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Dáil Éireann debate -
Thursday, 12 Apr 2001

Vol. 534 No. 5

Written Answers - Proposed Legislation.

Michael Creed

Question:

56 Mr. Creed asked the Minister for Justice, Equality and Law Reform the plans he has to introduce legislation to amend section 19 of the Refugee Act, 1996. [10857/01]

Alan Shatter

Question:

173 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the plans he has to introduce legislation to amend section 19 of the Refugee Act, 1996. [11117/01]

I propose to take Questions Nos. 56 and 173 together.

Section 19 of the Refugee Act, 1996, provides the legislative basis for ensuring that the identity of an applicant is kept confidential by all involved in the application process. This is an essential safeguard for the protection not only of applicants themselves, but also of their relatives and connections left behind in the country where persecution may have arisen.

In that regard, section 19(1) of the Refugee Act, 1996 places an onus on the Minister for Justice, Equality and Law Reform, the Refugee Applications Commissioner, the Refugee Appeals Tribunal and their officers to take all practicable steps to keep confidential the identity of applicants for refugee status.

Section 19(2) of the Act provides that nothing likely to lead members of the public to identify a person as an applicant for refugee status under the Act is published or broadcast without the consent of the person and the consent of the Minister, which shall not be unreasonably withheld. The provision is intended to safeguard the identity of applicants for refugee status.

While I am satisfied that the prohibition on the publication or broadcast of such material, without the applicant's consent, is justified in the interests of the protection of the asylum seeker, I have already indicated that, in line with practice in other EU member states, I propose to take advantage of the next suitable legislative opportunity to bring forward an amendment of section 19(2) solely to remove the requirement of the Minister's consent.
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