Mattie McGrath (Tipperary, Independent) | Oireachtas source

I am happy to speak on this Bill. As the Explanatory Memorandum makes clear its purpose is to give effect to certain measures of the European Council, decisions generally referred to as the Prüm decisions, after the town in Germany where the basis for the decisions was originally agreed, and to provide for related matters. I have never been in Germany never mind in Prüm. Maybe the Minister has been there or might go there on his travels or travails. The decisions are binding on all EU member states which choose to opt into them. Ireland chose to opt in by votes in both Houses of the Oireachtas. According to the memorandum the Prüm decisions are aimed at stepping up cross-border co-operation, particularly in combatting terrorism, cross-border crime and providing in particular for the automated exchange of DNA, fingerprint and vehicular registration data, VRD. Anything that combats terrorism or serious crime must be supported and I have to be fully supportive of that.

We have worries about the re-emergence of a Border between the 26 counties and Northern Ireland because of Brexit. That is very serious but the Government has literally made a shambles of it and does not know whether it is coming or going. The cast iron bullet-proof guarantee from the Taoiseach last Christmas seems to have evaporated like the snow that fell on the mountains on Paddy's Day. He does not know whether he is coming or going. We need to get our ducks in a row as regards our borders and the determination of our sovereignty.

When I was doing some research on this Bill - the Minister might not believe I did any research but I normally do research – I contacted the Irish Road Haulage Association, IRHA, for its assessment of its likely impact. That organisation is vital to our economy and will be even more so after Brexit. That is why I am very disappointed that the Taoiseach and his colleagues have decided to do the motorway from Limerick to Cork, whenever it will happen, because there is no sign of the motorway from Limerick to Port Láirge and on to Rosslare because connectivity with Rosslare Europort will be vital for us to continue our exports. If we do not have proper connectivity we will be in huge trouble.

I salute the Irish road hauliers. They work in all weathers and conditions. Their vehicles and equipment are very expensive. They provide significant employment too. The Minister was only a wet day in office when he signed the statutory instruments, which several previous Ministers had refused to sign, to restrict the number of axles on these lorries. That was a foolish decision. Twelve Ministers had not signed them. I spoke to the Minister at the time because the hauliers are under pressure with payloads and return loads and need to be able to carry the best load they can, safely. We all understand that they are registered vehicles tested by the Road Safety Authority and everybody else to the highest standards and the drivers are of top quality too. They are struggling.

I was pleasantly surprised to hear from Ms Verona Murphy of the IRHA that it is happy to endorse the Bill. That is good. Tá aithne agam ar Verona.

The Minister knows who she is and has met her in different places. The Minister is shaking his head but he does know Verona. If he does not know the president of the Irish Road Haulage Association it is a poor lookout. From the Irish road haulage point of view, the provisions the Bill contains are needed in all areas of traffic management and enforcement, and this is a positive. It would mean there would no longer be a necessity to display commercial vehicle roadworthiness test, CVRT, discs on trailers or insurance discs. According to the Irish Road Haulage Association, it is positive legislation that is urgently required.

I acknowledge this legislation has been supported by the Minister, Deputy Ross, and I very much welcome this, given how much we have disagreed on lately on other issues of road safety, which I will address in a minute with the permission of the Ceann Comhairle. In his contribution on the Bill on 20 February, regarding what will be the effect in practical terms, the Minister stated it will mean if an Irish registered vehicle is used in a serious crime in another EU country, the authorities there, with Interpol, will be able to search Irish data to find the registered owner and this is a vital piece of traceability and accountability of all our fleet. Whether it involves an owner-driver, a self-employed person or part of a larger fleet, it is vital to have this accountability and traceability. Likewise the authorities here would be able to use the system to find out quickly the owner of a vehicle registered elsewhere in the EU if it has been used in a serious crime here, and this is hugely important because we can see the impact in terms of attacks where vehicles are commandeered to be used. At least if we know who owns them we will be able to identify the driver with a tachograph and so it is vital. It is certainly a pragmatic and sensible proposal and one we can all support.

The Minister, Deputy Ross, went on to say how, in summary, the Bill will allow searches of Irish vehicle registration data by the appropriate authority in other EU member states. Icelandic and Norway allow us to search vehicle registration data in those countries. The Bill specifies who may conduct these searches and makes provision for data protection, which is obviously always very important, including monitoring the data shared. It also makes provision for the procedures for handling complaints and corrections where errors are made. All of this complies with the EU requirements. We have to be very mindful about data. By all means I am all for searching and traceability, but we have to ensure that if no crime has been committed, the data are not passed on or used or misused. The Minister is a member of a Government that is obsessed with WikiLeaks, data, spin and the spin machine. I hope some road hauliers will get the job of carting that particular piece of equipment to some dump somewhere and make sure it is shredded and that it is crushed up by metal before it ever gets to see the light of day again or members of the Government will all be spinning out of control and they will not know whether they are coming or going with the data. We have to be very serious about who does the checks and the investigations to make sure people's personal data or even their business data are not compromised in any shape, make or form.

I note with some concern that Ireland is facing possible infringement proceedings for delays in the implementation of the Prüm decision. Yesterday evening, when I went over to the Minister at the end of a debate, he told me this was eight or six months behind time. I hope he has not changed his mind today. If that is indeed the case, it is only right that we work with common purpose to see the Bill is passed and that scenario is avoided. The Minister might clarify in his response what the situation is with regard to what he told me privately and what he has said on the record of the House.

If I have serious concerns, they revolve around the issue of data protection, as I have said. I am aware that section 5 of the Bill deals with the correction of inaccurate data and the deletion of incorrectly supplied data. This is to be welcomed as a vital and necessary safeguard. I have dealt with this. Section 5 is vital with regard to who has the data, who stores it and who could get possible access to it, because there are very sensitive contractual agreements with regard to many of the vehicles we are speaking about and there is the privacy of business and trade.

The memorandum for the Bill also makes it clear that this section provides for the correction of inaccurate data and for circumstances where data are received when they should not have been. It is very important that this is here. I hope to see the penalties as well. Section 5(1) places an obligation on the national contact point in the State, in cases where it comes to its attention that data sent by it to the national contact point of another state are incorrect or should not have been supplied, that the other national contact point should be asked to amend or delete data, as appropriate. That is very sloppy and messy. It is case of dúirt bean liom go ndúirt bean léi. If the data are supplied inaccurately or erroneously there must be immediate safeguards to ensure that they are withdrawn. Dealing in the context of member states, it must be imperative that vehicle data, and indeed the data of the drivers and owners as well, are safeguarded.

Under section 5(2), when the national contact points receives data not requested from the national contact point of another state it shall immediately check whether the data are necessary for the purposes for which they were supplied. There is room there for infringement and for personal data leakage.

The question of the deletion of erroneous data received by the national contact point in the State is addressed by section 5(3).

I fully agree with the assessments of the Irish Road Haulage Association and the Minister, Deputy Ross. The Minister will be surprised I am agreeing with him. He said that it was an important tool for fighting serious crime across Europe, and as such would benefit us and our fellow Europeans. That is important, and it is the reason I am alarmed to learn that we are so far behind in completing this legislation. There has been no explanation for the inordinate delays. I was told by the Minister last night that we are several months behind. We are supposed to be shoulder to shoulder with our European colleagues.

I have more time to speak, I believe.

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