Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I move:

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 the Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and Iceland on the transfer of Passenger Name Record data from the EU to Iceland for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, a copy of which was laid before Dáil Éireann on 12th January, 2024.

I seek Dáil Éireann approval to opt in to three parallel Commission proposals recommending Council decisions authorising the opening of negotiations for agreement between the EU and certain third countries on the transfer of passenger name record, PNR, data. These proposals recommend Council decisions which 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 on 17 February. The proposed decisions are to open negotiations with three Schengen-associated countries for agreement on the transfer of PNR data for air travel and law enforcement purposes, in particular to combat terrorist offences and serious crime. The three countries concerned are Norway, Iceland, and Switzerland.

Ireland is already bound by the relevant EU directive on PNR data transfer and processing. The PNR directive was adopted to ensure that all member states implemented EU-wide consistent measures on collecting PNR data from air carriers to prevent, detect, investigate and prosecute terrorist offences and serious crime. While Norway, Iceland and Switzerland are Schengen-associated countries, they are not bound by the PNR directive, and hence the need to negotiate with them as third countries. These proposals will allow for the commencement of those negotiations. This may lead to three bilateral agreements between the EU and the three states concerned, namely, Norway, Iceland and Switzerland, allowing for the transfer of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime only.

There are currently three international agreements in force between the EU and third countries that cover the transfer and processing of PNR data - Australia, the United States and the United Kingdom. From an operational perspective, final agreements with Norway, Iceland and Switzerland would enable air carriers to send PNR data relating to flights between the EU and these three countries. The information would be sent to the respective passenger information units in each member state. In the case of the three countries concerned, the processing of such PNR data would be subject to the bilateral agreement with the EU, and in the case of EU member states, the relevant EU directive on PNR data would apply to the processing of data received.

I will 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 and may include, for example, passenger names, dates of travel and the travel itinerary of the passenger or group of passengers travelling together. The collection and analysis of PNR data can assist the authorities in identifying criminals, terrorists and their associates and to detect suspicious travel patterns. The processing of PNR data accordingly has become a widely used law enforcement tool in the EU and beyond to combat terrorism and serious crime, such as drug-related offences, human trafficking and child sexual exploitation, and to prevent such crimes from being committed. It is not just about ongoing investigations. It is also to be a deterrent. It has 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 as well as the processing by their authorities requires 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 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 the protection of their personal data and private life. To provide some further background on the reasons for this opt-in, the three parallel proposals are recommending Council decisions that 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 annexed to the Lisbon treaty. The draft Council decisions related to these proposals now include Article 87(2)(a) from Title V of the Treaty on the Functioning of the European Union, which relates to the area of police co-operation.

In operational and policy terms, it is considered desirable that Ireland avail of an Article 3 opt-in to these proposals so that post-agreement, Ireland could also participate in the exchange of PNR data with these three Schengen associated countries. Ireland is bound by the relevant EU directive on PNR data transfer and processing. Legal advices obtained confirm there is no legal or practical impediment to Ireland opting into these proposals pursuant to Article 3 of protocol No. 21. Neither is it foreseen that significant cost implications will arise. I commend this proposal to the House in terms of exercising lreland’s opt-in to the measure, and I thank all Deputies for their consideration of this matter.

Pa Daly (Kerry, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

As the Minister stated, PNR data is the information provided by passengers and collected and held in the reservation systems of the carriers for commercial purposes. The content during book in and check in may also include personal data of people on their own or with other people. This can assist authorities in identifying criminals. Like yesterday’s debate about facial recognition technology or data at the justice committee, the holding of any such data must be necessary, proportionate and subject to strict limitations. We agree it is desirable that Ireland should share and receive PNR data with these three Schengen associated countries. We will not oppose the Government motion. However, these debates are always welcome as they provide an opportunity to tease out some of the issues and assert our subsidiarity as regards decision-making. We should be mindful of how we exercise the State's sovereignty. While co-operation is important, we must retain our own powers, especially where civil liberties are affected. These concerns are balanced against the need to ensure the safety and security of our own citizens, as well as those of other European partner states, regardless of whether they are in the EU.

The Commission states that the transfer of PNR data is key to allowing authorities to strengthen the detection, prosecution and investigation of terrorist and criminal offences. International criminal gangs are becoming increasingly sophisticated in their operation and the methods used to combat them are becoming increasingly transnational. I note in particular the recent remarks by UN Secretary General António Guterres, who said that organised crime leads to "weakened governance, corruption and lawlessness, open violence, death and destruction". He further stated: "Transnational and organized crime and conflict feed off each other. Crime is a catalyst for conflict. And when conflict rages, crime thrives." I also note recent reports as well of remarks by the Garda Commissioner relating to the links between organised crime, gangs and the far-right. Conflict and division is being fostered so that some can profit from it. The solution, at home and abroad, is co-operation to counteract these threats. This is one of three priorities mentioned by the Secretary General, with the others being the rule of law and prevention of crime. The motion and the proposal speak to all of these concerns and the agreements before us will, according to the Commission, set out the conditions for the transfer of PNR data to the authorities of those countries with full respect of data protection safeguards and fundamental rights.

