Madam Speaker, I think the question regarding Bill C-42 at this point is what would happen if we did not pass this bill. The government told us that if it was not in force by December 31, the Americans would deny overflights of United States territory, but here we are on February 2 and Air Transat is operating fine.
I understand the Bloc's concern that it has to do what Air Transat tells it to do. In the area of the air passenger bill of rights, the Bloc members were onside with the NDP in the beginning. Then Air Transat got to the Bloc members and they flipped to the other side and did what Air Transat told them to do. Now Air Transat is telling the Bloc members that they have to pass this bill because it is going to cost too much to fly around the edges of the United States. I guess those are valid concerns, but there are broader concerns to be dealt with on this issue.
At the end of the day, I feel, and I think this caucus feels, that if we had negotiated with the Americans in a tougher manner, they would have backed down. If we had said to the Americans that they would have sovereignty over their airspace and we would provide the information for those passengers for those 100 flights a day flying over their territory, but they would have to reciprocate and provide information on those passengers on the 2,000 planes that fly over Canadian airspace each day, I think we would have seen the Americans back off a bit.
They would have had to come to grips with what their constituents would have to say about this, what their airline industry and airlines would say to their government, and what all those thousands of passengers would have to say. There would be an uprising in the United States against their congressmen and senators. They would be telling the U.S. government at this point to hold back and be a little more understanding of the situation.
Let us look at what we would be providing under this agreement versus what we are providing under the agreement with the European Union.
Under this agreement, I do not think we negotiated anything with the Americans. I think we simply kept their demands and said, “Yes sir, whatever you want you are going to get”. The reality is that we would provide all the PNR information to the United States, which the U.S. could keep for up to 40 years and perhaps share with other foreign governments. We are not really sure about that. The information on the PNR is tied to an individual's name, so privacy is a huge issue.
Let us look at the agreement Canada has with the European Union regarding the same information in the PNR. As a matter of fact, the Canada–E.U. agreement has been praised by Canadian and European data protection authorities because it has specific time periods for the disposal of data. In other words, they cannot keep it for 40 years as the Americans can under Bill C-42. They have to dispose of it after, I believe, a week. I am not sure of the days, but it is not a very long period before they have to dispose of the data. It limits the data's use, unlike what we are giving to the Americans. It limits, in particular, the individualization of the data. This is a really important point.
The information under the Canada–E.U. agreement is rendered anonymous. This allows the security services to build up the profile without attaching it to any one individual. Therefore, security is maintained.
If the member for Winnipeg North wants to get on a plane under this agreement that he is likely to vote for with his caucus colleagues, the Bloc and the government in the next number of days, the information he would have to provide would be in the Americans' computer system and it would be tied to him. They would do data mining and build a bank of information and a profile on him over time.
Under the Canada–E.U. agreement, the PNR information is separated from the person's name. Therefore, a person's privacy is maintained. They still accomplish the same goal that they are trying to get. They can build up profiles but they are not violating privacy. This has become one of the global standards for international treaties on PNR agreements. By getting involved with the Americans in Bill C-42, we are moving away from that high standard with the passage of this legislation.
I wish the Liberals and the Bloc would pause for a second and take another look at this.
As I said, we were supposed to pass this bill by the end of the year or the flights would stop. Well, the flights are continuing, and if we do not pass this legislation now, the flights are going to continue into the future. The Prime Minister will be in Washington on Friday no doubt to provide some answers and excuses as to why his government has been unable to get this legislation through the House. It is his problem to explain it, because he waited until the last possible minute to bring the legislation before the House in the first place.
There are other broader issues we should be looking at here. We should get the initial infrastructure that we have had in place since 9/11 working properly first. I will give a few examples of things that are not working right and some broad areas that we should be looking at.
One example is the trusted shippers program. We have a huge exposure in Canada and the United States with I believe it is 1,000 trusted shippers under the trusted shippers program who are not following up on packages and baggage. People are sitting on airplanes after having gone through all the security procedures, and packages and parcels that have not been checked are on the planes right underneath them. Does that make any sense at all?
We should be concentrating on where the exposures are. Right now the biggest exposure according to the American Air Line Pilots Association is the trusted shippers program, all the mail and packages that are being put on planes without being checked. Why are we not looking at that area? In the whole area of the no-fly list, we do not even have the bugs worked out on that yet.
A couple of years ago, we were stopping Senator Ted Kennedy and refusing to let him on a plane. The member for Winnipeg Centre was denied boarding several times because another person with the same name was on the no-fly list. Six-year-old Alyssa Thomas was denied boarding because her name is on the no-fly list. They would not let her on the plane.
And we trust these people with all these data? Good luck, if the Bloc and the Liberals, and the government for that matter, think that giving all this information to the Americans is somehow going to provide security.
All we are going to get at the end of the day is perhaps a delayed flight if we have to go around American airspace. I am not suggesting that is ever going to happen. I would suggest that we should call their bluff and not pass the legislation.
What are other countries doing? What is Mexico doing? The member for Western Arctic said the Mexicans are not participating in this program. Why do we not check these things out? Clearly, the government has no desire to give us information as to what is going on.
When I talk about a reciprocal agreement, what kind of negotiating is going on in the government when it simply holus-bolus accepts what the Americans want it to do? The Conservative government does not say that if we are going to give them information, we want theirs. Did it occur to anybody over there in the government, the government negotiators, at least to suggest that to the Americans? Perhaps that would have slowed down the process a bit. But no, we are simply rolling over.
The government told me that it does not want to ask them for the information because we do not have a computer system that could handle all the information. The Americans are going to take our information on 100 flights and they are going to spend, and I forget the figure I was told, but a huge amount of money anyway to deal with this data and we would have to do the same thing if we got information from them.
I would suggest that the government start looking at its negotiating team and maybe get it to do a little more work.