James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Senators for their contributions. I will begin by responding to Senator Gallagher's point about Ireland and the United Kingdom. While Ireland does not currently collect API data for flights from the United Kingdom, UK flights came within the scope of the 2011 API regulations from January 2021, when the UK became a third country. The 2011 regulations provide that the Minister "may" require a carrier to provide API, as opposed to "shall". The text of the current proposal, combined with the borders proposal, mandates API collection for all flights into the Union, which would apply to flights from the UK to Ireland. From a law enforcement viewpoint, it can be seen as desirable to fully participate in these API proposals and to gather and exchange API data on flights between the UK and Ireland. However, both proposals are still in negotiation and during that process, Ireland will consider further the possible effects of these proposals on the common travel area between Ireland and the UK. This point is also important in the context of Senator Higgins's remarks. Both of these proposals, both the border management regulation and the law enforcement regulation, are at negotiation stage. The law enforcement regulation, which falls under Title V, requires an opt-in whereas the borders proposal does not because it is part of the measures of the Schengen acquis, in which Ireland takes part, in accordance with Article 6.2 of Council Decision 2002/192/EC of 28 February 2002, concerning Ireland's request to take part in some of the provisions of the Schengen acquis. That simply means that it does not require an opt-in but both proposals are still under negotiation. We will continue to actively participate in those negotiations.

These essential point is that these provisions are necessary and are important for EU co-operation. As Senator Seery Kearney noted, we have to work together. Ireland is a small country on the periphery of Europe and we need to work with all of our European colleagues and others to ensure that we can tackle terrorism and crime. While I acknowledge Senators' concerns in relation to the use of these regulations, the European Court of Justice has been quite clear on the limits of what such regulations can be used for.There cannot be a level of overreach and they must be used only for the very clear purposes set out. Furthermore, data can only be retained for certain purposes and for a certain length of time.Of course, our State has a duty to protect to protect its borders and, following examination, to ensure that all of those passengers arriving into Ireland have the necessary documentation to protect our borders and to prevent illegal immigration. Illegal immigration is very different from the seeking of international protection. That distinction is very important. Anybody coming here to seek international protection will be given such protection in accordance with the law and our international obligations to protect human rights. As Senator Higgins rightly points out, it is a matter of ensuring this practice is being used for its intended purposes. I am confident that is the case. The European Court of Justice has provided very strong oversight in this area through its court decisions as to how previous regulations have been used and for what purposes. As Senator Seery Kearney pointed out, we are very strong on protecting people's human rights and we will continue to do so.

If airlines have any questions, they can contact the border management unit for clarification. If they have doubts as to whether somebody attempting to board an aeroplane has a right to do so or whether a person's documentation is correct, they can reach out for information in respect of that particular case. That is what I suggest airlines do. It may be the case that some airlines are just not engaging to get the clarification needed. It certainly is available to airlines as needed.