Mattie McGrath (Tipperary, Independent)
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There are two motions to be put before the House. Before calling on the Minister of State to open the debate, I remind Members that two motions are to be decided. An céad motion is on a proposal on the signing of an agreement with Canada on the transfer of passenger name data agus an dara motion is on a proposal on the conclusion of an agreement with Canada on the transfer of passenger name data. The motions will be moved and debated together and will be decided on together by a single question.

James Browne (Wexford, Fianna Fail)
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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.

Pa Daly (Kerry, Sinn Fein)
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Before I address the issue at hand, if the Minister of State does not mind, I wish to raise an issue. While it is covered by a couple of other Departments, it may also be of concern to the Department of Justice. Significant concerns are being raised by the Law Society of Ireland in relation to enduring powers of attorney, EPA. Since the system was changed last year, it is almost unworkable. Many solicitors are refusing to become involved in it. At a recent CPD lecture, they were actually advised that it is not a good idea to become involved in it.

Mattie McGrath (Tipperary, Independent)
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I will stop you now because I have been told that this subject is not relevant to the legislation.

Pa Daly (Kerry, Sinn Fein)
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It is not quite relevant, but the Minister of State, Deputy James Browne, who is present, may be able to have a function in addressing some of the concerns. For vulnerable people, it is practically impossible to create an EPA in ordinary circumstances. The Minister of State might have a look at it.

Mattie McGrath (Tipperary, Independent)
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You may talk to the Minister of State separately about this. He is nodding in agreement.

Pa Daly (Kerry, Sinn Fein)
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He has agreed that he will look at it.

Mattie McGrath (Tipperary, Independent)
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Good. That is the spirit. In a new coalition maybe.

Pa Daly (Kerry, Sinn Fein)
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We will have to wait and see about that. While the old system needed reform, it is obviously something that is not working well, because prior to the new Act coming in, some 1,500 EPAs were being registered per year. However, in the past year, fewer than 100 have been registered. There is therefore a serious concern, especially for people in the early stages of dementia.

Mattie McGrath (Tipperary, Independent)
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Yes. Okay.

Pa Daly (Kerry, Sinn Fein)
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I will move on. I thank the Cathaoirleach Gníomhach for the time.

The importance of international co-operation in the fight against crime can be overstated. I agree with what the Minister of State said in his opening statement about the exchange of PNR data. It has to be balanced with the protection of privacy and other fundamental rights and freedoms of individuals. We will not be opposing these motions. I agree that the processing of PNR data has become a widely used law enforcement tool in the EU and beyond to combat terrorism and serious crimes, such as drug-related offences and human trafficking. Yet, these proposals are quite simply a matter of police co-operation. Given the ever-deepening links between Ireland and Canada, they are very important. We would criticise the Government where these opt-in motions are moved towards the end of a window for doing so, but a reasonable timeframe has been given here, given that the Article 3 opt-in proposal does not expire until 6 June.

These motions will allow the Government to sign and conclude an agreement between the EU and Canada on the transfer of the passenger name record data. This agreement is for law enforcement purposes and for investigating terrorist offences and serious transnational crime. It is important that the gathering of this information is limited to these areas only and that it is subject to judicial oversight. Revelations that were made quite some time ago now - more than a decade ago - that there exists a perpetual and sweeping retention of data that could be searched and retrieved, awaken a serious concern in the public. That has been going back for decades. Even as data makes more and more things possible, it does not make them more morally acceptable. Accordingly, the restriction of this data to serious crimes and matters of national security is very important.

It is worth reminding ourselves of what exactly constitutes passenger name record data. It is information that is provided by passengers and is collected by and held in the air carriers’ reservation and departure control systems for their own commercial purposes. The content of this data varies depending on the information given during the booking and check-in process. It may include, for example, dates of travel, and the complete travel itinerary of the passenger. While it is collected for commercial purposes, passenger name record data obviously also provides opportunities for the authorities to detect suspicious travel patterns and identify individuals of interest. On the one hand, there was a time when paper or computer records, in the absence of cloud computing, meant that a warrant or request by police would see this information being given. The ability to store and analyse information more readily opens up other possibilities. This is a new development, and it means that such an order-based approach is not as viable as it once was. As with some of the other PNR agreements that we have debated, we are assured by the authorities that the data only relates to a person's interaction with the airline and the data only pertains to their personal lives in relation to specific dates of travel. Obviously, a lot can be gleaned from this data when it is combined with other sources or analysed in a certain way.

The holding of any such data must be necessary, proportionate and subject to strict limitations. We agree that it is desirable that Ireland should share and retrieve this data with countries where there is an obvious need to do so, and more especially, where it would be difficult, if not impossible, to do this on our own. International co-operation is very important, but so is our own sovereignty in relation to the area of human rights. The need to ensure the safety and security of our own citizens is an important one.

When we last debated PNR data - I think was in relation to Norway and Switzerland - we raised the issue of organised crime and transnational co-operation against it. I will not revisit that in some detail again, but the risk of our systems being compromised with fake passports or the use of intermediaries is a concern. No deterrent is fool-proof and criminal gangs are growing ever-more sophisticated in their efforts to evade justice.

In the short time that I have left, I will mention that there has been a development in a slightly tangential issue, namely, the recent decision that has been made to grant planning permission to the An Post sorting depot in Tralee. This raises the opportunity to refurbish the courthouse in Tralee town centre and further redevelop the town centre. I know the Minister of State is very concerned about the town centre first plan, which is in the programme for Government. I hope the Government might reconsider, talk to the Courts Service and refurbish the courthouse that is in the centre of town.

James Browne (Wexford, Fianna Fail)
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I thank the Deputy, first for raising the tangential issues of the Law Society, the concerns about power of attorney, and the issue of the Tralee courthouse. I will bring those issues to the attention of the senior Minister.

As I mentioned in my opening remarks, this debate relates to two Commission proposals on Council decisions which authorise the signing and a conclusion of an agreement between the European Union and Canada on the transfer of passenger name record data. It is considered desirable that Ireland avail of an Article 3 opt-in to these proposals, bearing in mind that Ireland is bound by the relevant EU directive on PNR data transfer and processing. PNR data has become a widely used law-enforcement tool in the European Union and beyond to combat terrorism and serious crime and, therefore, I trust the House will support the exercise of Ireland's opt-in and approve the motions for the signing and conclusion of the agreement concerned. I thank Deputies for their consideration of this important matter.

Mattie McGrath (Tipperary, Independent)
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As the debate has concluded, I will now put the question: "That the motions relating to proposals for Council decisions on the signing and the conclusion of an agreement between Canada and the European Union on the transfer and processing of passenger name data, are hereby agreed to.”