Jonathan O'Brien (Cork North Central, Sinn Fein)

In principle, we are not opposed to the sharing of information or enhanced co-operation in combating serious crime. However, it is important that the rights of the individual be respected and upheld. For this reason, proper procedures and safety mechanisms need to be put in place. Greater clarity concerning the agreement is also required. For instance, we need to know what exactly is being shared, with whom, who is responsible for the data once they have been shared, who the contact points are, how the deletion of information takes place, who is responsible for its deletion and how the country that supplies the information can know that the other participant to the agreement has deleted the information. Possible amendments to the agreement have been mentioned. We need to know whether they will be presented to the committee and the House before they are agreed.

Article 7 relates to national contact points. In Ireland, the Garda will be the contact point. Who will be the contact point in the US? Will it be the CIA or Homeland Security? We do not know who it will be. Nor do we know what safeguards are being put in place to ensure the information we share is used for no other reason than that which is proposed in the agreement. We have no guarantee and no way of checking that the information we share will be deleted after the proposed timeframe.

The list of data to be shared is long and includes surnames, aliases, the spelling of names, current and former nationalities and dates and places of birth. We will be handing over a great deal of information to America, yet there is no indication as to who will be responsible for it and for what it will be used. On Committee Stage, I raised the question of Article 13 with the Minister. It refers to preventing serious threats to public security, but nothing in the agreement defines what constitutes a serious threat. This matter needs to be explained. The timeframes pose an issue. The right of the individual to correct the information supplied needs to be addressed.

For all of these reasons, we will not support the motion. It goes far beyond sharing information for the purpose of combating serious crime. We cannot support it.

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