Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 306: To ask the Minister for Foreign Affairs his views on the opinion of the European Court of Justice Advocate General Mr. Phillippe Léger that the EU-US passenger name records agreement should be annulled due to the fact that there are inadequate protections; and if Ireland will not enter into or retain any agreement with the US that suffers from similar flaws to those outlined by the advocate general. [4233/06]

Dermot Ahern (Louth, Fianna Fail)
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I have noted the opinion of advocate general of the Court of Justice of the European Communities, Mr. Philippe Léger, given on 22 November 2005, in cases C-317/04 and C-318/04 concerning the transfer of air passenger name records to the US authorities. The advocate general proposes that Commission Decision 2004/535/EC, dated 14 May 2004, and Council Decision 2004/496/EC, dated 17 May 2004, should be annulled on the grounds that neither decision has an appropriate basis in European law.

In these cases, the advocate general has considered the relevant Community law relating to the protection of personal data, and its application to the activities of a state in areas of criminal law, matters which are essentially the responsibility of the Minister for Justice, Equality and Law Reform. The opinion of the advocate general in the two cases is not binding on the Court of Justice.

The court is considering the case and will deliver its opinion at a later date. We will await the court's decision and will consider the matter in consultation with the Minister for Justice, Equality and Law Reform and the Minister for Transport, both of whom have responsibilities in the area.