Dáil Éireann debate -
Thursday, 21 Jun 1990

Vol. 400 No. 3

Adjournment Debate. - Detention of Somalian Refugee.

Mr. Carey

I thank the Chair for allowing me to raise this matter. Deputy Flanagan wants to share time with me, if that is acceptable to the House.

This case illustrates quite clearly the insensitivity of the Aliens Section of the Department of Justice. There has been a dramatic hardening of hearts since the Minister, Deputy Burke, came to office. On 10 May Abdi Lur Alli a refugee from war-torn Somalia accidentally disembarked at Shannon Airport. He was on a flight which was going from Moscow to Havana. He expected that the flight would call to Gandar and he would have an opportunity to apply for political asylum or get refugee status in Canada. However, the aircraft was diverted to Shannon where he mistakenly tried to look for asylum. When he realised his mistake, he tried to tear his passport. The immigration officers took him into custody. Since then he has been jailed by the Minister for Justice. He has had no legal representation and is very distressed.

Recently there was a riot in the jail when Dublin drug barons tried to slash their wrists and caused mayhem. Limerick Prison is a distressing place to be at present. This man does not have a word of English. Despite appeals by Amnesty and other Deputies to the Minister to conform with the established precedent that inflight refugees in Shannon are put into the care of the Red Cross until the receiving country, be it Canada, the US or Australia has a chance to examine the refugee's application, he has not done so. We asked him to utilise instruments which were previously invoked by Ministers under the Aliens Act, 1935. I have two instruments, one is SI No. 154 of 1985 in the case of a Sri Lankan refugee and SI No. 31 of 1986 in the case of a Zambian refugee. These instruments have been used and the Minister could have invoked them and given the man an opportunity to make a case to the immigration authorities in the other countries.

It is very difficult for refugees to get to Australia or Canada from this country, particularly when the Aliens Section of the Department are inaccessible. When one tries to get in touch with the section one finds that they are almost permanently ensconced in Dublin Castle preparing for the magnificent Presidency of Europe. I am sorry to say this about the civil servants but they are a disgrace to their other colleagues who do a very good job.

An Ceann Comhairle

There is a tradition in the House that we do not reflect on officials. If the Deputy has a case to make he must blame the Minister and not his officials. Officials may not be attacked in this fashion.

Mr. Carey

The poor Minister has been in here trying to look for a level playing field and for sympathy.

An Ceann Comhairle

The Deputy should come back to the subject matter of the question I gave him permission to raise. If he does not we will go on to another question.

Mr. Carey

I am very disappointed with the way the Minister has dealt with the case of Abdi Lur Alli who was fleeing from a civil war. Amnesty have been in touch with the Minister's office about this man and have appealed for his release because of the current political situation in Somalia. In a recent news release they claimed that urgent reforms were necessary to protect Somalian citizens from abuse on the international stage. Amnesty International has called on the Government of Somalia to protect its citizens from arbitrary imprisonment, torture, extradition, execution and other serious human rights abuses by introducing a comprehensive programme of legal and institutional reforms.

Abdi Lur Alli is in fear of his life. All the Minister has to do is release the man into the care of the Red Cross in Ennis. There are seven Somalians in Ennis at present and there are representatives from both sides of the civil war in Somalia among that group. There is no row and no one has run away. There has not been any civil war in Ennis. I do not understand why the Minister cannot make that humane gesture.

Mr. Flanagan

The case Deputy Carey has highlighted of the incarceration of a Somalian citizen in our prison underlines for us the manner in which we address the problem of asylum and the treatment of refugees. It is ironic that at the time this unfortunate refugee entered our jurisdiction, the Minister was preparing to preside over a European interior justice meeting last week in Dublin Castle. On the agenda of that meeting was a draft convention to determine the European state responsible for asylum and refugee status. What we have been doing as a nation has been kept secret both by the Minister and the Department. We will be presented with a fait accompli by the European Parliament. It is alarming to note that of the 12 EC states we are the only one that did not have an opportunity to discuss the harmonisation of refugee and asylum policy in our national Parliament.

