Dáil debates

Tuesday, 21 September 2021

EU-UK Trade and Cooperation Agreement: Motion

 

4:55 pm

Photo of Pa DalyPa Daly (Kerry, Sinn Fein) | Oireachtas source

This interim measure to approve the sharing of data is a topic on which many people will have mixed feelings. The withdrawal of the UK from the European Union has been chaotic and is now proving to be a mess across a range of areas. The Government and the EU have got many things right. The sharing of data as part of the Prüm Convention may not be as high profile as other issues but it is nonetheless important. This is for the simple reason that criminal gangs are becoming increasingly organised. They are getting larger and they are starting to collaborate. The model is changing for these groups. They are subject to the same business or capitalist forces as everybody else and an oligopoly is now emerging among gangs in Europe. A transnational response is necessary and requires data sharing to continue. For this reason, I support, with reservations, the extension of these measures.

Ironically, the UK was one of the most frequent users of the measures and other databases. However, as in many other areas, the UK Government talked tough on Brexit and crime but then cut itself off from the resources to tackle it. As ever, there is a danger of overreach in the use of newer technologies in fighting crime. We must be vigilant in that regard. The EU is creating a database called Eurodac that will store details of migrants, including children, coming into Europe. In the aftermath of the Snowden revelations about National Security Agency, NSA, surveillance in the US, we need to be increasingly careful about the retention of data. In this instance, the data are distinguished by the fact they are stored by police only after individuals come into contact with the force as part of criminal law processes, rather than their being maintained for all persons as part of the normal course of events. However, not everyone who comes into contact with police is guilty of any offence.

These databases should be strictly supervised. We can all agree that the Garda PULSE system was not strictly supervised for a long time. It should have had regular audits and been accessed only in accordance with the law. We also need to remain conscious of developments within other EU member states as the law is frequently used in ways with which we may not agree. In the case of Catalan political activists or LGBTQ activists arrested in Poland, for example, will their details be on this database and, if so, is that in line with the European values that underpin the Union? We must not be afraid to be critical and vigilant with regard to national and transnational co-operation on crime, even as we accept the necessity for its existence.

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