Noel Ahern (Dublin North West, Fianna Fail)

No, it is not, but both Australia and Slovenia have shown great interest in the matter.

Irish-Australian relations go back for many generations and a sizeable number of Australians claim Irish ancestry. The descendants of the many Irish men and women who settled in Australia have played a significant role in that country's economic, social and political developments. While these links of kinship are the bedrock of the relationship between our two countries, there are also strong contemporary links which ensure that the relationship continues to prosper.

While Ireland has a bilateral air services agreement with Australia, no Irish or Australian carrier has yet sought to provide direct air links between Australia and Ireland under that agreement. However, I am hopeful that this will change at some stage in the future. In the meantime, Irish people continue to travel to Australia to pursue opportunities there through a variety of different routes and with a number of different carriers, including European carriers. In addition to those Irish people who have chosen to make their home in Australia and who have found work there in a wide variety of sectors, the Irish are enthusiastic participants in the working holiday visa scheme. Since its introduction in 1985, at any given time some 13,000 young Irish people are availing of the scheme to spend 12 months working and travelling in Australia. They return to Ireland richer for the experience. In recent years, approximately 3,000 Australians have visited Ireland each year on the working holiday scheme.

The agreement that is before the House today follows a similar agreement with the United States that was approved by both Houses last year. The events of 11 September 2001 and terrorist attacks in other parts of the world have made us more aware than ever that terrorism is a global problem. The events of September 11 highlighted particular vulnerabilities relating to air travel and aviation generally. Enhanced security at airports worldwide is now part and parcel of the experience of air travel. The US authorities and now the Australian authorities have identified the potential of passenger name records, PNR, data to play an important role in the fight against terrorism and other transnational crimes leading to the negotiation of agreements with the EU on the processing and transfer of PNR data.

The agreement will provide legal certainty for air carriers and EU-based reservation systems to transfer EU PNR data to the Australian customs service in full compliance with EU data protection law. It will be valid for a period of seven years, thus ensuring legal certainty for EU air carriers and reservation systems for a considerable period. The agreement only applies to EU-sourced PNR data for those passengers travelling to, from or via Australia. It contains important commitments by Australian customs service on the handling of EU PNR data in full respect of EU data protection law. Under the agreement, Australia undertakes to ensure that the Australian customs service complies with its commitments regarding the processing of EU PNR data.

The purposes for which EU PNR data may be processed by the Australian customs service is strictly limited under the agreement to preventing and combating terrorism and related crimes; serious crimes, including organised crime, that are transnational in nature; and flight from warrants or custody for these crimes. Except during an initial two year transition period, the Australian customs service will be able to access EU PNR data only on the basis of the transmission to it of that data. This is commonly referred to as a push system. In the transition period the existing Australian PNR system will be used which operates on the basis of a pull system, whereby the Australian customs service accesses data directly from reservation systems. However, this method will be used only for this strictly limited period.

The protection of personal data under the agreement and the rights of individuals seeking access to and correction of their personal data applies, irrespective of the nationality or place of residence of the data subject. The agreement ensures that commitments both in the main body of the agreement and its annex are binding upon Australia by explicitly referring to those assurances, compliance with which is necessary to ensure an adequate level of protection of EU PNR data. This precludes national data protection authorities from taking a different view on the level of data protection, thus ensuring a harmonised approach at EU level and providing legal certainty.

The agreement provides for a joint periodic review of its implementation by the European Union and Australia and may be terminated by either party at any time. In the event that a European Union PNR system is implemented, the agreement shall be reviewed. It is noteworthy that the agreement provides that the EU member state data protection authorities may suspend the flow of EU PNR data to the Australian customs service in particular circumstances where there is a substantial likelihood that the standards of protection set out in the agreement are being infringed.

The annex to the agreement forms part of the agreement and, like the agreement, is legally binding. The annex contains several key elements, including the provision that the Australian customs service will only disclose EU-sourced PNR data on a case by case basis and in response to a written request from one of the five Australian authorities listed in the schedule to the agreement. Disclosure, whether to these Australian authorities or to specified authorities of third countries, is subject to the strict purpose limitation of the agreement. The annex also provides that bulk data may be disclosed to the five Australian authorities listed in the schedule to the agreement, provided these are first rendered anonymous so that they contain no personal data. The types of data that can be collected, which comprise 19 different data elements, are set out. Any personal data included within EU PNR data which may indicate racial or ethnic origin, political opinions, religious beliefs, trade union membership and data concerning health or other sensitive data, shall be filtered out and deleted by Australian customs. The Australian customs service will ensure that its EU PNR transfer requirements are judicious and proportionate so as not to be an excessive burden on air carriers and reservation systems.

The agreement provides for a data retention period of three and a half years for active data, followed by a further two year period during which the data will be archived and may only be accessed on a case by case basis for investigative purposes. Active data would be PNR data which could be used for identifying high-risk passengers and establishing travel patterns. Archived data will no longer be used unless needed to reply to an identifiable case, threat or risk. Data relating to ongoing prosecutions or investigations may be retained until these are concluded. The agreement provides for a separate data retention period of five and a half years for data rendered anonymous, enabling Australian customs to use the data for the purposes of establishing statistics, profile building, and so forth. The annex confirms that under Australian law administrative, civil and criminal enforcement measures are available to all data subjects irrespective of nationality or place of residence, for violations of Australian privacy laws and rules and for unauthorised disclosure of information.

I am very conscious that there is a balance to be struck between public security considerations and privacy rights of the individual citizens in this type of agreement. The European Commission, in line with the mandate it received from the member states, sought to strike the balance in the negotiations with the Australian authorities. I believe it succeeded in achieving that objective and that the agreement contains significant checks and balances.

As I said earlier in reference to Deputy Broughan's comments, it is regretted that the recent conclusion of the negotiations on the agreement combined with the scheduling of the European institutions and the Houses of the Oireachtas has not afforded Members more time to consider this issue. As I said, that was raised this morning and it has been explained that Australia is keen to get it through. It was one of the items the Slovenian Presidency was anxious to try to push through as well. With those points in mind, we are seeking the co-operation of Members. I commend the motion to the House.

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