Dáil Éireann debate -
Tuesday, 27 Feb 1990

Vol. 396 No. 3

Ceisteanna—Questions. Oral Answers. - Deportation Case.

Patrick McCartan

Question:

31 Mr. McCartan asked the Minister for Justice the reason for the deportation from this country on 9 February 1990 of a person (details supplied) who had received an entry visa and work permit for this country and who had been working in a Galway hospital for 18 months; if he intends to introduce any procedures for reviewing the cases of aliens whom it is planned to deport, having regard to the fact that persons in such situations can at present be held and deported without legal aid or advice; if he will introduce procedures to ensure that nobody is deported from this country without a judicial hearing at which the person could be legally represented and allowed to make a case against any proposed deportation order; and if he will make a statement on the matter.

Mr. Burke

On 7 February 1990 I made an order under the Aliens Act, 1935 for the deportation and return to his own country of the person named by the Deputy. That order was carried out on 8 February 1990.

When I made that order I was satisfied, as I must be by law, that the continued presence in Ireland of the alien in question was not conducive to the public good. I remain satisfied that deportation was necessary and that failure on my part to act would have been irresponsible.

I do not believe that it would be appropriate for me to disclose the reasons for my action in relation to this individual or indeed any individual whose deportation I may find it necessary to order in the future. I can assure the Deputy, however, that the public statement made by him in this matter contains a number of errors and makes a number of false assumptions.

As regards the final part of the Deputy's question, I have no proposals to amend the Aliens Act, 1935. Any proposals I might have would, of course, be announced in the usual way.

Mr. McCartan

I would welcome the Minister responding either now or in writing later to my statement which I stand over. How can the Minister suggest to the House that the presence of a qualified doctor who previously was given a residency permit and a work visa and who had been interviewed by the Medical Council and deemed fit to work and study as a surgeon, which is what he was doing very satisfactorily for a long number of months at University College Hospital, Galway, could be considered to be not conducive to the public good?

Mr. Burke

As I said, I am reluctant to disclose the reasons for the deportation of any individual as I do not think the individual is allowed to make a statement or enter into public discussion on his position. However, the Deputy has made a public statement much of which he has reiterated. Therefore, even though I am reluctant to disclose information on the individual and because the Deputy seems to be persisting and repeating his mistakes, I think I can make the following brief comments on it. First, the alien involved did not have a work permit or permission to be in this country and the Aliens Section of my Department did not cancel without notice or explanation either the work permit or permission to reside. In relation to the work permit, as the Deputy will be aware having experience of these matters, under the law work permits are the responsibility of the Department of Labour and therefore their issue, renewal or withdrawal are not my responsibility. In the event, as I said, the work permit or permission to reside were not cancelled by anybody. They expired on 31 March and contrary to what the Deputy said in his statement——

Mr. McCartan

Expired when?

Mr. Burke

I am sorry, on 31 December. Therefore, contrary to what the Deputy said in his statement, there was never any question of, and here I will quote from the Deputy's statement, "the sudden withdrawal of his visa or work permit". The Deputy also raised in his statement the refusal of entry to the United Kingdom in 1987. It is true that the individual was refused entry there in 1987. It is equally true that the individual is known to have had three passports in his possession and it is also the case that a letter written to confirm the bona fides of the individual, purporting to be on behalf of the high commissioner of his country, is not on the record of that high commission and that the high commission does not stand over that letter. The Deputy in his statement claims that the individual in question was continually in contact with the Aliens Section of my Department in January seeking to have, as his statement puts it "some administrative error rectified" but this is not true either. I hope I have said enough now to show that the Deputy has taken one fact, the deportation, and used his imagination in an ill-judged attempt to attack the officials — I do not mind him attacking me — of my Department.

Mr. McCartan

I make no apology for making the statement I made. If the Minister was prepared to instruct his staff, as I requested last Thursday week, to meet with me to discuss the facts or indeed to convey to his secretary the reasons for the deportation of the doctor we might not now have these unseemly accusations and counter accusations.

An Ceann Comhairle

We cannot debate the matter just now. This is Question Time.

Mr. McCartan

I am merely making the comment that I have not come in here simply to make ill-judged attacks. I sought a meeting with the Department and information through the Minister's secretary as he was engaged abroad but they were not in a position to help as the Aliens Section refused. I would more than welcome the opportunity, if the Minister thinks the matter could be helped by having my facts straightened out, to have a meeting with his office and the Aliens Section to have the matter corrected from my or the Minister's point of view.

An Ceann Comhairle

I think I have given the Deputy every latitude.

Mr. McCartan

The question deals with the far greater issues surrounding the Aliens Section. Does the Minister intend to address at any stage what appear to be extraordinary powers where the aggrieved person has no right of appeal or redress, bearing in mind the facts of this case which are that on 7 February the Minister made an order and within 24 hours the person concerned was deported from this country, despite having been here for a considerable period of time? That is not a satisfactory way to deal with a person's right——

An Ceann Comhairle

The Deputy has strayed very considerably from the procedure at Question Time.

Mr. Burke

I have already gone into great detail in a most unusual manner. It is not usual to go into detail on particular cases but I felt I had to respond to the statement made on 19 February by Deputy McCartan on this individual. I want to emphasise that he did not have a work permit or permission to be in the country and that my Department did not cancel without notice or explanation either the work permit or permission to reside.

Mr. McCartan

He did have them up to 31 December. The Minister is playing on words.

Mr. Burke

I have also stated quite clearly that the individual concerned was refused entry to the United Kingdom and had three passports in his possession and that a letter which he used to confirm his bona fides——

Mr. McCartan

I have two.

Mr. Burke

It is also the case that a letter written to confirm the bona fides of the individual, purporting to be on behalf of the high commissioner of his country, is not on the record of that high commission and that that high commission does not stand over the letter.

Mr. McCartan

The Irish consul there is under investigation.

Mr. Burke

Of course I am prepared to assist any Deputy in this House at any time. Therefore, if the Deputy wants to come to talk to me about this matter I would be delighted to sit down and talk to him about it in my office.