Jim O'Keeffe (Cork South West, Fine Gael)
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Question 181: To ask the Minister for Justice, Equality and Law Reform his views with regard to the approach of the EU framework decision on the use of passenger name records for law enforcement and the criticisms of the Data Commissioner; if in view of same he will indicate his views on the proposal; if additional safeguards are needed; and if he will make a statement on the matter. [42966/08]

Dermot Ahern (Louth, Fianna Fail)
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The proposed EU Council Framework Decision on the use of Passenger Name Records (PNR) for law enforcement purposes is under consideration within the Council framework at present. Under the French Presidency of the Council the Member States have undertaken an in-depth thematic reflection on the nature of a PNR system and issues related to it, with the active involvement of sectorial operators, fundamental rights and data protection interests and the European Parliament. This work will be continued under the incoming Czech Presidency of the Council.

The proposed Framework Decision will include appropriate safeguards to be built into any system which is established in order to protect fundamental rights, particularly the right to data privacy. The exact nature and extent of these safeguards is yet to be finalised but views expressed by the Member States and a range of other interested parties, including the Article 29 Working Party on data protection, the European Data Protection Supervisor and the European Fundamental Rights Agency, will be taken into account.

The proposal has been the subject of a recent report by the Oireachtas EU Scrutiny Committee, which heard the views of the Data Protection Commissioner. He expressed his reservations about certain aspects of the proposed Framework Decision and the Committee's report reflects those concerns. I will, of course, take into account the views of the Committee in the course of further discussions on this proposal at EU level.

Measures to assist the Gardaí in their fight against terrorism and serious crime which are proportionate and which contribute to a more secure environment for Irish and other EU citizens deserve support. PNR data are widely collected by operators in the travel sector and it makes sense to make use of data sources which are already available. However, I remain conscious of the need to achieve balance and proportionality in any measures that would be taken in this field.