Mary Upton (Dublin South Central, Labour)
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Question 179: To ask the Minister for Transport if legislation is required to introduce full body scanners at airports here; if such legislation is required and will be considered; if not, the protocols that will be applied to ensure that a person's dignity is maintained at all times; and if he will make a statement on the matter. [5916/10]

Noel Dempsey (Meath West, Fianna Fail)
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Aviation security at EU airports is governed by EU Regulations (EC) Nos. 2320/2002, 300/2008 and 820/2008. These Regulations established common Community rules in the field of civil aviation security, in force since January 2003. These Regulations and a series of supplementary implementing Regulations have been adopted into our National Civil Aviation Security Programme (NCASP).

All Irish airports with commercial flights are required to comply with the requirements of the EU Regulations and the National Civil Aviation Security Programme. These requirements include measures for the screening of departing passengers, their cabin and hold baggage. The EU Regulations stipulate that all departing passengers and their cabin baggage shall be screened in order to prevent prohibited articles from being introduced into security restricted areas and on-board aircraft. The Regulations also specify the means by which passengers may be screened, including hand search and walk-through metal detection (WTMD) equipment. The use of body scanners as a method of screening passengers has yet to be approved by the EU. However, EU Regulations allow for trialling of new types of security equipment and body scanner technology has been and, continues to be, trialled at a number of EU airports. A special meeting of the European Union Regulatory Committee for Civil Aviation Security was held in Brussels on 7 January 2010. The Committee received a factual report from the authorities of the Netherlands and the United States on the serious incident that took place on flight NW 253 from Amsterdam to Detroit on 25 December 2009.

Following an exchange of views on the security situation in the aftermath of that incident, the Committee unanimously underlined the need for an EU approach to addressing the security situation, including the use of imaging technology, commonly referred to as body scanners, as one means for screening passengers.

The Commission is considering an initiative on imaging technology to reinforce passenger security, while at the same time addressing the conditions for using such technology, in particular, privacy, data protection and health issues.

I am aware that Dublin Airport Authority has issued a tender notice seeking expressions of interest for the supply of body scanners. Dublin Airport Authority has indicated that this is merely a first step in preparing for the possible use of such technology and is aware that deployment at any airport in the State, even on a trial basis, would be subject to approval by my Department and the European Commission.

Consideration of the use of body scanners has not reached the stage where any decision has been made as to whether, and if so to what extent, legislative measures will be required. I have been advised by my colleague the Minister for Justice, Equality and Law Reform that any measure introduced will have to comply with the rights and protections provided for in our Constitution and the European Convention on Human Rights.