Tony Killeen (Clare, Fianna Fail)

This motion under Article 29.4.6° of Bunreacht na hÉireann seeks the approval of the House for Ireland to participate in the adoption of a new agreement between the EU and the US concerning the collection, storage, use and transfer of passenger name record, PNR, data.

The events of 11 September 2001 and terrorist attacks in other parts of the world — most recently in Glasgow — have made us even more aware that terrorism is a global problem that affects both Europe and the US. Following 11 September 2001, the US radically revised internal security procedures with a view to protecting its citizens from terror attacks. We share the concerns of the US authorities in this regard.

The events of 11 September 2001 and the recent incident at Glasgow Airport emphasised the vulnerabilities in the area of aviation. Since 11 September 2001, enhanced airport security has been a feature throughout the world. As part of their anti-terrorism measures following these events, the US authorities enacted legislation providing that air carriers operating flights to, from and within United States territory would be obliged to provide them with electronic access to data contained in their reservation and departure systems. The information concerned is described as passenger name records, PNRs.

Identification of potentially high-risk passengers through PNR data analysis provides states and aircraft operators with a capacity to improve aviation security, enhance national and border security, prevent and combat terrorist acts and related crimes and other serious crimes — including organised crime — that are transnational in nature. It protects the vital interests of passengers and the general public. PNR data helps expedite customs and immigration at airports and facilitates and safeguards legitimate passenger traffic.

Since May 2004, Irish and European carriers have been submitting PNR data to the US authorities. There have been two agreements between the EU and US which have provided the legal basis for the transfer of records since then. The first agreement, which was signed in May 2004, was subsequently referred to the European Court of Justice by the European Parliament. The court found that the legal basis for the Council decision approving the conclusion of the agreement was not appropriate.

A new interim replacement agreement was then negotiated and the State's participation in the adoption of that agreement was approved by both Houses of the Oireachtas in October 2006. This interim agreement is due to expire on 31 July 2007. On 27 June 2007, the US authorities and the European Commission, acting on a mandate agreed by the member states of the European Union, completed negotiations on a new long-term agreement on the processing and transfer of passenger name record, PNR, data by air carriers to the US authorities. The agreement was considered by the Committee of Permanent Representatives to the European Union on 29 June and it is proposed that it will be submitted to the Council for approval on 10 July. The new agreement will provide a long-term solution for the processing and transfer of PNR data and will be valid for a period of seven years. This will ensure legal certainty for a considerable period.

Agreement was also reached on an exchange of letters between the US and the EU. The US letter gives details of how the US Department of Homeland Security handles the collection, use and storage of PNR data received from air carriers, referred to in the letter as "assurances". The EU letter acknowledges receipt of this letter and states that the assurances explained in the US letter allow the EU to deem that the Department of Homeland Security ensures an adequate level of data protection for the purposes of the agreement.

The agreement contains important commitments by the Department of Homeland Security on how to handle PNR data in full respect of data protection. The main differences between the existing interim agreement and the new agreement and the key elements of the new agreement are as follows. As with the previous agreements on this issue, the new agreement is aimed at preventing and combating terrorism and other serious crimes that are transnational in nature. The number of EU PNR items to be collected has been reduced from 34 to 19 through a process of rationalisation. Another element is the deletion of references to the"'undertakings", which had been part of the existing interim agreement, and their replacement by an exchange of letters between the EU and the US with the US letter outlining how the Department of Homeland Security will collect, use and store PNR data. The period for retention of records by the Department of Homeland Security will increase from three and a half to seven years for records on active status. The further retention period of eight years for data in a dormant status is unchanged. Such data may be accessed only in response to an identifiable case and on the approval of a senior Department of Homeland Security official designated by the Secretary of Homeland Security. Sensitive data, for example, that relating to ethnic origin, religious beliefs, etc., will be filtered out and deleted by the Department of Homeland Security unless required in exceptional cases, for example, where the life of a data subject or others could be imperilled. The Department of Homeland Security will extend the US Privacy Act protections providing redress to data subjects seeking information about or correction of their PNR to EU PNR data. The extension of these protections to non-US citizens is new and did not feature in the existing agreement. There is also provision in the agreement for a periodic review of how the system is operating.

It is regretted that the scheduling of the European institutions and the Houses of the Oireachtas has not afforded Members much time to consider this issue. I am conscious there is a balance to be struck between public security considerations and privacy rights of the individual citizens in this matter. The European Commission, in line with the mandate it received from the member states, sought to strike that balance in the negotiations with the US authorities. Important new protections for data and avenues of redress for persons seeking information about, or correction of, PNR data are provided in the new agreement, which is a welcome development for EU citizens.

The new agreement will also provide carriers operating services between the EU and the US with the legal certainty they require to enable them to continue to transfer the data required by the US authorities, thus facilitating the continuation of transatlantic air services.

I commend the motion to the House.