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Anti-Terrorism Measures

Dáil Éireann Debate, Wednesday - 13 February 2019

Wednesday, 13 February 2019

Questions (111, 112, 113, 114)

Lisa Chambers

Question:

111. Deputy Lisa Chambers asked the Minister for Justice and Equality the legislative and operational measures he has undertaken to develop and implement systems to collect biometric data to responsibly identify terrorists. [7332/19]

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Lisa Chambers

Question:

112. Deputy Lisa Chambers asked the Minister for Justice and Equality the challenges being faced in setting capacity to collect biometric data to responsibly identify terrorists. [7334/19]

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Lisa Chambers

Question:

113. Deputy Lisa Chambers asked the Minister for Justice and Equality if he is sharing biometric data relating to terrorist activities with other relevant states, Interpol and other relevant international bodies. [7336/19]

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Lisa Chambers

Question:

114. Deputy Lisa Chambers asked the Minister for Justice and Equality the way in which he is ensuring that the collection and exchange of biometric data is carried out in compliance with domestic and international human rights law. [7338/19]

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Written answers

I propose to take Questions Nos. 111 to 114, inclusive, together.

The information requested by the Deputy cannot be provided in the time available. I have requested the information sought from the Garda Commissioner and I will write to the Deputy on receipt of same.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Questions Nos. 111 to 114, inclusive, for answer on 13 February 2019, in which the Deputy requested information on the collection and sharing of biometric data in the fight against terrorism. As the Deputy will recall, the information you requested could not be obtained in the time available and I undertook to contact her again.
Combatting terrorism and serious transnational crime are utmost priorities for the Government and for our law enforcement authorities. An Garda Síochána works constantly to combat the threat from terrorism, from whatever source, and to identify and address any persons who may constitute a threat to public safety through terrorist activities.
In this regard the Garda Authorities work very closely with their counterparts in the UK and the EU and with international organisations, such as Interpol and Europol, in identifying persons who may present a threat and in taking the appropriate action to manage any threats identified.
Collecting and sharing information is an essential element of our on-going cooperation in identifying and managing threats from serious crime and terrorism. The Government has allocated €245 million over the course of the Capital Programme and this is supporting an ongoing programme of investment in An Garda Síochána and the Irish Naturalisation and Immigration Service to upscale connectivity to international information-sharing resources.  Biometric data, such as fingerprints, DNA and photographs, form an essential part of this information.
Data Collection:
Biometric data is collected by a number of Irish agencies: An Garda Síochána, Forensic Science Ireland (DNA), the Irish Naturalisation and Immigration Service (fingerprints), the visa offices in a number of countries such as China, India and Nigeria, as part of the British Irish Visa Scheme (fingerprints), and the International Protection Office (fingerprints).
The data collected is stored in a number of databases managed and operated by An Garda Síochána: the Automated Fingerprint Identification System (AFIS) and the Garda National Immigration Bureau Information System (GNIB-IS) or by Forensic Science Ireland: the National DNA Database System.
The Garda National Technical Bureau (GNTB) is based in Garda Headquarters in the Phoenix Park and falls under the remit of the Assistant Commissioner, Special Crime Operations. GNTB has a staff comprising of experts in photography, ballistics, fingerprints and mapping. GNTB uses advanced equipment and techniques in the recovery and analysis of evidence that form part of major investigations and complicated crime scenes throughout the State.
All crime scenes of a serious nature, including those related to terrorist activity, are serviced by the highly trained experts of GNTB.  The attendance of such experts guarantees the greatest opportunity of retrieving forensic evidence capable of being matched to subjects by means of biometric testing. GNTB is one of the key weapons in the organisation’s armoury to investigate and thwart serious crime, including terrorist related activities and operates to the highest standards.
It is also the case that all operational Garda Divisions have the capacity to take and obtain biometric data in the form of photographs, fingerprints and DNA from suspected offenders.
The National DNA Database System, maintained and operated by Forensic Science Ireland, has already proved to be an effective intelligence tool in its first 3 years in existence. The database facilitates the matching of DNA profiles from crime scenes (known as crime stains) with DNA profiles uploaded from individuals under criminal investigation, convicted criminals and former offenders, with a view to solving these crimes and securing convictions. As of the beginning of November 2018, the database contained 16,361 DNA profiles of suspected offenders and convicted offenders, along with 4,971 crime stain profiles. There have been some 1,825 person-to-stain matches to date, with a crime stain match effective rate of 36.7%, which compares well internationally. The crime stain match effective rate measures the crime solving capacity, which means that 37 out of every 100 crime stains uploaded onto the database are linked to a person.
The INIS Registration Office collects biometric information in the form of fingerprints, as part of the process of registering non-EEA nationals who have a permission to reside in the State for more than 90 days. The collection of this biometric data is carried out in compliance with the Immigration Act 2004 and the Data Protection Acts. The data is stored on the Automated Fingerprint Identification System (AFIS) and the Garda National Immigration Bureau Information System (GNIB-IS), both of which are operated by An Garda Síochána.
