Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I am happy to facilitate the Seanad in its consideration of these European Council decisions on the proposed agreement between Canada and the European Union on the transfer and processing of passenger name record data. However, it is unfortunate that the Seanad felt the need to raise this issue because it was discussed at great length at yesterday's meeting of the Joint Committee on Justice, Defence and Equality, a committee which every Member of this House may attend. I am very conscious that the House has other business to do and that the committee is inundated with work and I am not sure we need to duplicate the work on exactly the same matter two days in a row. Nevertheless, I am very happy to be here to deal with it.

Senators Ivana Bacik and Denis O'Donovan attended yesterday's committee meeting out of an interest in the issue. As my colleague, the Deputy of State, Deputy Kathleen Lynch, gave a full presentation at yesterday's committee meeting in my absence as I was at an EU meeting in Lithuania, I do not intend to go into every detail. However, the context in which the proposed agreement arises and the value of Ireland's participation are clear.

The motions are necessary to enable Ireland to participate in this measure in accordance with the provisions of Protocol No. 21 to the Treaty on the Functioning of the European Union, with which Members will be familiar. Prior Oireachtas approval is required, in accordance with the provisions of Article 29.4.7° of the Constitution, to enable Ireland to exercise the option to participate. In the case of this measure, Ireland must signal its participation by 26 November. Because of the nature of the discussion that can be had at the joint committee meeting it is a better forum to allow Members to tease out the implications of measures such as this than either this House or the Dáil.

The agreement will replace the current EU-Canada passenger name record, PNR, agreement which was concluded in 2005 and has been in operation since. Following the entry into force of the Lisbon treaty, the European Parliament requested a renegotiation of this and the PNR agreements then in place with the United States and Australia. Subsequent to the European Parliament’s request for a renegotiation of the agreement with Canada, the Council of Ministers authorised the European Commission to conduct negotiations on behalf of the European Union and the agreement now proposed was established.

I will briefly outline the proposed agreement without going into the same detail as yesterday. The agreement provides that air carriers operating flights between the European Union and Canada will provide for the Canada Border Services Agency certain PNR data for passengers flying to or from Canada. PNR data are information on passengers’ travel reservations collected and held by air carriers as part of their reservations systems. The data will be provided for the Canadian authorities for the purposes of combating terrorism and serious transnational crime, on the importance of which we all agree. This new agreement will have no new or additional impacts for air carriers as the PNR data are already being provided under the 2005 agreement. However, the new agreement includes comprehensive data protection provisions and safeguards which are built in as part of the agreement. That was not the case with the 2005 agreement, which is why the provisions in this agreement repreent a substantial advance.

It is essential to strike the right balance in law enforcement measures such as these, especially regarding privacy and the protection of personal data. I am very conscious of the need to ensure the rights of citizens are not subject to unnecessary or disproportionate intrusion, notwithstanding the need to protect individuals and society against harm. Accordingly, the agreement contains a number of important, bespoke safeguards regarding the use of the PNR data. The purpose of processing the PNR data is strictly limited to preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crimes. Furthermore, the agreement sets out clearly a series of provisions relating to the arrangements for the secure handling of the PNR data and data protection.

I draw Senators' attention, in particular, to provisions which establish that an individual will have the right to access his or her own data, to have incorrect data corrected and to seek judicial redress, including, if appropriate, compensation, for any violation of his or her rights under the proposed agreement. The PNR data may be retained for up to five years in total. However, they will be depersonalised by the masking out of passenger names after an initial period of only 30 days. Furthermore, full depersonalisation of the data – the masking out of all other identifying information – will take place after two years.

Additional controls are included regarding the processing of sensitive personal data. The processing of this data is limited only to very exceptional cases, subject to strict additional conditions and safeguards and must be deleted after a period of 15 days. The European Union is satisfied that the data protection provisions in force in Canada are sufficiently robust to protect EU citizens.

Ireland has until 26 November to decide whether to opt in to the adoption and application of the proposed agreement.

This proposal is one of a number of 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. A number of countries, including the UK and the US, have been making use of PNR data for some years now to help tackle transnational serious crimes and terrorism. The data has proved to be a valuable resource in a range of investigations, particularly against terrorism, drug smugglers and human traffickers.

I know Members will appreciate the inherent difficulty of making public the details of sensitive operational methods that are used in such investigations but I know that a flavour of the usefulness and the potential value of PNR data to law enforcement was set out at the joint committee yesterday. I am aware also that the Minister of State, Deputy Lynch, placed particular emphasis on the potential value of PNR data in investigations into drug trafficking and human trafficking. I echo what she said in regard to human trafficking. This crime is a particularly reprehensible abuse of human rights. It is rightly considered to represent the modern equivalent of the slave trade. We are all too aware of the inextricable links to the sexual exploitation and abuse of women in the context of human trafficking.

With regard to terrorism, PNR data continues to be an invaluable support in terms of the data tools available to investigators. Terrorism continues to present a real and persistent threat to the international community and, as legislators in the EU, we have a duty to ensure we take necessary proportionate measures to ensure that police and law enforcement services have the best information available to them in dealing with this area. I have no doubt as to the value of PNR data for those services investigating terrorism and other serious transnational crimes.

It is important that Ireland should opt into this proposed agreement. Our participation in the measure is a clear demonstration of our continued support and solidarity with our EU and other international partners in the fight against these transnational criminal activities, and is a clear commitment that we have to ensure transnational crime and terrorism is addressed and dealt with, and that the wider public are protected. I have no doubt Members of this House will share my views in that regard.