John Ellis (Fianna Fail)

Like Senator Donohoe, I welcome this Bill. It was a positive move by the Government, in its negotiations with the American authorities last year, to ensure we got a competitive advantage. Competitive advantage is important for airlines because it is not always the price that can make something competitive; it can be the service or fringe benefits provided by an airline.

With regard to the legislation, there are one or two things about which we should be careful. The fixing of costs should be left to the Minister rather than to the airport authorities, because the airports that have this advantage could decide to use it as a means of taking more cash from travellers, which could cancel out the benefits that will be created. Thus, the cost should be controlled by the Department in conjunction with the airport authorities.

The system will give us an advantage which should be marketed. The Minister stated in his speech that a number of airlines have considered Irish airports as possible hubs for preclearance. The biggest beneficiary of this could be Aer Lingus, which flies into Dublin from its European destinations. If its schedules were designed to encourage people to take their onward journeys with Aer Lingus rather than from other European airports which do not have this facility, it could be a major boost for Aer Lingus. I have no doubt its competitor and shareholder Ryanair will consider ensuring that its flights are timed in such a way as to join up with clearance for US flights from Dublin. This should be considered by both airlines as a means of improving their competitive edge and the service provided to the general public.

Those who have travelled to American airports know that one could end up queueing for an inordinate length of time for immigration clearance and so on. It is not unknown for people to be queueing for two or two and a half hours. After this, one could end up meeting an individual who would put one through the wringer, go through one's cases and so on. This is something about which people have always complained.

Under the system, the personnel who carry out the inspections will have immunity. This is something that must be tightly controlled, and I hope the legislation will be sufficient to do that. There is one thing I do not see in the Bill, namely, an appeal mechanism for those who are refused landing rights in the US. This is something we should consider. In the future, if people decide to travel to Dublin on their way to the US and then discover they cannot go any farther, who will be responsible for repatriating them? Who will have to carry the cost? Will it be the airlines or the individuals concerned? I do not see anything in the Bill to deal with this possibility, but it is one that should be covered because people may try to use the system as a back-door mechanism to enter the country to seek asylum. It is only a minor issue but it should be considered.

The move to preclearance will provide a facility for people to complete various checks before they leave Ireland rather than standing in long queues. They will have the same privileges when they land as a US citizen. This is important. It also means that if they are taking an interconnecting flight in the US they will not have to go through customs between flights. People who use the facilities here will, on arrival in the US, be able to move freely through terminals and get onward connections without having to go through inordinate delays.

The fact that the staff of the preclearance system will be American and will have the equivalent of American Embassy status within the clearance area is something we should keep an eye on. I also have some fear about the length of time data provided by people will be retained. It will be retained indefinitely for those who use the facility. Anyone who feels threatened may decide to use other ways to enter the USA but that would be wrong. The fact that this will be the equivalent of an embassy means this is the only way it could be agreed, it could not be done any other way. The American authorities have stringent regulations for travel documentation and entry. They introduced the biometric passport and made it mandatory for entry into the country.

The preclearance facility is to be welcomed. It will be in place in both Dublin and Shannon. Shannon may not have the facility for a further year but a year is not that long in aviation terms. Airlines often prepare schedules two years in advance. The major advantage will be for our national carrier and those other carriers from America that use Dublin Airport. They will be able to offer preclearance facilities in Dublin and Shannon, allowing travellers faster access to the US, which will encourage people to travel through Ireland on the way to America.

While we are putting this in place, I hope we would also ask the United States to do something with regards to those who have entered the US over the years and are living there undocumented. We might be able to persuade the American authorities to look at an amnesty for such people in the United States. It is not an area within the remit of the Department of Transport but there is a need to look at some way to get the Irish undocumented immigrants addressed. We know in recent times that no one enters the US without a visa but there was a recent incident where an undocumented Irishman died for the want of medical treatment. We should put further pressure on the US authorities to clear up this issue. I spoke to someone recently whose brother has been undocumented in the US for ten years. If there was a family bereavement or wedding, he could not come home. The Minister should ask his Government colleagues to do something. From now on, however, everyone will be properly documented before going to America.