan last weekend. Beidh lá eile acu.

On behalf of Fianna Fáil, I welcome and support the motion the Minister has put forward. The proposed firearms trafficking directive aims to introduce an EU-wide framework with common definitions for firearm offences and penalties, support stronger co-operation between member states and improve the collection and use of data. The proposal is intended to combat illicit firearms trafficking and other firearms-related offences across the EU.

While existing EU legislation regulates the lawful acquisition, possession, import and export of firearms, there is currently no EU-wide framework establishing common criminal offences and penalties for illegal firearms activity. The Commission noted that illicit firearms continue to pose a significant threat to public security, facilitating organised crime, drug trafficking, robbery and gang violence. Emerging risks include the spread of 3D printing technology, which can be used to manufacture firearms, and the potential diversion of weapons from conflicts near the EU into criminal markets....

[Read the full debate on the Oireachtas website]

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Dáil Éireann debate. EU Directive on Combating Firearms Trafficking: Motion. 17 June 2026

Minister of State at the Department of Justice, Home Affairs and Migration (Deputy Catherine Ardagh): 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 DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating firearms trafficking and other firearms-related offences and amending Directive (EU) 2024/1260 of the European Parliament and of the Council,

a copy of which was laid before Dáil Éireann on 18th March, 2026.

I thank the House for facilitating this motion. I welcome the opportunity to address the Dáil on 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. 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, adoption and application of the measure. The three-month period for this proposal ends on 23 June 2026. The exercise of the 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 can 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 in to this measure in relation to firearms trafficking provides an important opportunity for Ireland to reiterate our commitment to tackling illicit firearms, the trafficking of which poses a serious threat to both our 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 with common definitions of firearms offences and penalties, support stronger co-operation 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 co-operation between member states.

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 in 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 that further the facilitation of illicit firearms trafficking are the technological shifts creating the possibility of online dissemination of 3D-printing blueprints. The large gap in data and reliable, comprehensive statistics also make it more challenging for law enforcement and policymakers 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 ProtectEU 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 co-operation, complicates investigations and prosecutions, and reduces the overall effectiveness of law enforcement against firearms trafficking and its related offences.

I will provide more detail about the specific elements of the measure that is under discussion. 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 licit 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 removing or altering of mandatory firearm markings, and the illicit creation, acquisition, possession and dissemination of 3D printing of firearms.

Under this proposed directive, each member state will be obliged to establish a national firearms focal point to facilitate co-ordination and co-operation between the competent authorities. This directive will also strengthen data collection on seized firearms, which will enhance the capabilities of law enforcement officers and policymakers. It will allow for better resource allocation and it will enhance threat and policy evaluation.

Harmonised EU-level action will also support broader security goals, as firearms 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 co-ordinated 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 legislation will remove the fragmentation that exists across the European Union to provide for harmonisation, thus enhancing cross-border co-operation, 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 in to 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 in 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.....

[View the full debate on the Oireachtas website]