Violet-Anne Wynne (Clare, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

489. To ask the Tánaiste and Minister for Justice and Equality the current status of the Criminal Justice (Passenger Name Record) Bill 2022; and if she will make a statement on the matter. [56729/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy may be aware, EU Directive 2016/681 provides an EU legal framework for the use of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. 

The Directive requires the transfer by air-carriers of passenger name record data of passengers of extra-EU flights and the processing of this data, including its collection, use and retention by Member States and its exchange between Member States only for the purposes of preventing, detecting, investigating and prosecuting terrorist offences and serious crime.

The Directive also requires the establishment of a passenger information unit in each Member State which is responsible for implementing the requirements of the Directive.

The Directive was transposed in Ireland via the European Union (Passenger Name Record Data) Regulations 2018 (SI No 177/2018), which established the Irish Passenger Information Unit as part of my Department. 

The Regulations transpose the mandatory requirements laid down in the Directive for the transfer of passenger name record data of passengers of extra–EU flights arriving in the State to the Irish Passenger Information Unit and the processing and transfer of that data where this is appropriate and necessary. The Regulations also transpose the comprehensive data protection and data security requirements of the Directive.

There is an optional measure provided for in the Directive for the extension of the passenger name record arrangements to flights arriving from other EU states. The purpose of the Criminal Justice (Passenger Name Record) Bill is to enable the State to avail of this option and extend the operation of the passenger name record regime to flights arriving from other EU states.

As the Deputy may be aware, however, the Directive was the subject of a judgment of the Court of Justice of the EU in June 2022 in Case C-817/19, “Ligue des droits humains v Conseil des ministres”. My Department is currently considering the implications of the judgment for the development of the General Scheme of the Bill.