Alan Shatter (Dublin South, Fine Gael)

This motion will enable Ireland to participate in the agreement between the European Union and the United States on the use and transfer of passenger name records, PNR, to the United States Department of Homeland Security which has recently been adopted by the Council of Ministers. I propose that Ireland exercise the option provided by Article 4 of Protocol No. 21 to the Treaty on the Functioning of the European Union to accept a measure after it has been adopted by the Council. The prior approval of both Houses of the Oireachtas is required to enable Ireland to exercise this option.

The agreement to which the motion refers replaces the current EU-US PNR agreement which has been in operation since 2007. That agreement has been renegotiated in order to address concerns raised about proportionality, data protection and data security aspects. A new agreement was signed in December 2011 to cover the ongoing use and transfer of PNR data to the US authorities. The European Parliament considered the agreement in detail and approved its terms on 19 April. The agreement was then concluded by the Council of Justice and Home Affairs Ministers at its meeting on 26 April.

PNR data amount to information on passengers' travel plans collected and held by air carriers as part of their reservation systems. The agreement will require airlines to provide a portion of the information they already collect for the US authorities for the purposes of combating terrorism and serious transnational crime. PNR data are a tool of proven value to law enforcement services in counter-terrorism and serious crime investigations, particularly in cases of trafficking of drugs and persons. A number of countries, including the United Kingdom, Canada, Sweden, Spain, the United States and Australia, have been using PNR data for these purposes for some years.

PNR data have been of benefit in investigations in a number of significant transnational, organised crime cases involving drug smuggling or the trafficking of human beings. They can be an essential support in investigating and prosecuting those who would prey on and profit from the misery of others. Such data were instrumental in the prosecution and conviction of David Headley in respect of his involvement in facilitating the atrocious terrorist attacks in Mumbai, India, in November 2008, in which 164 innocent people lost their lives. By entering details of his first name, a partial travel itinerary and a possible travel window in the PNR database, David Headley's full name, address and passport number were obtained. He was subsequently arrested and pleaded guilty to terrorism related charges.

While this measure is an important support in the fight against terrorism and serious crime, I am very conscious of the need to ensure the rights of citizens are not subject to unnecessary or disproportionate intrusion. It is important to strike an appropriate balance, especially in the protection of personal data, and the agreement does just that. Although the time constraints dictate that I cannot provide a full description of all of the provisions contained in the agreement, I inform the House that a very full and detailed debate on this proposal took place at a meeting of the Joint Committee on Justice, Defence and Equality last week.

The agreement contains a number of specific safeguards in respect of the use of PNR data. In particular, the processing of this data is strictly limited to the purpose of preventing, detecting, investigating and prosecuting terrorism offences and serious transnational crimes. The passenger name record, PNR, data will be retained by the US authorities for up to five years in an active database with restrictions on access. After the first six months the PNR data will be depersonalised, that is to say, fields that could identify an individual will be masked out. After the initial five year period, the depersonalised data are transferred to an inactive database with additional access restrictions. In the case of terrorist offences and related crimes the data may then be retained for up to a further ten years, that is to say, for a total of 15 years overall. In the case of serious, transnational crimes the data can then be retained for up to a further five years, that is to say, for a total of ten years overall.

The agreement contains specific, tailored safeguards in respect of privacy, data protection, data security, oversight, accountability, transparency, rights of access to information, the correction of errors and redress. Senators should note that under the terms of the agreement an individual will have the right to access his or her own data, to have incorrect data corrected and the right to redress for a violation of his or her rights under the agreement. The agreement provides that the administrative and legal safeguards which are in place in the US for privacy and data protection are available to all individuals, regardless of nationality, country of origin or place of residence. The agreement also provides for regular, joint review of its operation by the European Union and US authorities and for a joint evaluation of the agreement four years after its entry into force. The agreement will remain in force for seven years.

The proposal is one of several measures being taken at EU level in the justice and home affairs field which arise from commitments set out in the 2009 Stockholm programme. The Government is determined that Ireland will have a full, active and constructive engagement in bringing forward the European justice agenda. Given the potential value of PNR data in investigations into drug smuggling, human trafficking or international terrorism and the importance of giving a clear demonstration of our continued support and solidarity with the international community in the fight against these activities, I recommend Ireland's participation in this measure. I hope I will have the Seanad's support in this regard.