Dáil debates
Tuesday, 22 January 2019
Saincheisteanna Tráthúla - Topical Issue Debate
Customs and Excise Staff
7:00 pm
John Lahart (Dublin South West, Fianna Fail)
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I thank the Minister for Transport, Tourism and Sport, Deputy Ross, for attending in person. It is much appreciated because I need his co-operation in a matter of some importance. I wrote to him today on this matter.
Finian McGrath (Dublin Bay North, Independent)
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He is here now. That will save Deputy Lahart writing.
John Lahart (Dublin South West, Fianna Fail)
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I also wrote to the CEO of the Irish Aviation Authority, IAA. I had also written to the Minister for Finance, Deputy Donohoe, in his capacity as the Minister over the Revenue Commissioners but he responded to state that this area is very much the responsibility of the Minister for Transport, Tourism and Sport, Deputy Ross. My Topical Issue matter concerns the proposed removal of security screening derogation for customs officers stationed at Dublin Airport, and other customs-approved national airports, with effect from 30 January, which is next week. I need the assistance of the Minister in this because he may not be fully apprised of some of the issues concerned.
In his reply to my parliamentary question which was provided pretty speedily on 16 January the Minister stated that:
The enhanced procedures the Deputy asks about were decided by my Department and adopted by the National Civil Aviation Security Committee on the basis of a risk assessment by the Irish Aviation Authority (IAA), which has responsibility for regulating aviation security in Ireland.
The Minister further stated that a "number of reviews and-or audits of security practices and procedures at the State airports pointed to the need to make [more] improvements". Has the Minister read those reports? Can he confirm to the House whether customs enforcement officers employed by the State were ever identified in any of those reports as a risk to the security of the national airports?
I ask that because I advise the House that I have been reliably informed that customers officers, who are part of a law enforcement agency of this State, have not and never have been identified as a risk to aviation security in any IAA report, nor in the 2015 national aviation policy nor in the 2017 security audit review at Dublin Airport. I would like the Minister to respond to those points specifically. In his reply to my parliamentary question, the Minister also quoted from Regulation (EC) No. 300/2008 that:
All persons other than passengers, together with their items carried, shall be screened upon entering critical parts of security restricted areas in order to prevent prohibited articles from being introduced into these parts.
Does the Minister and his Department intend to implement this regulation fully to include all law enforcement agencies, including Customs and Excise, An Garda Síochána, the Airport Police and the Defence Forces? I ask that because that is not what is intended to apply from next week. Is the Minister aware that all law enforcement officers, including customs officers, currently comply fully with all European Union and IAA regulations?
In 2018, the Dublin Airport Authority, DAA, confirmed that its traffic from the UK had increased to almost 10.1 million passengers. The impact of Brexit now means that an additional 10.1 million passengers will potentially, from the end of March, become third country passengers, thus increasing the burden of EU customs controls for passenger traffic at Irish airports and at Dublin Airport in particular. In that situation, why would the Minister impose such security measures in the midst of Brexit when customs enforcement officers will be entering into possibly one of the busiest periods in recent times and again with no aviation security risk attached to them?
To summarise, in the absence of any identifiable risk to aviation security by customs officers, I request an immediate deferral of the implementation date of 30 January 2019, pending further clarification as to the level of the associated risk. That is because the work carried out by customs enforcement officers is not confined solely to airside operations. Customs officers have to move between airside and landside in the airports throughout the course of their shift on any given day and sometimes multiple times. The implementation of these changes will impose further impediments on customs officers carrying out their duties on behalf of the State.
Shane Ross (Dublin Rathdown, Independent)
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I thank Deputy Lahart for raising this matter. I understand his concerns, particularly those on the inconvenience that will be caused to customs officers and others affected by the regulations. Aviation security is a highly regulated area, to which international agreements and EU rules and regulations apply. Elements of it are, naturally enough, highly confidential and that means that I am restricted in what I can say in this debate. I am also restricted in what I know. I am sure that the Deputy will understand that.
What I can advise the House is that aviation security remains a priority area at national and EU level. It is under constant review and scrutiny in response to new intelligence on threats and risks. Ireland is obliged play its part in the international effort to make flying as secure and safe as possible. If we aspire to be a highly connected nation, we need to make sure our international airports are up to international best standards in security terms. The past decade and more has seen a significant step-up in how airports and aircraft are secured. That is for the benefit of all, even if it has introduced some inconvenience. That is always the balance that needs to be struck, namely, the level of inconvenience versus doing what needs to be done to make sure people are safe.
Aviation security is highly regulated by international agreements under the United Nations' International Civil Aviation Organization, ICAO, and European regulations. The State is committed to implementing best international practice in this field. In Ireland the national civil aviation security programme sets the standards for civil aviation security. The programme reflects what is required under EU Regulation No. 300/2008. It is reviewed and updated annually by the National Civil Aviation Security Committee, NCASC, which includes several Departments, including representatives of the Revenue Commissioners, An Garda Síochána, the Defence Forces, the State airports and the main airlines operating in Ireland.
