Dáil Éireann debate -
Tuesday, 20 Feb 2001

Vol. 530 No. 6

Written Answers. - Aliens Order.

Eamon Gilmore

Question:

374 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the powers available to immigration officers under section 5(4) of the Aliens Order 1946 to detain under warrant certain aliens, are consistent with the principles of natural justice; if he has any plans to review this power, particularly in view of the withdrawal of the powers of Peace Commissioners to commit persons to gaol; if he has any plans to review these powers; and if he will make a statement on the matter. [4826/01]

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

Section 5(4) of the Aliens Order, 1946, as amended, provides that an alien to whom leave to land has been refused may be detained in a designated place of detention. In accordance with section 5(5) of the order, that detention may only be until such time, being as soon as practicable, as he or she is removed from the State by or on behalf of the carrier in question. I am satisfied this power is an appropriate one and indispensable to the operation of normal border controls. Similar powers are available to the immigration authorities of other comparable jurisdictions.

In so far as the question of legislative change is concerned, the Deputy will be aware that the Government has approved the drafting of a Carrier's Liability Bill, the essence of which is that carriers will be fined if they fail to carry out our basic checks to ensure that passengers are in possession of valid travel documents. Ireland is the only European Union country which does not currently have such legislation. One of the consequences of the introduction of that legislation should be a reduction in the percentage of immigrants arriving at the frontiers of the State with inadequate documentation thus reducing further the small percentage of immigration cases in which detention, as a means to facilitate return, would fall to be considered. The Deputy will also be aware that work is under way in my Depart ment on the preparation of an immigration and residence Bill which will replace existing aliens legislation and provide for all of the powers which will be available to immigration officers at points of entry to the State.