Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I am pleased the Minister of State is present to respond to the Topical Issue matter I raise.

The recent revelations published by a major German magazine showing that the United States engaged in surveillance at European Union offices at key locations is a most disappointing development. The allegation that telephone lines and computer networks of European Union offices in Brussels were tapped by the American National Security Agency under its so-called PRISM surveillance programme must be investigated. There is no other way of viewing the collection of up to 500,000 e-mails, telephone calls and text messages each month in Germany alone, other than as a gross breach of trust between the United States and European Union nations. This has, without question, the potential to damage the vital European Union-United States relationship on which so much relies at a particularly sensitive time in the negotiations on the transatlantic trade agreement. It also undermines the credibility of the United States in taking a strong stand against cyber-espionage, particularly from China.

These revelations, if true, show that the United States has engaged in actions which are most unacceptable and certainly not good diplomacy. These actions have provoked a feeling of justifiable hurt on this side of the Atlantic as Europeans are being targeted by unwarranted surveillance for unknown objectives. As allies and supporters of the United States, European countries and the institutions of the European Union deserve more respect than that. We understand that in an increasingly complex world where there is a continuing need to be vigilant against international terrorism, surveillance is a necessary element of national security policy. I cannot see how the actions of the United States in this instance could protect national security in any way. After all, our embassies and EU offices are hardly any threat to the security of the United States. This raises the question of whether the United States has been using surveillance to advance its own economic and political interests to the detriment of the interests of the European Union.

If true, this would be an unforgivable abuse of power. If it is not the case, we must seek clarification as to why this occurred.

The alleged use of the NATO headquarters in Brussels to spy on the European Council building, also in Brussels, is disturbing, given the latter's central and sensitive role in deciding EU policy. Has the Tánaiste been in contact with his EU colleagues to discuss how best to approach these revelations and have these matters dealt with without delay?

Joe Costello (Dublin Central, Labour)
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The allegations referred to by the Deputy, if true, are naturally of concern to all EU member states. The European External Action Service, EEAS, of the EU has sought clarification of the situation in Washington and Brussels. The Government also expressed its concerns to the US Embassy in Dublin at a senior official level and looks forward to clarification being provided in response to the EU's request. Ireland is not one of the member states identified in the media reports to date. I understand that the High Representative, Baroness Catherine Ashton, has also discussed this matter directly with Secretary of State Kerry in a meeting in Brunei.

At a press conference in Tanzania yesterday, President Obama emphasised the importance of the US's relationship with Europe and gave a firm undertaking to examine these allegations and to provide "all the information that our allies want". I welcome this clear statement and undertaking.

The House will appreciate that it is not the practice to comment in detail on surveillance and security issues and that the Minister for Justice and Equality has primary responsibility this area. There is a comprehensive legal regime in place to deal with these matters in this jurisdiction. Under the Communications (Retention of Data) Act 2011, access may only be granted following a request to the particular mobile telephone company or Internet provider in connection with the prevention, detection, investigation or prosecution of a serious offence, the safeguarding of the security of the State or the saving of human life. Access to call content is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and may only take place under ministerial warrant. The operation of this is subject to judicial oversight. There are also procedures in place under mutual assistance legislation to cover requests to and from other countries for this type of information.

The relationship between the US and Europe continues to be of vital strategic, political and economic importance. We share a common strong commitment to fundamental human rights, democracy and the rule of law and work closely together to promote these values in a global context. It is within this broad context that matters such as the recent media reports of alleged US surveillance of EU premises must be assessed. It is equally true that close partners must be direct and transparent in their dealings with each other.

Together, the EU and US account for almost half of global GDP and 30% of global trade. Important progress was made during Ireland's Presidency of the European Union towards the achievement of greater levels of free trade between the EU and the US through the launch of negotiations on a transatlantic trade and investment partnership. If successfully concluded, these negotiations could result in the creation of up 15 million additional jobs.

Ireland continues to enjoy a close bilateral political and economic relationship with the US, underpinned by the extensive connections between our two peoples. Today, some 500 US companies employ more than 100,000 people in this country with a similar number of people employed by Irish companies in the US. President Obama's address to students in Belfast on 17 June was a timely and welcome reminder of the vital role the US played and continues to play in building peace and reconciliation on this island.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister of State for his reply. I welcome that he put on record the fact that Irish companies provide a significant amount of employment in the US. The employment provided by US companies in our country is also welcome.

I am glad the High Representative has raised this matter with the Secretary of State. A timeline should be set for her to revert to each member state of the EU with a reply. At EU level, the system is often slow to respond, but this issue should not be allowed to drift.

The Minister of State mentioned that the Government had expressed its concerns to the US Embassy at a senior official level. Have these concerns been conveyed by our officials, the Tánaiste or a Minister of State? It should be done at political level, pending the appointment of a new ambassador.

The Minister of State rightly referred to the potential for a US-EU trade agreement. From an Irish and EU point of view, this involves sensitive issues, given the agrifood sector and the need to protect the livestock industry. In any trade negotiation, each member state and trade bloc must carry out a great deal of policy work and strategising. The talks will continue for a considerable time. It is important that a clear message be sent, namely, that surveillance is not acceptable. All 28 EU member states deserve a clear reply from the US to the effect that there will be no breach of confidence in the long-standing and good working relationship shared by our two major trading blocs. Many EU member states have a large number of emigrants in the US. We have had a cordial and important economic relationship.

Joe Costello (Dublin Central, Labour)
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I agree with the Deputy's remarks in that respect. The Government and the EU responded rapidly to the allegations. I welcome the fact the High Representative immediately sought clarification and that President Obama has stated on record that he will provide "all the information that our allies want". I agree with the Deputy regarding a timeline, in that the sooner this situation is resolved and information is made available to us, the better. The EU and US are about to embark on negotiations on a new trade agreement. We share strong values. The US is a friendly entity towards the EU and its member states. Anything that would undermine this relationship is serious. It is important that we get results as quickly as possible.

As I mentioned when replying on the subject of J1 visas, the Tánaiste will be in Washington next week. I do not doubt that this issue will be on the agenda when he meets various representatives on Capitol Hill.