In accordance with the agreed 2018 security programme which provided for enhanced airport security measures on 1 June 2018, my Department issued notice that the long-held access exemptions of Revenue officials and the Airport Police were to be revoked and replaced with new screening procedures. Work has been ongoing at the airports in preparation for the introduction of the new procedures which will take effect from 30 January 2019. What this means in practice is that these staff will no longer have unchecked access to the designated secure areas of the airport. Instead, they will have to undergo security checks. It will be a quick and streamlined process, with special facilities provided.
The Deputy should be aware that this is not an arbitrary step but part of a programme of security enhancements. The specific measures in question have been subject to a detailed risk assessment by the Irish Aviation Authority which is responsible for regulating aviation security. Moreover, the measures were also informed by findings and recommendations contained in a confidential report by the Paris-based European Civil Aviation Conference which was invited to review and audit security arrangements at Dublin Airport in early 2018. It has been made quite clear to all involved that personnel will continue to be exempt from security screening if they are responding to an emergency without delay. The Department has been in regular communications with Revenue management, airport management and the Airport Police. Much work has been undertaken at all of the airports to communicate the procedures and protocols that will be put in place. The introduction of the new measures will improve security practices at airports which are in everyone’s best interests.
7:10 pm
John Lahart (Dublin South West, Fianna Fail)
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Everybody, except customs service officers, has been engaged with. This is not a matter of inconvenience and I need the Minister to engage with me because the deadline is eight days away.
Section 25 of the Customs Act 2015 and other legislation exempt authorised officers of the Revenue Commissioners and the customs service from search. Customs service officers became aware that they would be searched by a private security company known as the Airport Search Unit, ASU, and employed by the Dublin Airport Authority. Customs service officers have the same exemption as members of An Garda Síochána and Army personnel. Why are they not included? In the jurisdiction of a port or an airport customs service officers have powers which far exceed those of other personnel. They have been exempt from search at Dublin Airport since its opening.
For reasons yet to be explained, their exemption is about to be withdrawn, but the exemption remains in place for gardaí and Army personnel. Dublin Airport is the place of work for customs service officers. What would happen if a garda had to be searched by private security personnel each time he or she entered his or her or any Garda station? Under the new guidelines, from 31 January, an off-duty garda will be able to pass through security in Dublin Airport without being searched, while a customs service officer will not.
The role of customs service officers involves access to all areas of Dublin Airport, landside and airside. They cross these lines numerous times every day to deal with a variety of situations. Security screening could potentially interfere with court evidence because this decision affects dog handlers, customs service officers’ transportation vans and cargo customs service officers who regularly bring suspected narcotics through security. To the best of my understanding, this is not applicable in other EU airports.
What is the purpose in a private security company, not the State security agencies, searching an enforcement officer in the course of his or her duties? Will the Minister ask for a report from his Department on this issue? A question mark has been placed over the role and integrity of customs service officers who are one of the first lines of defence in the country in preventing narcotics smuggling.
Pat Gallagher (Donegal, Fianna Fail)
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We have gone over time by 30 seconds. I have to have some order.
John Lahart (Dublin South West, Fianna Fail)
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This is an important issue. They also prevent illegal cigarettes from coming into the country which would have an impact on the retail trade.
Pat Gallagher (Donegal, Fianna Fail)
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The Deputy will have to conclude.
John Lahart (Dublin South West, Fianna Fail)
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The previous speaker went over time by 45 seconds.
Pat Gallagher (Donegal, Fianna Fail)
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Two wrongs do not make a right.
John Lahart (Dublin South West, Fianna Fail)
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It is a question of justice and fair play. Will the Minister review the decision and the implementation date of 31 January 2019?
Shane Ross (Dublin Rathdown, Independent)
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I thank the Deputy for repeating much of what he said before. I understand the emphasis he is putting on this issue. It is quite clear that the personnel in question will continue to be exempt from security screening if they are responding to an emergency. They will not be affected in their course of duties. I am determined that I will not be involved in the minutiae of security arrangements at Dublin Airport or any other airport. Neither is it my position to tell the authority whether it should use a private security firm or any other type of security arrangement. I am constrained in what I can say about security. I am also constrained in what I know about it. I am not privy to the way the system operates in a detailed fashion.
John Lahart (Dublin South West, Fianna Fail)
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Was the Minister privy to the report?
Shane Ross (Dublin Rathdown, Independent)
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Perhaps I might be if I had asked that question. However, it is not one I would normally ask or be inclined to ask. The lifting of the exemption was made on the recommendation of reputable bodies and in a reputable review. It brings security to a higher standard.
John Lahart (Dublin South West, Fianna Fail)
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Are customs service officers a security threat?
Shane Ross (Dublin Rathdown, Independent)
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I did not interrupt the Deputy.
Pat Gallagher (Donegal, Fianna Fail)
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The Minister to continue, without interruption, please.
Shane Ross (Dublin Rathdown, Independent)
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I am determined not to interfere with any security measure which will bring it to a higher standard. I will mention the points raised by the Deputy with my officials to see if they carry particular weight in the light of the fact that there are 14 days to go.