Tommy Broughan (Dublin North East, Labour)

Another issue highlighted by my colleagues in last year's debate on the EU-US agreement is the time period of data retention which is three and a half years for active data and then a further two year period where the data will be archived and may be accessed. What is the basis for retaining personal data for up to five and a half years? The agreement also mentions a joint periodic review, provided for under article 9, and amendments to the agreement under article 11. What is the timeframe for this review? Reference is made to four years in the main document.

It is clear that the Minister should have insisted on a clear and strong role for the Oireachtas in monitoring and invigilating the operation of this and the previous US-EU passenger name records agreement. Last year during the debate on the EU-US agreement, my colleague Deputy Róisín Shortall highlighted a very important report that was prepared by a committee in the House of Lords in the UK on passenger name records agreements. This Westminster report flagged a number of concerns including the need for airlines to inform passengers about what happens to their personal information, the need to maintain public confidence by maintaining individual liberty in the context of the introduction of any new counter-terrorism measures and the inclusion of a full list of data that is permitted to be collected so there should be no vague and open ended statements that will allow for further measures to be undertaken that were not specifically outlined in the original agreement. Does the Minister of State agree the theme of the report is a useful template for this type of agreement with another country? Will all passengers be informed of what is happening to their personal data under this agreement? I referred to the Australian legislation. How come Irish, EU or Slovenian legislation is not referred to?

Deputy Shortall also highlighted the views of the European Data Protection Supervisor on 27 June 2007 when the supervisor warned that European data protection rights were at risk under the EU-US agreement. I will support the agreement on behalf of the Labour Party and the objectives of enhancing air travel security and co-operation between the EU and our friends and colleagues in Australia in the area of crime and justice, particularly given the deep and historic ties between our two nations.

I wish to register the strongest protest possible at the manner in which the business was brought before the House. It is ridiculous and unacceptable. Some day the Opposition will walk out. The Government can have the House to itself if it is not prepared to do business in a democratic manner.

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