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Statement by the Minister for Justice, Equality and Defence Mr. Alan Shatter T.D. Proposed EU Directive on the use of PNR data for the prevention, detection, investigation and prosecution of terrorism and serious crime

A Cheann Comhairle,

I move the Motion.

The Motion before the House proposes that Ireland should exercise the

option set out in Article 3 of Protocol 21 to the Treaty of the Functioning

of the European Union to participate in the adoption and application of an

EU Directive of the European Parliament and of the Council on the use of

certain air travel reservation data - Passenger Name Record data or PNR -

in the fight against terrorism and serious crime.

I am strongly of the view that Ireland should opt in to this proposal. Any

measure which can give the Gardaí and their EU counterparts an advantage in

the fight against terrorism and other serious criminal activities is to be

welcomed and deserves our support.

We have to recognise that the ever-increasing openness of our borders

cannot be allowed to work to the benefit of terrorists and criminal groups.

We must make use of the opportunities that information sharing presents for

our police to maximise the security of EU citizens.

This measure is one of a number being taken at EU level arising from

commitments set out in the Stockholm Programme, agreed in 2009. The

Government is determined that Ireland will have a full, active and

constructive engagement in bringing forward the European justice agenda.

This proposal replaces an earlier PNR proposal which was not finalised

before the entry into force of the new Lisbon Treaty arrangements. The

current proposal is made under the new arrangements, which involve the

European Parliament as co-legislator. There is general support among the

Member States for this proposal and Ireland has indicated support in

principle for the measure.

Details and impacts of the proposal

This Directive proposes that Passenger Name Record data concerning flights

in and out of the EU will be available to national authorities for

combating terrorism and serious crime. PNR data is information relating to

passengers’ reservations which are collected and held by air carriers. The

Directive will require the airlines to provide a portion of this

information to the relevant Member State’s authorities.

PNR data is already provided by airlines on flights between the EU and the

United States, Canada and Australia, including flights from Ireland. It

hardly seems credible that EU Member States should provide this kind of

information to third countries but neglect to avail of the advantages it

will afford us in tackling terrorism and serious crime. The UK, Swedish

and Spanish authorities have been routinely collecting PNR data for some

years now and it has proved to be a very valuable tool in a range of

investigations targeting drug smugglers, human trafficking rings and

terrorists.

The proposal includes a clear, purpose limitation. Accordingly, the data

collected and processed may only be used for the prevention, detection,

investigation and prosecution of terrorist offences and serious crime. The

offences involved are those already established in European and national

law under the Framework Decisions on combating terrorism and on the

European Arrest Warrant. To that extent it will complement those

instruments.

Under this proposal airlines operating flights into and out of the EU,

which are departing from or arriving in Ireland, will be required to send

the specified PNR data from their reservations system to the Irish

authority tasked with their analysis. Airlines operating international

flights departing from or arriving in other EU Member States will be

obliged to transfer PNR data to the relevant authorities of those Member

States.

The current draft proposal is limited to flights between the EU and third

countries. However, there is significant support to include flights

between EU Member States in the scope of the Directive. This is a matter

which will be considered as the discussions on the Directive proceed.

I discussed the proposal with my EU colleagues last week at the Justice and

Home Affairs Council in Luxembourg. I made clear Ireland’s general support

for the measure as an important potential tool for countering the

activities of organised criminals and terrorists, and for improving

security in the EU. I also indicated Ireland’s support for the inclusion

of intra-EU flights in the scope of the measure, an approach which, I

should say, was supported by the majority of other Member States around the

table. Of course, the exact form in which internal EU flights may be

included will have to be worked out in the course of the negotiations over

the coming months.

Obligations on airlines

As I indicated, airlines will be obliged to transfer the specified PNR data

held in their reservation systems to the authorities of the relevant EU

Member State. Under the current proposal there are 19 fields of

information which may be transferred, including name, address and contact

information of passengers, travel itineraries and payment methods.

I should stress that for the most part these data are already collected by

the airlines and the proposal does not oblige them to collect any

additional data.

Of course, the extent of any costs falling to airlines in providing the

data will vary depending on the size and scope of their operations.

However, I believe these costs to be justified by the value to both

national and European security which is to be achieved by participating in

such a measure.

Obligations on Member States

Each Member State will be obliged to establish a national Passenger

Information Unit (PIU) to receive and process the data provided by

airlines. The European Commission has indicated that EU funding is to be

made available for some of the set-up costs for Member States.

Once established, Member States will have the right to request the PNR

data, and if necessary, the results of the processing of such data, from

other Member States. This, it seems to me, is an obvious aspect of the

form of EU cooperation between Member States. Sharing of findings is

essential to ensure that EU boundaries are not a barrier to effective

action against terrorists or criminal groups. Such requests and sharing of

information will however, be subject to strict data protection measures

which, as the House will be aware, is always a matter requiring particular

attention with regard to information-sharing measures such as this.

Data retention periods and data protection

This measure, as I have already said, is an important tool in the fight

against terrorism and serious crime. However, I am also conscious that we

must always be careful to ensure that the rights of citizens are not

subjected to unnecessary or disproportionate intrusion. It is important,

therefore, to strike the appropriate balance, especially with regard to the

protection of personal data.

The PNR data will be used in a number of ways to enhance security and

prevent or detect crime. It may be used reactively following the

commission of a crime to assist with investigations. However, it may also

be used proactively for the purposes of trend analysis and creating

assessment criteria to identify potential threats. The data may also be

analysed in real time to prevent the commission of terrorist or criminal

offences. Accordingly, the period for which the data can be retained under

the Directive is strictly circumscribed.

So, in contrast to the previous 2007 proposal in this area, this proposal

set out much shorter data retention periods. The Directive provides that

data will be stored for an initial 30 day active period. Thereafter, it

will be anonymised and retained in an inactive database for a further five

year period. During this five year period, the data will only be

accessible by a limited number of personnel in the national unit and for a

specific purpose.

Opt in Procedure

Under Article 3 of Protocol 21 to the TFEU, Ireland has three months from

the date a proposal is presented to the Council to decide whether to opt in

to the adoption and application the proposal. The prior approval of both

Houses of the Oireachtas under Article 29.4.7 of the Constitution is

required to enable the Government to exercise that option. The deadline

for the opt in is 10 May 2011.

Given the potential value to law enforcement services of PNR data,

particularly with regard to investigations into drug smuggling, human

trafficking or international terrorism, given the important sensitive

issues of the protection of personal data and given that the proposal will

have some implications for the aviation industry, I am convinced that it is

essential that Ireland should opt-in to the negotiations in order to

participate fully in those negotiations and to be in a position to seek to

influence the outcome.

I have no doubt the majority of Deputies will share this view and I commend

the Motion to the House.