Written answers
Tuesday, 20 September 2011
Department of Justice, Equality and Defence
Social Welfare Fraud
9:00 pm
Patrick O'Donovan (Limerick, Fine Gael)
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Question 377: To ask the Minister for Justice and Equality if consideration has been given by him to introduce amendments to the Data Protection Acts in order that airlines could be compelled to provide details, including passenger name record, to him as a means to combatting social welfare fraud; and if he will make a statement on the matter. [24628/11]
Alan Shatter (Dublin South, Fine Gael)
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I would draw the attention of the Deputy to provisions contained in the Immigration, Residence and Protection Bill 2010. Section 127 of the Bill sets out the obligations on carriers in relation to the provision of information in relation to persons travelling to or from the State and the uses to which that data can be put; including for law enforcement purposes. The information collected may be shared with a number of Departments and agencies in specified circumstances including the Minister for Social Protection where it relates to a person of concern who has committed or is suspected of committing an offence under the Social Welfare Acts.
One of the outcomes when this provision of the Bill is commenced is that it will allow us to meet the requirements of the Council Directive 2004/82/EC of 29 April, 2004 on the obligation of carriers to communicate passenger data. However, as an interim measure in advance of enactment of the Bill, I am actively considering transposing the above Directive by way of Regulation under the European Communities Act, 1972. This would facilitate the collection of passenger data by carriers on flights originating from outside the territory of the EU Member States and its transmission to the Irish immigration authorities for the purposes of combating illegal immigration and improving border control.
I should also add that section 8 of the Data Protection Act 1988 (as amended by the Data Protection (Amendment) Act 2003) provides that restrictions in the Act on the processing of personal data do not apply if the processing is required for the purposes of preventing, detecting or investigating offences or prosecuting offenders in any case in which the application of those restrictions would be likely to prejudice the exercise of those functions.
Noel O Ca
Posted on 22 Sep 2011 8:11 pm (Report this comment)
What a reply and it says so much. The New Government asked permission from the U.K. to sign up to Schengen where full cooperation would be accorded in weeding out illegals and others engaging in social welfare fraud. The U.K. said NO for the nth time. If Ireland signed up to the desirable honour of sharing the control and protection of external borders of twenty five other countries and Ireland -SCHENGEN- then the Brits would seal the land border......so Ireland remains in a position of having to guard the twenty six counties from all......invaders....exactly as in 1939.
Ireland had a 'little chat' with Brussels and were told again that severe punitive acction would be taken if Ireland applied API to any passenger(s) arriving on flights from ANY country within the European Union. Ireland is free to do what it likes with arrivals from the U.S. or other foreign countries as is the case with some other E.U. states and particularly Spain. Surely it is time for Ireland now to take on Spain through the Commission and demand that Spain ends its application of API against Ireland.
Passengers travelling within all countries of the Union have freedom of movement may I remind Immigration at Dublin airport and cannot be asked where they 'are coming from' as I was recently when arriving from a fellow member state....Apologies to the fifty people severely delayed by my refusal to cooperate....even if I did volunteer 'from Schengen'.
I wonder are the Department of Justice prepared to fight Brussels again on the Irish passport (issue) that cannot conform to normal Europe biometric standards while Ireland remains outside Schengen. Thousands were spent on a long court case in the European Court but as we are now almost if not bankrupt maybe.....