James Browne (Wexford, Fianna Fail) | Oireachtas source

I move the following motions:

That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Proposal for a Council Decision on the signing, on behalf of the European Union, of an agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data, a copy of which was laid before Dáil Éireann on 25th March, 2024.

That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Proposal for a Council Decision on the conclusion, on behalf of the European Union, of an agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data, a copy of which was laid before Dáil Éireann on 25th March, 2024.

I seek Dáil Éireann approval to opt into two Commission proposals for Council decisions authorising the signing and conclusion of an agreement between the European Union and Canada on the transfer of passenger name record data, PNR. These proposals are for a Council decision that have a Title V legal basis in the area of police co-operation. The three-month time period for an Article 3 opt-in to these proposals expires in early June, while the Commission hopes to have the agreement signed in May.

The proposed decisions regard an agreement between the European Union and Canada on the transfer of passenger name record data for air travel for law enforcement purposes, in particular to combat terrorist offences and serious crime. In February this year, Ireland opted into proposed decisions to authorise the opening of EU negotiations with Norway, Iceland and Switzerland regarding the transfer of PNR data.

In terms of related agreements, there are three international agreements in force between the European Union and third countries, which cover the transfer and processing of PNR data, namely, with Australia, the United States, and the United Kingdom. The proposed decisions are to conclude and sign an agreement with Canada, which has two main aims and components. One relates to the necessity of ensuring public security by means of exchange of PNR data with Canada and the other relates to the protection of the privacy and other fundamental rights and freedoms of those individuals.

To explain briefly what PNR data is, it is the booking information provided by passengers and collected by and held in the air carriers' reservation systems for their own commercial purposes. The content of PNR data varies depending on the information given during the booking and check-in process. It may include, for example, passengers' names, dates of travel and the travel itinerary of the passenger or group of passengers who may be travelling together.

The collection and analysis of PNR data can assist the authorities in identifying criminals, terrorists and their associates and detect suspicious travel patterns. Accordingly, the processing of PNR data has become a widely used law enforcement tool in the European Union and beyond to combat terrorism and serious crime, such as drug-related offences, human trafficking and child sex exploitation, and to prevent such crimes from being committed.

It is also proven to constitute an important source of information to support the investigation of cases where such illegal activities have been committed. While crucial for combating terrorism and serious crime, the transfer of PNR data to third countries, such as Canada, as well as the processing by their authorities, requires a legal basis and must be necessary, proportionate and subject to strict limitations and effective safeguards, as guaranteed by the Charter of Fundamental Rights of the European Union. The achievement of these important objectives requires striking a fair balance between the legitimate objective of maintaining public security and the right of everyone to enjoy protection over their personal data and private life.

This agreement between the European Union and Canada covers the means by which the relevant PNR data is protected. To provide some further background on the reasons for this opt-in, the Commission proposals are for Council decisions, which have a Title V legal basis. Ireland’s participation is therefore subject to the exercise of an opt-in entitlement, in accordance with Protocol No. 21, annex to the Lisbon treaty. The relevant Council decisions include Article 87(2)(a) from Title V for the Treaty on the Functioning of the European Union, which relates to the area of “police cooperation”. In operational and policy terms, it is considered desirable that Ireland avail of an Article 3 opt-in to these proposals.

Mindful that Ireland is bound by the relevant EU directive on PNR data, transfer and processing, legal advice is obtained to confirm there is no legal or practical impediment to Ireland opting into these proposals, pursuant to Article 3 of Protocol No. 21. It is not proceeding that additional cost implications will arise. At this stage, I wish to commend this proposal to the House in terms of exercising Ireland to opt into the measure and seek the approval of the motions for both the signing and the conclusion of the agreement concerned. I thank the Deputies for their consideration.

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