Pat Breen (Clare, Fine Gael)
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Question 16: To ask the Minister for Justice, Equality and Law Reform the situation regarding the extension of EU proposals on passenger name record data; if the Government will adopt these proposals; if these proposals will include legislation to tighten laws on the use of militant web sites; and if he will make a statement on the matter. [29301/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I assume the Deputy is referring to a series of proposals tabled by the European Commission last month in relation to counter terrorism. As the Deputy may be aware, the current EU Counter-Terrorism Strategy constitutes a wide-ranging and interlinked approach across EU Member States to tackle the common threat posed by international terrorism. Progress in the ongoing implementing of this Strategy has been significant and sustained, including in Ireland, where the Criminal Justice (Terrorist Offences) Act 2005 was enacted to extend Ireland's existing, effective counter-terrorism machinery to new forms of international terrorism.

The European Commission's recent proposals focus on certain specific aspects of this problem, as a supplement to the existing EU Counter-Terrorism Strategy. Specifically, the European Commission has made proposals for:

(1)a Framework Decision on the use of passenger name record — or PNR — data for law enforcement purposes;

(2)new measures to counter the illegitimate acquisition and use of explosives; and

(3)changes to the existing EU Framework Decision on Combating Terrorism to outlaw terrorism-related incitement; recruitment, especially via the internet; and terrorist training.

In relation to its tabling of a draft Framework Decision on PNR data, the Commission proposal aims to harmonise Member States' provisions on obligations for air carriers operating flights to or from the territory of at least one Member State regarding the transmission of PNR data to the relevant national authorities. In particular, the draft Framework Decision provides for the making available of PNR data for the purpose of preventing and combating terrorist offences and organised crime, as well as for the collection, retention and exchange of those data by and between the Member States.

In relation to the proposed changes to the existing Framework Decision on Combating Terrorism, dating from 2002, the Commission seeks to harmonise national provisions on public provocation to commit a terrorist offence as well as recruitment and training for terrorism, whether committed through the internet or otherwise, so that these forms of behaviour are punishable throughout the EU. It is important to note that the proposal for a Framework Decision on PNR data, together with the other proposals, are simply proposals at this stage. They have yet to be considered by the Council of the European Union in the relevant Council working groups. Accordingly, it is not known how these proposals may evolve as Member States consider their terms.

In this regard, it is, of course, a truism to state that we are all in favour of measures to combat terrorism. However, in considering any new proposals, particularly at EU level, it is important that we consider both their utility and practicality, their added value and their proportionality. At this stage, however, the final shape of the proposals will not be known for some time, nor, for that matter, will the disposition of our EU partners. Accordingly, it is not possible to state whether and how transposition will occur. In any event, there will, of course, be an opportunity for the Oireachtas to consider all relevant matters, including by my colleagues in this House.