The effectiveness of PNR data was demonstrated by a Commission report in 2020, relating to the applicable EU framework on PNR data, which is EU Directive 2016/681. This report found that the majority of member states established fully operational passenger information units, which are the units responsible for collecting and processing PNR data. I understand Spain was referred to the Court of Justice of the EU for its failure to transpose the directive. These units become the chief units of co-operation to establish good relationships with their equivalents in other member states. This will presumably be the case with the three countries mentioned in the motion, and we should insist on proper co-ordination as much as possible. The report also expanded on the data protection safeguards contained in the directive, which are focused on purpose and proportionality. The purpose limitation ensures that data processing is only carried out for the objectives of fighting terrorism or serious crime. Proportionality is also addressed by the maintenance of records of processing operations as required by the directive, which allows for transparency and lawfulness. The more important guarantor of civil liberties is the actual data that is processed. Under the directive, the processing of PNR data concerns all passengers on inbound and outbound extra-EU flights. The report claims that such broad coverage is strictly necessary to achieve the directive's objectives.

The PNR directive strictly prohibits the processing of sensitive data. While the PNR data can obviously reveal some private details, such information is limited to air travel. As a result of the safeguards employed, only the personal data of a limited number of passengers is transferred to competent authorities for further processing. This again will surely be important in any negotiations with the other states. In terms of the proposals themselves, this data is already collected by commercial airlines and is used for the obvious purposes of directing passengers to their destinations. Iceland, Norway and Switzerland - the Schengen associated countries - are highly interconnected with other EU states. Switzerland aside, they are members of the European Economic Area, EEA. It is fair to say that all three are countries where the rule of law is strong, and respect for civil liberties is paramount. The proposal per sedoes not raise any concerns with us. When it comes to such co-operation, we should bear in mind the usage of the data with opposition activists in Poland or Hungary.

With regard to negotiations and Ireland's role in same, the Government's approach increasingly seems to be to opt in. That the opt-in continues and we continue to exercise it is important, and I do not doubt that there are political considerations as well as policy or legal considerations when it comes to dealing with other European states. At the same time, these guarantees were hard won, and we should continue to exercise them without any presumption that opt-ins are a formality. Each proposal needs to be considered on its own merits. We receive regular updates on these in the justice committee. The merits of the proposal are strong and we will not oppose the passage of the motion.

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
Link to this: Individually | In context | 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.

Catherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

The exchange of passenger data is important for Ireland and the wider EU law-enforcement communities. The transfer of PNR data relating to international flights has been common practice worldwide since the 9/11 attack. The EU has a number of agreements with third countries as a consequence of that. A past judgment by the ECJ showed that the EU is enforcing increasingly high standards for privacy protection, which is welcome and is needed especially for agreements established prior to GDPR coming into effect.

Passenger name records include names, addresses, phone numbers, credit card information, even meal preferences and details that can indicate, for example, ethnic background, religious belief or political affiliation. Therefore, it is quite sensitive information. Strong safeguards need to be in place for the exchange and use of the information. There could be an obvious risk of profiling, for example. As it stands there are three international agreements in place between the EU and third countries, the UK, the US and Australia. The directive now seeks to draw Norway, Iceland and Switzerland in. The point I am making is that there was already a significant exchange of data sets and it is growing.

While we are supportive of this and notwithstanding the GDPR legislation that is in place, I would like further reassurance that every protection is in place to keep information secure once it is transferred. We must have that assurance and that is exactly what passengers would expect. I believe they are happy to share information provided they can be confident that such information will not be misused or compromised.

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank colleagues for their support for all three motions. It is desirable that we would avail of the opt-in, that we would do so within the time period and that we would send a very strong signal that we want to participate and share this information with the three countries we have mentioned, Norway, Iceland and Switzerland. In recent years, we have done everything we can to opt into these types of measures to make sure that we are working on a par with our counterparts in other member states, with our police force working effectively with other jurisdictions and making sure that we can co-operate when it comes to dealing with organised crime and terrorism. As all Deputies have pointed out, it is of a more transnational nature these days and we have seen the impact it can have not just in our own country also abroad.

I agree with the need to get the balance right. We need to make sure that people's privacy is protected. I am a very firm believer that somebody's personal privacy should never overrule the right for somebody's safety or protection or that of state security or protection overall. However, I think that the balance is struck here. I assure Deputies that when it comes to GDPR, the Commission when it engages must, and of course will, adhere to and comply with the GDPR rules at a European level as well. That will need to be part of any agreement that takes place. However, as has been pointed out, we are not talking about a huge amount of detail here. It is very basic information but that basic information alone can be very helpful when trying to deal with particular cases or when investigating cases, but also in trying to prevent and act as a deterrent as well.

While it may not seem something we can communicate, it is important we communicate this is the type of work this country and our gardaí are involved in and that we as a country are committed to working with counterparts across the European Union and beyond to combat and take seriously our part in combating terrorism and serious crime. It is an important law enforcement tool and I thank Deputies for their support in making sure we can be part of these three options.

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I move:

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 the Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Kingdom of Norway on the transfer of Passenger Name Record data from the EU to the Kingdom of Norway for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, a copy of which was laid before Dáil Éireann on 12th January, 2024.

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I move:

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 the Recommendation for a Council Decision authorising the opening of negotiations for an agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record data from the EU to the Swiss Confederation for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, a copy of which was laid before Dáil Éireann on 12th January, 2024.