Deportation Orders.

Dáil Éireann Debate, Thursday - 30 September 2004

Thursday, 30 September 2004

Questions (216)

Aengus Ó Snodaigh

Question:

217 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the advice he has received from the Attorney General regarding constitutionality and consistency with international and EU law of his policy of effectively expelling Irish citizens by the deportation of their non-national parents, specifically in view of the European Court of Justice’s opinion in a case (details supplied) regarding the rights of the child citizen. [23127/04]

Written answers

Minister for Justice, Equality and Law Reform (Mr. McDowell)

No decision has yet been made by the European Court of Justice on the Chen case, notwithstanding the Advocate General's opinion. That opinion does not have legal effect. It is only the decision of the European Court of Justice that has legal effect. The Attorney General and I have discussed the Advocate General's opinion and will assess the legal implications of the ECJ's decision when it gives its decision.