Seanad debates

Wednesday, 20 April 2011

4:00 pm

Photo of Joe O'TooleJoe O'Toole (Independent)

I welcome the Minister back to the Seanad. He is adorning the House with his presence and he could be the reason for its retention.

I would like to hear his response on two issues. First, Senator Leyden raised a question in respect of the Data Protection Commissioner. Has the directive crossed the Commissioner's desk? He is inclined to raise issues where one least expects them. Second, I became anxious at hearing the Minister state: "Of course, the extent of any costs falling to airlines in providing the data will vary depending on the size and scope of their operations." I ask him to ensure that sentence goes nowhere near Michael O'Leary because I can see him adding €2 to every ticket.

I welcome the proposal. Coming from a citizen's rights background, it has taken me some time to come around to support this type of measure. I always believed intuitively that we need to go in this direction, even if I have difficulties coming to terms with it intellectually. I accept that in today's world, we have to make compromises.

However, I ask the Minister to bear my concerns in mind when he deals with the issue at European level. One man's terrorist is another's patriot. The Economist published an interesting article on one of the former Yugoslav republics, Bosnia, which is at present divided into three parts even though it is supposedly one country. I would hate to think what could happen through misuse or abuse of information at senior level. Can the Minister assure us that the data gathered under the directive will be secure?

Why is the directive not being extended to ferries and ships? People are generally trafficked through by other means than airlines. I take exception to the Minister's throwaway line about extending the provisions to flights within Europe. That suggestion is likely to have arisen in a europhobic nation, specifically, Britain, which is the reason we are not party to Schengen Agreement. As a result, we have to pass through the far corners of European airports to go through passport control. We should not encourage that kind of Europhobic approach. We should move towards joining the Schengen Agreement to break down borders within Europe and maintain external controls.

I regret that we have to introduce this directive but that is the way the world has gone. However, I want to ensure the data is properly protected and I would like the Department's response to the concerns expressed by the Data Protection Commissioner. Given the rulings he has made on other issues, I cannot imagine that he is comfortable with this directive.

I also ask that airlines be prohibited from passing on the cost of compliance to their passengers. As sure as eggs, Ryanair will impose a charge for this directive when it finishes paying for last year's ashes. Europe has already backed away from Mr. O'Leary in regard to modifying the proposed directive on passenger safety and insurance. We should anticipate his response to this measure.

I recognise the urgency of the proposal. We need to be seen to take a Europe wide approach to terrorism. Perhaps the Minister should start a debate on the meaning of sovereignty, independence and neutrality because nobody in Ireland knows what these words mean. The discussion could be couched in the parable of the good Samaritan. Europe needs to grow its foreign policy to maturity and we need to challenge ourselves on what we mean by our neutrality. Does it mean standing aside and not getting involved in anything that is wrong in the world or does it mean we should act in a controlled and honest way? I have always been in favour of Irish neutrality but I do not know what it means. No state is neutral, neither Sweden which sells arms to every side nor Switzerland which looks after the ill-gotten gains of every corrupt regime. We could invent neutrality for the world.

Comments

Noel O Ca
Posted on 22 Apr 2011 12:25 pm (Report this comment)

It is so disappointing to see our Irish politicians totally missing the point in this debate....we are being pushed further and further away from the Union as none of the provisions can or will affect the majority of states when travelling to and from these states within Schengen but we are outside for all practical purposes....
Do please understand that whenever one enters a member state of the Schengen Territory from outside one is treated as a real foreigner and that this barrier has to be overcome - Schengen passport control- before entering the country the plane / ship has landed in/at.

Already Schengen-Spain demands that we Irish seek permission to land in Spain before leaving Dublin airport and you Senators are in agreement that we do this when crossing any Schengen external border.

Do note that this will NOT and CANNOT apply within the Schengen Territory.

As a citizen of Ireland and without any Garda or any other police record I have received a formal warning from Schengen-Spain because I oppose this measure within the Union.

I fully support its application for entry from outside the Union......

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