Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

For all of these reasons, at a minimum, we seek the following: a guarantee that there will be no latent development of additional SIS-II functions to allow even more agencies access to extend the purposes for which data obtained from SIS-II may be used and the types of information that will be uploaded; sufficient safeguards against function creep towards "fishing expeditions" as opposed to the current "hit or no hit" and towards biometric searches without judicial authorisation instead of simple verification functions; and full respect for and enforcement of data protection rights.

Current EU justice policy is fixated on security to the detriment of freedom, justice and rights. This fixation is embodied by the set of draconian measures that make up the so-called EU anti-terrorism roadmap, including the common definition of terrorist offences and terrorist blacklists, the Schengen security database, the EU arrest warrant, and the establishment of joint investigation teams.

Sinn Féin opposes ongoing attempts to create an EU security and surveillance super-state in the name of the so-called war on terrorism, because we do not believe that any approach which involves draconian measures will make people or communities in Ireland or the EU any safer. We believe that security and human rights are indivisible and we will challenge the EU securocrat agenda. We will continue to oppose actively the evolving EU surveillance state, including such measures as universal mandatory data retention and the introduction of biometric identifiers on passports, visas and residency permits. The so-called EU anti-terrorism roadmap and related measures should be scrapped and replaced with a human rights-compliant strategy based on a human security approach, that is, one that seeks to prevent and resolve conflict by recognising and resolving the root causes of conflict.

There are additional concerns over data protection. We know that Europol can enter into agreements with third countries. There are two classes of agreement: organisational agreements and strategic agreements. Organisational agreements exist where the European Council has given approval for transfer of classified information and personal data because it is satisfied the country has adequate arrangements for handling and protecting such data. Organisational agreements exist with Australia, Canada, Croatia, Iceland, Norway, Switzerland and the United States. While quite stringent data protection guidelines are being developed within the EU - although in Ireland the data protection infrastructure is under some pressure to meet its responsibilities - we need clarity as to the framework and criteria we would seek from those countries regarding data protection.

Deputy Niall Collins mentioned the RAND report, which gave an analysis of the changes that would result from the Council directive and the Bill before us. It would introduce a data protection officer, who is a member of Europol staff but acts independently. While on the face of it that is very welcome, we could do with clarification on the level of the independence, which would be important regarding the issue I just mentioned of third country access to data. How would this data protection officer oversee that? I ask the Minister to give clarification on that.

Section 13 provides that anyone with concerns about possible information held can apply to the Data Protection Commissioner, as with other data protection requests, although the release of information can be refused on the grounds that it would: prejudice national security or be contrary to public policy, prejudice criminal proceedings in the State, or jeopardise the safety of a person. I seek reassurance that it would not be applied arbitrarily but as presented.

The Bill would mean that changing Europol in the future should be easier, as changes will no longer require ratification. What would be the level of accountability to the Irish people with any proposed changes to or increases in the powers of Europol in the future? I understand the board will have qualified majority voting. If the Bill is passed, what assurances can the Minister give us that the Irish people will have the ability to oversee the changes to ensure we do not cede more of our sovereignty in this area? I look forward to discussing the issue of Europol further on Committee Stage.

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