Biometric data in the form of electronic fingerprints is taken in respect of visa applications from certain nationalities coming to Ireland. A central feature of the operation of the British Irish Visa Scheme in China and India is the requirement for all visa applicants for both jurisdictions (Ireland and the United Kingdom) to provide biometric information. Such data is also taken from visa applicants in Nigeria and Pakistan. This data is checked against appropriate databases and helps underpin the protection of the Common Travel Area.
The International Protection Office (IPO) collects biometric information in the form of fingerprints, as part of the process of accepting applications for international protection. The collection of this biometric data is carried out in compliance with the International Protection Act 2015 and the Data Protection Acts.  The data is stored on the Automated Fingerprint Identification System (AFIS) operated by An Garda Síochána, and Eurodac - the European fingerprint database for identifying asylum seekers and irregular border-crossers.
Data Sharing
An Garda Síochána has long-standing sharing arrangements in place with international policing and security partners. Traditionally, the exchange of biometric data has taken place via Interpol/Europol channels and in accordance with formal Mutual Assistance requests via the Department of Justice & Equality in its role as the ‘Central Authority.
Access to the Europol Information System (EIS) is a major asset in cooperating with Europol to develop and implement systems to collect biometric data to identify terrorists responsibly. EIS is Europol’s central criminal information and intelligence database, covering all Europol’s mandated crime areas. It contains serious international crime-related information on suspected and convicted persons, criminal structures, offences, and means used to commit them. The system also allows the storage and automatic cross-checking of biometrics (DNA). Europol’s message exchange system SIENA also handles requests for cross checking biometrics from member states and Europol’s cooperation partners. Ireland also shares biometric data through Interpol to identify terrorists and serious criminals.
Developments in this area also include connectivity to Interpol resources for passport screening; the development of Passenger Name Records (PNR) and Advance Passenger Information (API) processing, and the use of e-Gates at Dublin Airport where they have been in operation since Oct 2017. Part of the Immigration Process whilst using the e-gate, is checks on the passport against facial biometrics. The e-Gates operate in compliance with applicable data protection standards. This data includes the MRZ data, the captured full page visible image from the passport, DG2 chip data containing the photo, the captured live image of the person, and transaction information associated with their e-Gate use. This data forms all or part of the ‘landing record’ for the person’s entry into the State. e-Gates are useable by EU/EEA/CH nationals aged 18 or over, bearing an ePassport.
The purposes for which the data may be accessed include ensuring the integrity of the immigration process, ensuring the integrity of the e-Gate solution, investigations into matters in relation to immigration crime, investigations into criminal matters more generally including serious crime/counter-terror, and investigations into missing person cases.
Further developments have allowed for connectivity to EU information exchange arrangements for DNA and fingerprint reference data (“Prüm” co-operation). On 2 December 2018 I signed the Commencement Order in respect of the relevant international cooperation provisions in the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. This represented a very significant development in assisting An Garda Síochána, and indeed police forces in other jurisdictions, in the investigation of crime. The coming into operation of these legal provisions will facilitate the exchange of DNA profiles and other identification evidence with other States, greatly enhancing international cooperation, particularly in combating terrorism and cross-border crime.
Data Protection
Access to the national DNA database and automated fingerprint information system by other States is strictly controlled and have regard to data protection requirements in respect of personal data. Searches will be conducted by officers authorised for that purpose using DNA profiles or fingerprint data that do not contain any identifying information on the person concerned. In other words, it will be anonymous. In the event that a search reveals a match between the data supplied and data contained on the database being searched, the matter must be pursued within the mutual assistance framework under the Criminal Justice (Mutual Assistance) Act 2008. The 2014 DNA Act made extensive amendments to the 2008 Act in order to ensure that persons whose DNA profiles or other forensic identification data are transmitted to other States under mutual assistance arrangements benefit from a comparable level of safeguards as is available to persons who are the subject of criminal investigations within the State.
Domestic and International Human Rights legislation is central to all procedures conducted by An Garda Síochána, including those centred on the collection and exchange of biometric data.  The key piece of domestic legislation with regard to the taking of biometric samples is the Criminal Justice (Forensic Evidence and DNA Database System) Act of 2014, which set out in law the strict procedural guidelines with regard to the collection, transfer and retention of biometric data.
Future Plans
Finally, work is ongoing by An Garda Síochána to develop connectivity to the EU’s second-generation Schengen Information System (SIS II) for the exchange of criminal information data between police services – it is anticipated that this will be operational in Q2 of 2020.  This system will use biometric data to identify people subject of alerts including alerts in relation to terrorism. SIS is an EU information system to share information for law enforcement, border and migration management. It contains alerts on wanted or missing persons and objects, such as vehicles, firearms and identification documents that have been lost or stolen or may have been used to carry out a crime. SIS II also contains copies of European Arrest Warrants (EAW), which are recognised as having the same legal value as the originals, making it easier for the Competent Authorities to ensure the necessary follow-up. Today, SIS is the most widely used security database in Europe, with over 5 billion consultations in 2017.
I hope this information is of assistance.
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