Dáil Éireann debate -
Thursday, 1 Jun 2000

Vol. 520 No. 3

Written Answers. - Deportation Orders.

John Gormley

Question:

21 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the level of refugee-asylum seeker deportations envisaged by him over the next few months; if coercion will be used, if deemed necessary; and the special provisions, if any, that have been put in place to deal with the deportation of children. [15411/00]

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

I take it that the Deputy is referring to the deportation of persons who have had their application for asylum refused and persons whose application for asylum is transferred to another country under the Dublin Convention. Persons who have been granted refugee status are entitled to remain in the State.

The power of the Minister for Justice, Equality and Law Reform to make a deportation order is set out in section 3 of the Immigration Act, 1999. To date, I have signed a total of 396 deportation orders under that legislation.

In deciding whether to make a deportation or not in respect of the persons in question, each case is considered on its own particular merits in accordance with the criteria specified in section 3(6) of that Act. Those criteria include, for example, humanitarian considerations which would obviously take into account the conditions prevailing in a particular country at a given point in time.

The Deputy will be aware that I have brought forward a series of measures to strengthen and make more effective the deportation process. These include the recent establishment of a Garda National Immigration Bureau and legislative changes to the Illegal Immigrants Trafficking Bill which I introduced in this House yesterday to strengthen deportation procedures. In addition, increased resources are being allocated to accelerate the asylum process. These measures will increase significantly the numbers of orders made and effected without compromising in any way the detailed consideration necessary under statute in each particular case. The effective deportation of those whose asylum applications have been unsuccessful and in respect of whom deportation orders have been made is essential if we are to maintain the integrity of the asylum process and the package of measures which I have put in place are intended to achieve this.

Failure to present oneself at a particular place and time for the purpose of giving effect to a deportation order renders a person, as it must, liable to arrest and detention under the provisions of section 5 of the Immigration Act, 1999. In the course of such an arrest, members of the Garda Síochána are subject to the principle that no more force than is necessary to effect the legal purpose may be used.

A total of 30 persons have been deported to date under the provisions of the Immigration Act, 1999. Of those, four were under the age of 18 years and part of a family unit who had consented to be deported. Section 5(4) of the Act provides that an immigration officer or member of the Garda Síochána cannot arrest or detain a person under 18 years of age who has not complied with a provision of a deportation order or a requirement of the official notification conveying the Minister's decision to deport. It also provides that where the parent of a child is detained, the immigration officer or member of the Garda Síochána shall without delay notify the relevant health board of the detention and the circumstances thereof. I would like to reassure the Deputy that I and officials in my Department would be particularly sensitive to all aspects of any case involving a minor.