I hope that in the time available the Minister of State will deal with a couple of brief questions. Is it envisaged that this country will ratify a Convention which will require the centralisation of applications for asylum? Will somebody who has the misfortune to land at Shannon Airport to seek asylum, as the Somalian did, have his application determined in Germany, France or some other country outside this jurisdiction? Will we fully comply with the adequate safeguards which have been laid down by the United Nations in their Declaration of Human Rights in 1948? Is there adequate legal advice available at Shannon Airport? When the Minister puts his name on behalf of the State to the Convention will an interpreter be available? Will a representative of the United Nations High Commission in London be available to discuss the application with the unfortunate refugee who cannot, because of fears for his personal safety, return to his country?

An Ceann Comhairle

I should be grateful if the Deputy would bring his speech to a close.

Mr. Flanagan

I very much regret that the Minister of State at the Department of the Taoiseach refused to make this matter the subject of a longer Dáil debate. I will finish with a quotation from the UN Declaration on Human Rights. It says that everybody has the right to seek and to enjoy in other countries asylum from persecution. Ireland has a proud record in the UN. Will we tarnish it over the next couple of years by signing the Convention to harmonise asylum laws and regulations without ventilating our views in this House? It is a disgrace if we go down that road.

Minister of State at the Department of the Gaeltacht (Mr. Gallagher)

I am glad to have the opportunity to reply on behalf of my colleague, the Minister for Justice. However, at the outset I must refer to the vicious attack by Deputy Carey on the Civil Service. He generalised and tarnished all civil servants. He should be specific and, if he has details, he should make them available to me and I will pass them on to the Minister to enable him to pursue the allegations. I doubt that Deputy Carey will be in a position to do that. He should identify the individuals involved and, if he can, the matter will be vigorously pursued by the Minister for Justice. I sincerely hope he will make the details available within the next 24 hours.

As the Deputy is aware, the position in relation to this matter was outlined to him on 29 May 1990 in reply to a parliamentary question. He was told that the person in question presented himself to immigration staff at Shannon Airport on 10 May 1990 when in transit from Moscow to Havana. He indicated that he did not have any travel documents and that he wished to apply for asylum. Searches were carried out by immigration officers and, as a result, portions of the person's passport were discovered in a lavatory. The person in question was refused leave to land and is now detained in accordance with law.

Mr. Carey

He is interned.

Mr. Gallagher

As the Minister previously said to the Deputy, it is our practice to consult fully with the officer of the United Nations High Commissioner for Refugees regarding applications made for asylum. In this case two interviews took place, with the assistance of interpreters, to establish the facts of the case and the results of both interviews were forwarded to the High Commissioner.The views of the United Nations High Commissioner were received last Tuesday and, in compliance with the procedure in these cases, the Department of Foreign Affairs have been asked for their observations.

All parties involved are aware of the difficulties in this case and of the need to deal speedily with the application. The Minister expects to be in a position to take a decision on the application shortly. He is also fully satisfied that the arrangements in place, involving as they do full consultation with the services of the High Commissioner, ensure that the principles laid down in the Geneva Asylum Convention are fully adhered to when an application for asylum is being examined.

The question of detention is provided for in our law. I do not accept that it is an undesirable feature; indeed, it is common to the laws regarding aliens in all civilised countries. Clearly, from a practical point of view, a law in regard to aliens could not be implemented without a power of detention. The fact that it had to be invoked in this case — specifically because his nationality or identity could not be established — is proof of the need for such a power. Subsequently seven other Somalians arrived at Shannon and also applied for asylum, but satisfactory evidence of identity exists in each of these cases and detention has not, therefore, been necessary.

With regard to the questions raised by Deputy Flanagan, I forwarded a letter to him last week in my capacity as acting Government Whip which answered the points he raised. Interpreters are available and the Minister expects to be in a position to take a decision shortly.

I again ask Deputy Carey to forward information regarding the serious allegations he made. He should not tarnish the Civil Service, which has served this country well down through the years.