Brendan Howlin (Wexford, Labour) | Oireachtas source

On the face of it, this is a perfectly acceptable proposal to opt into a regulation on the collection and transfer of advance passenger information. As the Minister of State set out in his presentation, that is information on a passenger's passport, such as date of birth, gender and citizenship, together with flight details. Again it is a justice regulation that comes before the House. We have until 6 May to opt in. We are always just in time with regulations coming here, although I note that the European Commission's publication on the two proposals for the regulations occurred only last December.

I suppose it is swift enough by normal justice standards. We need to ensure that we have as much data as we can get, consistent with the safeguards that have been set out both in the Minister of State's speech and in the previous Deputy's contribution. It is important for Irish authorities to know in advance who is arriving at our airports. Streamlining the requirements in a transparent, open and understandable way is an important advance, particularly as previous regulations have been tested in various European courts, as was suggested already, to ensure that data are secured.

I have a few questions I would like to put to the Minister of State. Prima facie, it looks like some of it is an improvement on the existing situation and something that is desirable. On the existing statutory instrument, in terms of the organisations that can have access to the data, SI 177 of 2018, the Minister of State lists the competent authorities in his speech. Is that a comprehensive list? Would it require a further statutory instrument to expand that list? Is the Minister capable of amending it without formulating a new statutory instrument and laying it before the Houses, should some other agency of the State require it, such as the Criminal Assets Bureau or other agency?

In terms of the role of our own Garda National Immigration Bureau, clearly it must remain a matter for ourselves who can come into this State and who cannot. I have one concern about this advance presentation of data. It often can put pressure on an airline when a passenger presents themselves with a particular passport. They may have a fear of being fined if that passenger ultimately is refused entry into Ireland. I would be concerned that it would be a matter for our competent authorities, the Garda National Immigration Bureau, to make that determination in accordance with our norms and Irish law. I would hope that the collection of this data would not have a chilling effect on airlines, or cause people who in normal circumstances would be perfectly entitled to come here to be refused access onto an aircraft. It is about the provision of ultra-cautiousness if they had a fear that they would be fined for such passengers. I would be interested in having the Minister of State address that.

My third question relates to the issue of the UK post-Brexit. Obviously, they are not part of the European Union, therefore this regulation does not apply. How does it apply to passengers originating from the UK or transiting the UK in respect of the onward transmission to our authorities of passenger data? Is there some arrangement with the United Kingdom that they will be part of this common European system? Those three questions I pose by way of seeking further clarity and hopefully the Minister of State can provide it. On the face of it, this seems like an eminently sensible proposal.

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