Aodhán Ó Ríordáin (Dublin Bay North, Labour) | Oireachtas source

These three motions have been brought forward by the Government to facilitate negotiations to extend the exchange of passenger name record data between different countries to prevent, detect and investigate serious crime. Back in 2016, an EU-wide system among member states was established by directive as an important tool to help improve the EU's internal security. Norway, Iceland and Switzerland are not bound by this directive. The European Commission now intends to begin negotiations with each of these countries to include them in the exchange. While Ireland is not a Schengen country, it is it desirable from our point of view and the point of view of those in Schengen that Ireland avail of Article 3 to opt into these proposals so that post-agreement, Ireland can also participate in the exchange of PNR data with these three countries.

Ireland and the EU already have agreements with Australia, the United States and the United Kingdom to exchange personal data for this purpose. It is widely recognised that the collection and analysis of PNR data can provide the authorities with important elements allowing them to detect suspicious travel patterns and identify associates of criminals and terrorists, particularly those previously unknown to law enforcement authorities.

It is argued in the accompanying Commission documents that the processing of PNR data has become a widely used law-enforcement tool in the EU and beyond to protect against terrorism and other forms of serious crime, such as drug-related offences, human trafficking and child sexual exploitation, and to prevent such crimes from being committed. It has also been proven to constitute an important source of information to support the investigation and prosecution of cases where such illegal activities have been committed.

The transfer of PNR data to third countries as well as the processing by their authorities constitutes an interference with individuals' rights to protect their personal data. For this reason, it needs a legal basis under EU law and must be necessary, proportionate and subject to strict limitations and effective safeguards as guaranteed by the Charter of Fundamental Rights of the EU. We need to ensure we find a balance between the legitimate objective to maintain public security and the right of everyone to enjoy the protection of their personal data and private life. This is not a decision to be taken lightly.

In making this decision, the Labour Party notes that the three countries proposed are stable democracies with human rights records comparable to our own. We can be confident that the mutual exchange of data will be respected within the bounds of proper application and the rule of law. We are happy to support the motions while noting that there should be careful consideration of the addition of countries to the list of those with which we exchange data. In addition, we need to keep monitoring the use of data to ensure the rights of passengers are respected and ongoing implementation is proportionate and reasonable.

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