Dáil Éireann debate -
Tuesday, 16 Nov 1999

Vol. 510 No. 6

Immigration Controls.

Mr. Browne

(Carlow-Kilkenny): Táim an-bhuíoch go bhfuil deis tugtha dom labhairt ar an ábhar tábhachtach seo. The introduction to my contribution has to be “cead míle fáilte, how are you?” On 14 October, three guests invited to a wedding in Carlow arrived by car at Dún Laoghaire port. The driver and owner of the car was a native Dubliner and her two pals were natives of Ghana. All three were coming to Carlow to attend the wedding of their colleague of seven years' standing in England. The car in which they travelled was the only one of about eight cars coming to the wedding which was stopped. Despite the fact the two ladies from Ghana had their driving licences, bank cards and wedding invitations, they were not allowed enter the country. The Dubliner contacted her mother who arrived with a friend and both were willing to go guarantor for the genuine status of the wedding guests. However, there was no budging.

One immigration official suggested they be let through but the other, whom I presume was his superior, said no. They were allowed to hand over their wedding presents to the mother and having spent two hours in a cold portakabin without even the comfort of a cup of tea, they left our shores with the phrase "Ireland of the welcomes" flashing before their eyes. The fact that one of them had visited Ireland six months previously, coming through Dublin Airport, did not soften the blow to her pride.

Why did an official under the Minister's control show such utter disregard to visitors who were also British citizens and clearly genuine guests invited to a wedding in Carlow and why did he go beyond the call of duty in deciding they were dangerous and should be kept out of the country? At a time when there is uproar about the way asylum seekers and others are being treated, it is time we reviewed our attitude towards people of a different colour when, as in this case, their credentials are beyond question. In view of the fact that for many years, Irish and Ghanaian troops worked together in the Lebanon, it is poor that we have a different attitude at home to that displayed by the gallant members of our Defence Forces who help keep the peace in other lands.

There is a prima facie case that these women from Ghana were drummed out of the country because of the colour of their skin, which would amount to blatant racism. It is possible the Minister can rebut this charge. However, in the absence of a credible explanation, the Minister and his officials stand indicted. I look forward to his reply and I hope it will offer an apology to our visitors who were so badly treated and also to the bride and her family who were humiliated by the way their invited guests were insulted and belittled.

Miss M. Wallace:

In the absence of the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, I will respond on his behalf to the matter raised by the Deputy and clarify the legal position with regard to persons arriving in the State from within the common travel area between Ireland and the UK.

The provisions of the common travel area are for the benefit of Irish and UK nationals only. Other persons availing of it require a passport or national identification if they are EU nationals and a visa if required. Arising from growing evidence that the common travel area was being abused by persons who were not entitled to avail of it, an amendment was made to the Aliens Orders in June 1997 by the then Government, which included the Deputy's party, which gave immigration officers the power to carry out the same checks on persons arriving in the State from the UK as for persons arriving from outside the common travel area. These checks are carried out by immigration officers who are members of the Garda Síochána and the Minister for Justice, Equality and Law Reform has no formal role in a decision taken in any particular case.

I am informed that the Garda authorities have issued instructions to their members that the checks are to be carried out in a courteous manner with as little inconvenience to genuine travellers as possible. While recognising the difficulties faced by immigration officers, who are members of the Garda Síochána, in carrying out their work, I would be concerned generally to ensure that there should not be any occasion where immigration controls would be exercised in an unreasonably discriminatory fashion or without an acceptable level of courtesy. As members of the Garda Síochána, immigration officers are subject to the normal Garda regulations governing conduct and application to duty. It is, therefore, open to a person who is dissatisfied with treatment by an immigration officer to make a complaint to the Garda Síochána Complaints Board under the provisions of the Garda Síochána (Complaints) Act, 1986.

As I said, the Minister has no formal role in the decision taken in any particular case, but I understand that in this instance the two persons in question arrived in the State at Dublin Port on a car ferry from Holyhead. The Garda immigration officer formed the conclusion that the persons in question were Ghanaian nationals and as such should both have been in possession of passports as well as valid entry visas for Ireland. As they had neither passports nor visas, they did not, therefore, qualify for entry and it was in order to refuse them leave to land. The persons were, I understand, served with a notice of refusal of leave to land by the immigration officer, which includes a statement of the reasons for the refusal of entry.

Possession of residency permission in the UK does not exempt a person from the requirement to carry a passport when travelling to Ireland nor does it in itself exempt visa required nationals from the visa requirement, although a visit visa would generally be readily granted to a person with long-term legal residence in the UK. While I appreciate that the refusal of entry must have been a disappointment for the two women as well as their friends, these matters could have been clarified prior to travelling with either the Irish Embassy in London or the Department in Dublin.

Mr. Browne

(Carlow-Kilkenny): How was it that she was allowed in before? She was here six months before this incident.

Miss M. Wallace:

It would also be open to a person refused entry on these grounds to return to the State with the necessary documents and provided an immigration officer had no other concerns, they would then be admitted to the State. I understand that the persons in question were advised accordingly by the immigration officer dealing with them.

I could not accept that the application of normal immigration regulations on the part of an immigration officer is in any way unreasonable, nor that these controls amount to racism. Exam ination of the nationalities of those persons refused entry to the State from the UK reveals a much broader range of nationalities than one would expect if these controls were informed by racial bias.

While the 1997 change in the law does not impose a requirement on either UK or Irish citizens travelling between the UK and Ireland to carry or present a passport, travellers who are concerned at the possibility of being questioned as to their entitlement to use the common travel area may wish to carry with them some evidence of identity and nationality which will make the work of the immigration officers easier and ensure that the traveller's journey is not unduly delayed.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 17 November 1999.