Heated debate over airline data deal

An agreement between the European Union and the US on the transfer of airline passenger details to the US Department of Homeland Security was the subject of heated debate before the Joint Committee on Justice this afternoon.

The EU-US Passenger Name Record (PNR) agreement allows US authorities access to data routinely collected by airlines including passenger names, addresses, credit card details and seat numbers.

Citing a number of cases where sharing of PNR data led to successful prosecutions, Minister for Justice Alan Shatter said the measures contained in the agreement will give law enforcement authorities an advantage in the fight against crime and terrorism and “are to be welcomed and deserve support.”

He outlined provisions which he said limit the use of PNR data and pointed out that individuals will have the right to access his or her own data, to have incorrect data corrected and will have the right to redress under the agreement.

Dublin North Central TD Finian McGrath asked if Mr Shatter had “any concerns at all” about the human rights record of the United States and asked if an “uncritical view” was being taken on the matter by the Department of Justice.

“I don’t share Deputy McGrath’s paranoia about the United States,” Mr Shatter replied.

“I am concerned to ensure that there’s maximum co-operation between this State, between EUmember states and the United States in fighting terrorism and fighting organised crime,” he said.

Mr Shatter said it was “extraordinary” that Mr McGrath was “using the committee” for his “usual anti-American diatribe” to which Mr McGrath accused the Minister of “not having any regard for human rights” and of not answering his questions.

Mr Shatter said the agreement contains a broad range of provisions and safeguards for the protection of personal data and described the proposal as a “balanced and measured proposal” that has been subjected to “detailed examination” by the EU.

“I am satisfied it is an appropriate measure. I believe it is important to protect the human rights of innocent individuals who want to go about their lives without fear of bombs exploding or of aircraft being used as weapons,” he said.

In response to another question, Mr Shatter said it would “make some sense” to have a similar instrument in place in the context of sea travel.

The Committee also heard a statement from the minister on the recent publication of an independent report into the deaths of three Irish soldiers in Lebanon in March 1989.

The families of Corporal Heneghan and Privates Armstrong and Walsh were present for today’s hearing.

The committee heard how new information uncovered in 2011 led to the independent report, written by Frank Callanan SC and commissioned by Mr Shatter.

Mr Callanan’s report said there was a deficient assessment of the threat level and a failure to adopt appropriate force protection measures. Mr Shatter read the main findings into the record.

“It can never be absolutely certain that their loved ones would have been saved if the Defence Forces had adopted a higher risk posture and appropriate protection measures but it must be accepted that appropriate procedures could possibly have avoided this tragedy,” Mr Shatter said.

“I believe that the Defence Forces have learned from the failure in this instance to undertake an adequate threat assessment and thus deploy appropriate force protection assets,” he added.