Frances Fitzgerald (Dublin Mid West, Fine Gael)
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This was discussed in the European Parliament and the arguments the Deputy is making were also considered by it. It felt that, on balance, the proportionality test had been agreed and worked through. It might be helpful to point out that Article 40 provides that by 20 July 2018 and every four years thereafter the Commission shall produce an overall evaluation of Eurodac, examining the results achieved against objectives and the impact on fundamental rights, including whether law enforcement access has led to indirect discrimination against persons covered by the regulation, and assessing the continuing validity of the underlying rationale and any implications for future operation, and shall make any necessary recommendations. The Commission will transmit the evaluation to the European Parliament and the Council. From the Government's point of view, this is a built-in evaluation of how it works in practice. Therefore, we are recommending it.

The Government agreed this during our EU Presidency, and the Council and the European Parliament have discussed it. There are a number of safety measures built into it and there is the review of how it works. On that basis I am happy to recommend it and I am anxious to convince the committee that we should support it. It is very important that we exchange this type of information, appropriately and with appropriate safeguards.