Dáil debates

Wednesday, 25 June 2008

EU-Australia Agreement: Motion

 

4:00 pm

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)

I do not suggest that one day earlier makes it okay and I regret it. It was due to a combination of factors outside our direct control. Negotiations concluded in May and the justice and home affairs Ministers agreed a general approach at their meeting on 5 and 6 June, pending the lifting of parliamentary reserves by member states. The final text became available on 10 June. I am not sure what happened day by day since 10 June but it went to Cabinet for decision yesterday.

The Slovenian Presidency and the Australians are keen to have it up and running as soon as possible. This is the first occasion on which Slovenia has held the Presidency of the EU and it listed this matter as one of the transport items it wanted to achieve during the Presidency. We are trying to help it as a small nation holding the Presidency for the first time.

Deputy Durkan mentioned Parliament having less and less importance and respect. Many other countries are not running into the same problem because this will not be approved by the parliaments in those other countries. In a way our system, due to the Constitution, provides us with a role to be involved. One might thank God it is due to the Constitution and not me or the Government. This was not deliberate and to my knowledge nobody blackguarded the Deputies, held back or delayed anything. From 10 June to yesterday is probably reasonably fast in the context of how long these matters can take.

In recent years, attacks have brought home to people the dangers of terrorism. It appears that even if the US was first in line, followed by Australia, the danger of terrorism will mean that over the coming years various countries or blocs of countries will introduce such a form of advance notice of people travelling. Accepting the dangers and matters which can go wrong, it will be part and parcel of air travel.

Deputy Broughan asked about an EU scheme. The EU draft framework decision on PNR, which is under negotiation, provides for the sharing of PNR data with law enforcement authorities in the EU. When the EU PNR system is in place, the transfer of PNR data will be reciprocal.

This is a complex and sensitive subject. We all recognise the need to strike a balance between public security considerations and the need to protect the rights of all our respective citizens. The agreement tries to achieve this objective. It provides important protections for EU PNR data and avenues of redress for persons seeking information on or correction to PNR data and this is a welcome development.

The agreement will be subject to periodic review by both parties and can be terminated by either side. If data protection authorities in the member states have substantial concerns that the standards of protection set out in the agreement are being infringed, they many suspend the flow of EU PNR data to Australia.

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