Seanad debates

Thursday, 14 November 2013

12:55 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)
Link to this: Individually | In context | Oireachtas source

In accordance with a decision of the House today, motions Nos. 1 and 2 will be debated together. Separate decisions will be made on each motion when the debate has concluded.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I move:


That Seanad Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure:Proposal for a Council Decision on the conclusion of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data,a copy of which was laid before Seanad Éireann on 6th August 2013.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | 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.

1:05 pm

Photo of Thomas ByrneThomas Byrne (Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank the Leader for facilitating this debate and I thank the Minister for his presence. The Seanad, following the referendum, is very conscious of its functions under the Constitution and I am particularly conscious of our functions in regard to the justice and home affairs sector. It was put into the Constitution that both Houses of the Oireachtas would have to approve our opting into any of these measures and it is important the Seanad has a full, if short, debate on these matters. While the Minister may believe the Seanad is replicating the work of the joint committee, in fact, the opposite is the case in that the joint committee is doing work on behalf of the Seanad. However, the Seanad is the place where the decision must be taken on this issue - not the Government or a committee but the Seanad and, separately, the Dáil.

We will be supporting both motions today and we support what is sought to be achieved here. The Minister mentioned data protection issues, which are of huge concern. What I did not get from the Minister's speech was what our input was into the debate on this legislation we are now opting into, and whether we had particular concerns. It is important that, in future, we take the time to deal with all of these matters. The reality is that if something goes wrong with any of these laws, people will look back and ask what we did. The answer for this Chamber in most cases would be "Not very much".

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I fully accept this matter was dealt with comprehensively by the justice committee yesterday. I accept its deliberations and the recommendations that these motions would be passed, as I expect them to be. I share the Minister's support for the motion.

Photo of Ivana BacikIvana Bacik (Independent)
Link to this: Individually | In context | Oireachtas source

As the Minister said, I was present as a member of the joint committee on justice yesterday, as were other colleagues from this House, when we gave very comprehensive consideration to the motions before us. Indeed, we had received extensive advance briefings on those motions and we engaged with the Minister of State, Deputy Kathleen Lynch. The Minister of State was asked about matters such as the content of the PNR data and she gave appropriate and full responses. I am very satisfied we gave these measures comprehensive and proper consideration yesterday.

Photo of Sean BarrettSean Barrett (Independent)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister. Like Senator Byrne, I support the Minister on both of these motions. I lived in Canada for a number of years and know the human rights record there is extremely good, so there is no fear the data would be misused, and Canada would share our abhorrence of terrorism, drugs and human trafficking. As I said on the Order of Business, it is important that we do this now because we do not want to send out any wrong signals. Direct flights between Ireland and Canada are due to resume in April and, without them, a flight takes 12 hours and involves three security checks in Heathrow. We must be part of the international movement to preserve the safety of air travel. The impact of 9/11 on North Americans in both Canada and the United States has been extremely serious so we have to co-operate. They still face these problems every day. Communications and travel that are safe and the preservation of human rights are two goals that coincide. Both are encompassed here and I will certainly be supporting both motions.

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Cuirim fáilte roimh an Aire. Ach an oiread lenár gcomhleacaithe, tá Sinn Féin i bhfábhar an dá rún seo. I have been briefed by Deputy Pádraig Mac Lochlainn, who is our spokesperson on these issues and was also at the meeting yesterday. He said there was a very good and robust debate around the issues and the fact we certainly need to give the necessary capabilities to the authorities to combat terrorism, drugs smuggling, human trafficking and so on but we also need to achieve a balance with human rights. Our opinion is that this does go another step from the 2005 agreement because it puts in place extra guarantees that passengers can now access their own data on these issues. In addition, other data protection issues are dealt with in the motions.

It is an important message we are sending out from the Seanad today. Our relations with Canada tend to get overshadowed by our relationship with the United States but Canada is a very important partner to us internationally. I have been to Canada on a number of occasions, and particularly on my first trip I spent some time just trying to get through the system when I landed initially, I appreciate why this is a very important move. In addition, however, the message we are sending to our comrades in Canada is very important and I welcome it on that basis. Beidh Sinn Féin ag tacú leis an dá rún.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I want to thank Senators for the contributions they have made to the debate.

Question put and agreed to.