Passenger Name Records: EUC Report

Lord Hunt of Kings Heath Excerpts

Thursday 17th March 2011 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I congratulate the committee, and indeed the sub-committee on home affairs, on producing this important report. I am grateful to the noble Lord, Lord Hannay, for the historical context in which he placed the debate today. The report was published on 11 March and here we are debating it on 17 March. This is in remarkably quick time and I commend this opportunity to have an early debate and, by the terms of the Motion, come to a considered view on the question of whether or not to have the opt-in. I note from paragraph 23 that the sub-committee hopes that this will allow the Government to be fully aware of the views of the committee and of the House itself. The Opposition certainly support that aim.

One should be in no doubt about the importance of this decision. As the Home Office memorandum makes clear—I am grateful for the clarity provided in that memorandum—passenger name record data are an essential supply of data for the security, intelligence and law enforcement agencies for investigations and operations, and are a proven and vital tool for the prevention and detection of serious crime and terrorism. As the committee points out, the collection of PNR data, their transfer to border and enforcement agencies and their retention for a number of years constitute a substantial invasion of privacy with major data protection implications. It is therefore right, as the committee states, that such collection is justified only if the benefits in combating terrorism and serious crime are as great as is stated.

I note the points raised by the noble Lord, Lord Hodgson, and the noble Earl, Lord Erroll, about the broader implications behind the collection, holding and security of such data. It is interesting to look back to 2007 when the original proposal was put to the European Parliament. Criticism was expressed at the time in that Parliament’s resolution about the need for the actions proposed to be fully justified. The European Parliament also questioned whether the proposal met the standard required for justifying interference with the right to data protection. With regard to data protection, the European Parliament called for a clear purpose limitation and emphasised that only specific authorities should have access to PNR data.

A lot of progress has been made subsequently. In the Explanatory Memorandum produced for the European Parliament and Council in February 2011, the Commission is now able to argue that the proposal is fully in line with the overall objectives of creating a European area of freedom, security and justice; that, because of the nature of the proposed provision, the proposal is subject to in-depth scrutiny to ensure that its provisions are compatible with the fundamental rights, especially the right to the protection of personal data enshrined in Article 8 of the Charter of Fundamental Rights of the EU; and that the proposal is in line with Article 16 of the TFEU, which guarantees everyone the right to the protection of personal data. Overall, it concludes that, in addition to being in line with existing data protection rules and principles, the proposal contains a number of safeguards to ensure full compliance with the proportionality principle and guarantee a high level of fundamental rights protection.

I note the committee’s conclusion that it has no hesitation in accepting the Home Office’s assessment of the value of PNR data for the prevention and detection of serious crime and terrorism. The committee agrees that the case for EU-wide legislation is compelling. I note, too, support for the directive to be extended to intra-EU flights. This seems to me a sensible approach, as explained in the committee’s memorandum.

The committee’s support for opt-in is entirely consistent with the thrust of its support generally. I would be interested to hear the Minister’s response on that point. Her ministerial colleague was reluctant to give a view when he gave evidence to the committee, and I hope that the noble Baroness will be able to clarify that point and reassure the House on it.

This is a very telling report. We are in a sense setting a new pattern for the House to consider these matters, in that the committee is inviting the House to express a view. I very much support that proposition and commend the report to the House.