Dáil Éireann Debate, Thursday - 19 October 2017
45. Deputy Ruth Coppinger asked the Minister for Justice and Equality his views on whether the European travel information and authorisation system is having a negative effect on civil liberties and on the ability of non-EU nationals to visit Europe; and if he will make a statement on the matter. [44220/17]
View answerA proposal to establish a European Travel Information and Authorisation System (ETIAS) with similar objectives to the US 'ESTA' system was put forward by the European Commission on 16 November 2016.
The proposal builds upon the measures in the Schengen acquis that concern the crossing of borders and in which Ireland and the UK do not participate. Therefore, Ireland (along with the UK) is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.
ETIAS is one of several measures being implemented by the EU to modernise border controls, enhance public security and facilitate legitimate travel within a Europe without internal frontiers.
Currently, there is no advance information as regards visa-exempt visitors coming to the Schengen external border. The number of visa exempt travellers to the Schengen countries will continue to grow, with an expected increase to 39 million by 2020. ETIAS is seen as necessary to strengthen the EU's capability to assess the potential migration and security risk represented by the increasing numbers of visa-exempt travellers.
ETIAS will be an automated ICT system created to identify any risks associated with a visa-exempt visitor travelling to the Schengen Area. All visa-exempt third-country nationals who plan to travel to the Schengen area will be required to apply for travel authorisation through the system prior to their trip. The information gathered via the system will allow for early checks against relevant databases, before travellers arrive at the external border.
The presence of a valid travel authorisation will give the border official a reliable indication that the person in front of them is likely to be a bona fide traveller. The process will be simple, inexpensive, fast and does not require a visit to a consulate. It will give travellers an early indication of their admissibility into the Schengen area.
The ETIAS proposal has regard to the issues of fundamental rights and contains appropriate safeguards in relation to the protection and sharing of personal data. Article 12 of the Regulation relates to non-discrimination and requires that processing of personal data within the ETIAS shall be non-discriminatory, notably on the grounds of sex, race, or ethnic origin, religion or belief, disability, age or sexual orientation. The system’s operation is required to fully respect human dignity and integrity.
Notably, a decision to refuse entry will not be taken by the ETIAS system, but by a national border officer, following a review of the information submitted and relevant systems and databases. If necessary, additional information may be sought from the applicant.
The EU Agency for Fundamental Rights (FRA) has been consulted on the proposal. FRA delivered an opinion to the European Parliament on 3 July 2017 in relation to strengthening the protection of fundamental rights as affected by the Regulation. This opinion will be considered during ongoing discussions on the proposed legislation.
