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Dáil Éireann debate -
Tuesday, 12 Oct 1999

Vol. 509 No. 1

Other Questions. - Asylum Applications.

Willie Penrose

Question:

60 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the measures, if any, the Government is planning to introduce to fingerprint asylum seekers; the reason for this proposal; the number of asylum applications being considered; the number of applications determined to date; if he will give a breakdown of the determinations; and if he will make a statement on the matter. [19727/99]

Section 9 of the Refugee Act, 1996, makes provision for fingerprint data to be gathered from asylum seekers over 14 years of age. This provision, which brings this country into line with other EU member states, was included by way of amendment to the Refugee Act, 1996, as part of the Immigration Act, 1999. Work is under way on the preparation of the necessary regulations and arrangements for the implemen tation of the Refugee Act, including the introduction of the fingerprinting provision. It is intended that the Act will be commenced in its entirety early in the New Year.

Also, the Government has agreed that Ireland should exercise the option, provided by Article 3 of the Fourth Protocol to the Treaty of Amsterdam, to notify the President of the Council of the European Union that it wishes to take part in the adoption and application of a Council regulation, EC, concerning the establishment of Eurodac, for the comparison of fingerprints of applicants for asylum and certain other non-nationals.

The purpose of fingerprinting is to detect and deter multiple asylum applications, both within the State and throughout Dublin convention countries, and to help identify the country responsible for processing the application under the Dublin convention.

The proposal must be approved by both Houses of the Oireachtas before Ireland can exercise its opt-in right under the Treaty of Amsterdam to join other member states in establishing a database for the comparison of fingerprints of applicants for asylum and certain other non-nationals. This motion will be moved in the Dáil and Seanad this week.

The statistical information on asylum determinations can be forwarded to Deputies.

Will the fingerprints collected in the fingerprinting of asylum seekers be used for the purposes envisaged by Eurodac solely and not for the investigation of any criminal activity in the Irish context? How long will fingerprints be kept? Does the Minister accept that in normal Irish jurisdiction citizens are fingerprinted only when they are suspects in a criminal investigation?

Our current difficulty is that there is evidence of a multiplicity of asylum claims. In some instances, as I said, people tend to make multiple claims. It is entirely logical, therefore, that the Government would seek to ensure, through the use of a fingerprint database, that each individual makes only one claim. I am not saying all applicants do that, but some do.

The position at European Union level is that fingerprinting is deemed necessary by all member states to ensure adherence to the Dublin Convention. Under this convention people must make their applications for asylum at the point of entry to the European Union. There is a considerable body of evidence to suggest that people sometimes arrive in England or France and subsequently arrive in Ireland. The clear position under the convention is that such people would be returned to the point where they entered the European Union in order that their applications could be processed. However, in the absence of a fingerprint database which can be compared with a fingerprint database in another member state, it is sometimes difficult, if not actually impossible, to determine whether an individual arrived in another European Union member state in the first instance. It is far more efficient and desirable that this be done through the use of a fingerprint database. That is the view of Council of Ministers and of the Government.

It is not the intention to criminalise any individual through the use of fingerprinting. The objective, as I said, is to utilise it to prevent multiple claims and to ensure adherence to the Dublin Convention. It is proposed that the fingerprints would be retained for a period of ten years.

May I ask a final supplementary?

Very briefly, Deputy Howlin.

Will the fingerprints gathered be used for the purpose of Eurodac alone, the merits of which we will debate tomorrow, and not in the normal context of criminal investigation in this jurisdiction? Is that the assurance the Minister is giving?

I can give that assurance. The objective, obviously, is to ratify the Eurodac convention and to ensure there are not multiple claims for asylum in this country.

That concludes Question Time.

Written Answers follow Adjournment Debate.

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