Vol. 493 No. 3
407 Ms McManus asked the Minister for Justice, Equality and Law Reform the structures, if any, in place to guarantee the independence of its operation in relation to the tender for the establishment or provision of an independent legal service for asylum seekers. [16308/98]
It is not entirely clear from the Deputy's question what is being referred to here. For the purpose of my reply, I am assuming that she is referring to the process of evaluating tenders received for the provision of an independent legal service for applicants for refugee status and awarding a contract on foot of such evaluation.
The evaluation of tenders and the awarding of a contract is carried out in full accordance with the procedures in place for such matters.
408 Ms McManus asked the Minister for Justice, Equality and Law Reform the provisions, if any, being made by his Department to track Dublin Convention transfers to another member state to ensure that there is no indirect refoulment of these persons which would constitute a breach of Article 33 of the 1951 Geneva Convention. [16309/98]
While no provision has been made by my Department to track Dublin Convention transfers in another member state, section 22(5) of the Refugee Act, 1996, provides that a transfer under the terms of the Dublin Convention shall not take place unless the receiving country has agreed to accept responsibility for the examination of the application in question.
It is important to note that the Convention's starting point is that it guarantees the member states' commitment to honour their obligations under the Geneva Convention which specifically provides that no contracting state shall expel or return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion.
An underlying philosophy of the Dublin Convention is a basic confidence on the part of the member states in each other's procedures in relation to asylum law. The establishment of responsibility for examining applications for asylum implicitly presupposes that member states have mutual confidence in each other as one member state consents to an application for asylum lodged with it being processed by another member state in accordance with the latter's national legislation.
409 Ms McManus asked the Minister for Justice, Equality and Law Reform the legal aid provisions, if any, in place for those being examined under the Dublin Convention. [16310/98]
Currently there is no such scheme in place. However, as I have pointed out to this House on a number of occasions my Department has sought tenders from persons interested in establishing and maintaining an independent refugee legal service. Such a service will provide free legal advice and representation for asylum seekers in connection with their asylum applications. Five tenders were received and are currently being evaluated by officials of my Department, the Office of the Attorney General and the UNHCR.
410 Ms McManus asked the Minister for Justice, Equality and Law Reform if UNHCR recommendations on the Dublin Convention regarding family ties will be given full consideration in Dublin Convention determinations. [16311/98]
My Department is aware that the UNHCR has produced observations on the implementation of the Dublin Convention which state, inter alia, that it would welcome the adoption of guidelines regarding the application of the provisions of the convention in so far as they may affect family members.
Issues arising from the implementation of the Dublin Convention, which is an intergovernmental instrument, are considered by a committee with representatives from all member states including Ireland established under the provisions of the convention. The matter raised by the UNHCR will be examined by the relevant committee.
411 Ms McManus asked the Minister for Justice, Equality and Law Reform if the UNHCR representative in Ireland is being consulted with, and notified of, each manifestly unfounded determination. [16312/98]
412 Ms McManus asked the Minister for Justice, Equality and Law Reform if the principle of a non-refoulement in Article 33 of the 1951 Geneva Convention is being upheld and respected regarding manifestly unfounded determinations. [16313/98]
Section 5 of the Refugee Act, 1996, which is in force since 29 August 1997 provides for non-refoulement. In fact, this provision goes further than Article 33 of the 1951 Geneva Convention in that it applies to all persons not just to refugees.
