Bernard Durkan (Kildare North, Fine Gael)

Coming at this time, I believe the debate is meant to give an opportunity to those on this side of the House to inquire as to whether the same thinking exists as was the case one, two or three months ago.

Members recognise fully there is a threat, that it applies across Europe and can come when it is least expected or suspected, as can be seen from recent events in the United Kingdom. Nonetheless, Members should be equally vigilant to ensure that our rights are not eroded to the extent that we become prisoners ourselves or part and parcel of the system we are trying to defeat.

As time passes, more data are collected on individual citizens than ever before. Banks have such information. Moreover, many institutions possess such data illegally and the extent of the information they possess has no bearing on their purposes for storing it. As for the Data Protection Commissioner etc., all Members are familiar with the restrictions in place in this regard that must be observed. Notwithstanding that, much extant information is being collated, gleaned, put together and so on. This is not necessarily beneficial nor in the interests of the preservation of freedom.

I was a member of the group that drew up the European Charter of Fundamental Rights nearly ten years ago. It anticipated potential future scenarios and the necessity to observe, in both letter and spirit, the fundamental rights as set out in the charter, which would be clearly understood. There have been some developments in this regard subsequently and in recent weeks in particular. From what one can gather, the most recent agreement arising from the summit is a mixture of a watered-down version of what existed previously and what others would like to have. The Chair, who is an avid observer of European affairs, will be aware that although its final shape is still unknown, Members will be obliged to vote on it eventually.

Although the proposed European constitution was defeated in two countries, people continued to forge ahead as though nothing had happened. At the time I thought that since there was such strong opposition, it would require a full review and possibly a redrafting. However, I do not believe that what is available is going in that direction.

My colleague, Deputy Allen, mentioned the threat of terrorism, as well as the threat of the misuse of our coastline and its vulnerability. In the past number of years, I have had the dubious pleasure or privilege of tabling parliamentary questions in this regard. Coastal surveillance has been a particular bugbear simply because Ireland is especially vulnerable due to its extremely long coastline and countless harbours and inlets. Given the procedures in place at present, it is difficult to monitor fully events along the coastline. While this applies to drug smugglers, dealers, carriers and barons, it also can apply to those with terrorist intentions, be it by air, sea or land. As they become more sophisticated in their efforts to disrupt life as we know it, we must be more careful about how to combat them.

When combatting terrorism, it is equally important not to erode the rights of those whom Members are trying to protect. Throughout the ages, history has taught that whenever Administrations have fallen into the trap of eroding the rights and civil liberties of those they were trying to protect by introducing regulations against a clearly visible, real and intentional threat, a proper balance was essential. The liberties of our citizens must be protected and I wished to draw attention to the necessity for balance.

As Ministers, Ministers of State and other Government personnel waft their way towards Ballybrit, which I am sure they will do shortly — if this weather continues, they might sail towards Ballybrit — I hope the weather there is dry and that nothing interrupts the general jollification of the multitudes that one assumes will take place. We hope the Green Party, the Independents, Fianna Fáil, the Progressive Democrats and everyone congregated under one tree or tent will cast their minds over everything they said and everything they did not do despite, having promised otherwise a short time ago. We hope they will strike their breasts, say——

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