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Dáil Éireann debate -
Thursday, 17 Jun 1993

Vol. 432 No. 5

Ceisteanna—Questions. Oral Answers. - Relaxation of Passport Controls.

Liz McManus

Question:

6 Ms McManus asked the Minister for Justice if her attention has been drawn to recent comments made by the EC Commissioner for the Internal Market in which he said that he would consider taking legal action against certain member states, including Ireland, if they did not relax passport controls on travellers entering from within the Community; if she will outline her response to the Commissioner's statement; the action she intends to take to ensure that our passport control is brought into line with EC rules, particularly in regard to third country nationals entering this country from other member states; and if she will make a statement on the matter.

I am aware of certain media reports along the lines suggested by the Deputy. However, I have not seen a transcript of what the Internal Market Commissioner actually said on the occasion in question and I have not received any formal communication from him on the subject of free movement of persons. Nevertheless, my understanding from other reports is that the Commissioner, in responding in the European Parliament on 24 May to a question in this area, did in fact refer approvingly to measures I introduced on 1 March to reduce immigration controls, while at the same time underlining a pragmatic approach on his part to achieving the objective of free movement of persons in accordance with Article 8A of the Treaty of Rome.

This is a somewhat complex area and, for the purposes of clarity and for the information of the House, I believe it would be of benefit if I gave some background to the matter. The adoption of the Single European Act entailed the insertion of a new Article into the Treaty of Rome, Article 8A. This new Article implied the free movement of goods, people, capital and services after 1992. Free movement of goods has been introduced since 1 January 1993 and significant progress has been made to introduce the free movement of capital and services. There are, however, significant differences between member states with regard to the free movement of persons.

The European Commission, and the great majority of member states, have interpreted Article 8A to mean that any form of control of persons at the internal frontiers of the Community must be abolished. Britain, however, interprets Article 8A to mean that, while controls on EC nationals must be abolished, member states continue to be free to subject third country nationals to controls at the internal frontiers of the Community.

We, for our part, support the Community objective of adopting measures with the aim of establishing an internal market in which the free movement of goods, people, capital and services is ensured as envisaged in Article 8A. With regard to the free movement of persons, discussions have been taking place at an intergovernmental level with a view to ensuring that appropriate compensatory measures are put in place in the areas of organised crime, drug trafficking, terrorism and illegal immigration. The need to protect against the possibility of the proposed greater freedom within the Community being exploited by criminals, terrorists and illegal immigrants is recognised by all member states.

I arranged for the reduction of immigration controls on nationals of member states of the European Community on 1 March last. Special immigration channels were introduced at ports and airports from that date to facilitate EC nationals travelling from member states to Ireland. These arrangements provide that there is no systematic check on EC nationals who use the special channels. There is a requirement, however, that they display their passports to immigration officers to show that they are entitled to use the special channels. The new lighter controls, which effectively have put us in the forefront as regards free movement, are of benefit to business and tourist travellers and I am satisfied that the general public reaction has been a positive one.

I am surprised that the Commissioner concerned would threaten legal action against Ireland and that the Minister would not have arranged for her officials to inquire from him why he was so threatening.

Does the Minister condone the Irish authorities discriminating against people on the basis of colour and that it is not only Britain that draws a distinction between citizens of the Community and those citizens of the Community who are third country nationals?

I do not accept this country discriminates on the basis of a person's colour or creed and I would not want that to be the position. It is important to reiterate what I said earlier, that the Commissioner concerned referred in an approving way to the controls which Ireland had already introduced. Having travelled to three EC countries since 1 January, I am aware that we are now in the forefront of having removed passport controls through the provision of the special blue channels. That is an important point which must not be forgotten.

There is a number of other issues which are of tremendous concern to Ireland and to our EC colleagues. These include drug trafficking, organised crime and terrorism and we must be careful that whatever action we take it is taken in unison. That matter is of the greatest concern to the Minister for Justice and the Ministers for Home Affairs in the European Community who have been meeting on a regular basis—almost monthly—since the beginning of the year to agree an arrangement which will operate in all countries,

Is the Minister saying that despite the requirements of the Article concerned in respect of free movement of capital goods, services and people, she is prepared to tolerate a situation where there is free movement but not of persons? Surely the Minister is aware that the blue channel system of passport checks does not apply to people of third country origin who are EC citizens and that, in effect, this is tantamount to stopping people based on their colour.

It is not true to say that I am prepared to tolerate free movement of goods and capital but not of persons. The free movement of persons was to come into operation on 1 January this year. Ireland is in the forefront of EC member states who have reduced controls in this area. I am glad that is the position since 1 January this year.

We must examine carefully the other areas involved in Article 8A and Ireland is determined to abide by the conditions in that Article. The 12 EC member states — and I know from having attended meetings — are all equally concerned about various issues involved in this Article and we are working together to resolve those. Apart from that there is a special issue which we must address here, namely, a common travel area between ourselves and the United Kingdom. I am sure no Member of this House would wish to see a situation develop where Ireland would adopt an approach that would endanger the common travel area and would, in effect, ensure that our citizens would be subject to passport controls when entering and exiting the United Kingdom. I do not believe Deputy Rabbitte would wish that and I certainly do not wish it.

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