James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Deputies for their contributions. I agree with Deputy Daly. The regulation is proportionate. There are essential safeguards in place. I agree that we have to ensure there is no over-reach but I think there are sufficient safeguards in place in that regard. I welcome the support for the opt-in.

On the matters raised by Deputy Howlin, it is a comprehensive list and any additionality to that list would require a further statutory instrument. As regards the Garda National Immigration Bureau and the potential fear of airlines that a passenger may be refused entry, this proposal is focused on terrorism and serious criminal activity rather than on immigration issues. Of course, a person may be refused entry having been flagged via API but this is not meant to be an immigration tool, if one likes. It is focused on terrorist financing and serious criminal activity, so it should not have that chilling effect in this area. Obviously, the Garda has the power to fine airlines for allowing on board people who should not have been allowed to board. The airlines may defend those fines in court if they believe it necessary.

The United Kingdom is not part of this statutory instrument as it is now external to the European Union. Ireland does not currently collect API data for flights from the UK. UK flights came within the scope of the 2011 API regulations from January 2021 when it became a third country. The 2011 regulations provide that the Minister may require a carrier to provide API, rather than providing that he or she shall do so. The text of the current proposal, combined with the borders proposal, mandates API collection for all flights into the EU and that would apply to flights from the UK to Ireland. From a law enforcement viewpoint, it is desirable to participate fully in these API proposals and to gather and exchange API data on fights between the UK and Ireland. However, both proposals are still at negotiation stage and, during that process, Ireland will consider further the possible effects of the proposals in the context of the agreement between Ireland and the UK on the common travel area.

As regards the points raised by Deputy Healy-Rae, the protection of private data is essential and the EU puts in essential safeguards to ensure that such data are properly protected. Other methods of transport are not included in the regulation; it only applies to air travel.

I note the concerns of Deputy Canney regarding the forms of identification required and I will bring them to the relevant Ministers.

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