Dáil debates

Tuesday, 19 April 2011

Passenger Name Record Data: Motion

 

5:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

I thank the Deputies who contributed to the debate. I particularly thank Deputy Dara Calleary who has taken a balanced and considered approach to the motion and who has indicated his support for it. The subject of the motion is a proposal to facilitate us in opting into discussions in Europe in respect of an important measure. The discussion in respect of this measure will not only occur at Council of Ministers level, it will also take place in the European Parliament.

I was taken by the extent to which the Deputies who disagree with this proposal seem to believe the information to which it relates is of no particular relevance. I will provide two examples of circumstances in which PNR data have been usefully employed. They were used recently in the case of Mr. David Headley, the terrorist facilitator convicted of involvement in the Mumbai attacks. By using details of the suspect's first name, a partial travel itinerary and details of a vague travel window and entering this intelligence into the PNR database, the suspect's full name, address and passport number were obtained. As a result, Headley was arrested and pleaded guilty to terrorism-related charges in the context of the atrocities that took place in Mumbai. Without access to this information, he would not have been brought to justice.

PNR data have also been used in a number of significant transnational organised crime cases, including operations targeting a network involved in trafficking illegal Chinese immigrants to the United Kingdom and Ireland through other EU states. Without the use of this data, the investigation would have taken substantially longer to identify the passengers and link them to the facilitators. PNR data are a crucial and useful weapon in dealing with human trafficking. I suspect that all of the Deputies who oppose this provision would join me in opposing human trafficking and the exploitation that goes with it.

There is no point in opposing things if one does not want to take any measures to counteract them. PNR data are very effective in this context. As stated, such data are being used in countries such as the United Kingdom and Spain, not to the detriment of those who reside in these countries but rather in seeking to provide protection for citizens. The citizens of this state are entitled to the same protection from those who wish to engage in terrorist activities.

I will refrain from responding in respect of the make-believe world which Deputy Richard Boyd Barrett inhabits. The Deputy appears to believe terrorism - regardless of its objectives or origins or the identity of the group such as al-Qaeda engaged in it - is caused by the western world, particularly the United States for which he has an obsessive hatred. A more balanced approach on issues such as this would give more credibility to critiques that are voiced in respect of measures proposed.

As stated, this is one of a number of measures being taken at EU level to support police and judicial co-operation among member states in the context of combating crime. These mechanisms to facilitate co-operation among law enforcement services are an essential means of obtaining the most added value from existing sources of information, not just in the context of pursuing prosecutions against criminals but in respect of the ability to prevent crimes being committed in the first instance.

Under the terms of the proposal before the House, the Garda and customs authorities will have access to the details of passengers on flights entering Ireland from outside the European Union and, ultimately,those relating to passengers on internal EU flights. Information will be shared. The information to which I refer will be vital in tackling crime, serious crime and terrorism and in providing protections in respect of the latter. In respect of the implementation of the proposal, arrangements will have to be made for a unit to be created in the State in order to ensure the information is properly processed and stored and that the exchange of information can occur. The most careful arrangements will be put in place to ensure data protection.

This is a civil rights provision; it does not relate to imposing on the privacy of citizens in an unnecessary manner. The provision involves using basic information to provide citizens with the protection to which they are entitled against organised crime and terrorism in the State and across Europe.

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