Dáil Éireann debate -
Tuesday, 2 Dec 1997

Vol. 483 No. 6

Written Answers. - Immigration Controls.

Emmet Stagg

Question:

29 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if all persons entering the State via Northern Ireland, Great Britain and elsewhere are asked to provide a valid passport or other documentation establishing identity or nationality; if not, the criteria, if any, which the gardaí, immigration officials or other representatives of the State use to select which persons entering the State are asked to provide a valid passport or other documentation; and if he will make a statement on the matter. [21236/97]

Proinsias De Rossa

Question:

37 Proinsias De Rossa asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the reports that immigration officers monitoring bus and rail traffic from Northern Ireland have been singling out black people for questioning; if this is the policy of his Department; if not, the steps, if any, he will take to have this practice halted; if there is a target date for the implementation of the Refugee Act, 1996; and if he will make a statement on the matter. [21086/97]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 29 and 37 together.

On 29 June 1997, the Aliens (Amendment) (No. 3) Order 1997 (S.I No. 277 of 1997), made by my predecessor, came into effect. By virtue of that order, an immigation officer may examine persons arriving in the State from Great Britain or Northern Ireland for the purpose of determining whether he or she should be given leave to land in the State. The effect of the measure is to enable immigration officers to check that non-European economic area nationals seeking to enter Ireland from Great Britain or Northern Ireland meet the same entry requirements as other non-European economic area nationals, that is those other than nationals of European Union member states, Iceland, Liechtenstein and Norway seeking to enter Ireland from any other part of the world. In accordance with the statutory provisions, an immigration officer may refuse leave to land to a non-national who, for example, is not in possession of a valid passport or some other document establishing his nationality or identity, or who does not have a valid Irish visa where required.

The grounds on which a person may be refused entry to the State are set out in Article 5 (2) of the Aliens Order 1946 as inserted by Article 3 of the Aliens (Amendment) Order 1975, S.I. No. 128 of 1975. The principal grounds are as follows: (1) the person is not in a position to support her/himself and any accompanying dependants; (2) although wishing to take up employment in the State, the person is not in possession of a valid work permit issued by the Minister for Enterprise, Trade and Employment; (3) the person is suffering from a specified disease or disability; (4) the person has been convicted, whether in the State or otherwise, of an offence punishable under the law of the place of conviction by imprisonment for a maximum period of at least one year; (5) the person being a national of a state subject to visa controls is not the holder of a valid Irish visa; (6) the person is the subject of a deportation order; (7) the person has been prohibited from landing by order of the Minister under the Aliens Act; (8) the person is not in possession of a valid passport or other document which (a) establishes their nationality and identity to the immigration officer's satisfaction; (b) was issued by or on behalf of an authority recognised by the Government; and (c) does not purport to have been renewed otherwise than by or on behalf of such an authority. There is no basis for refusing a person entry to the State on grounds of colour or ethnic origin.

These controls are necessary because of the evidence of an abuse of the common travel area by people with no right to enter Ireland. Almost 1,000 people have been detected trying to enter the State illegally since the new measures took effect.

The Garda authorities, who have responsibility for immigration controls at points of entry to the State, have been asked to ensure that immigration officers exercising their powers do so in a discreet and courteous way, and to ensure that those who are questioned and are entitled to enter the country are thanked for their co-operation.

Immigration officers have a difficult task to perform, particularly at a time when the State is experiencing illegal immigration at a level unheard of previously. I would, of course, be concerned to ensure that there should be no occasion where the controls would be exercised without an acceptable level of courtesy. I would hope that the general public would understand the difficult and sensitive tasks which fall to be performed by our immigration officers and would co-operate with them in the exercise of their duties.

I dealt earlier with the Refugee Act.