Dáil Éireann Debate, Wednesday - 5 July 2006
294 Mr. M. Higgins asked the Minister for Foreign Affairs the content of such discussions as he has had recently with his counterpart in the United Kingdom in relation to the prolongation of the detention of Irish citizens held in UK prisons while their suitability for deportation is considered, and in relation to the service of notices of deportation on such persons. [26846/06]
View answer295 Mr. M. Higgins asked the Minister for Foreign Affairs the discussions he has initiated or such replies as he has received on foot of representations made to him or his Department in relation to the position of Irish citizens held in UK prisons under consideration for, or awaiting deportation. [26847/06]
View answer296 Mr. M. Higgins asked the Minister for Foreign Affairs if he has raised with the British Prime Minister the perceived breech of European Directive 2004-38 in relation to Irish citizens resident in the UK who are being threatened with deportation. [26849/06]
View answer297 Mr. M. Higgins asked the Minister for Foreign Affairs if, in view of the deep concern of their relatives and others, and the human rights and European law implications, he has ascertained the number of Irish citizens who continue to be detained in the United Kingdom further to service of criminal sentences while suitability for deportation is considered or who have been served with notice of intention to deport; if he has raised these matters with the British authorities; and if he will indicate such action as he proposes to take. [26845/06]
View answer298 Mr. M. Higgins asked the Minister for Foreign Affairs if he has raised with the United Kingdom Government the potential breech of common obligations under the European Convention on Human Rights and Fundamental Freedoms which arises on foot of the detention of Irish citizens in UK prisons who have served their sentences and who are being detained in prison while deportation is considered. [26848/06]
View answerI propose to answer Questions Nos. 294 to 298, inclusive, together.
I am aware that, as a result of the recent controversy in Britain about the release and reoffending records of foreign born prisoners, the British Home Office announced a full review of its policies in relation to foreign born prisoners. I understand that this policy review is still ongoing. In the meantime, pending the outcome of this policy review, some Irish prisoners have been put on notice that they may be considered for deportation, and some have been detained beyond their release dates, while their cases are under review.
The Embassy in London has asked the British Home Office if they can (a) quantify the number of Irish prisoners who are in detention and who have been put on notice of possible deportation, (b) secure clarification on the implications generally for Irish prisoners, and (c) formally state the Irish Government's concerns about this new departure from standard practice and procedure whereby, at the completion of their sentences, Irish prisoners were released. The Embassy also formally made the Home Office aware of the Government's concern about a noticeable increase in the number of Irish nationals currently being served with deportation letters either at the time of sentence or leading up to their release date, noting that these deportation letters appear to take little cognisance of a prisoner's commitments in Britain, such as having a spouse/partner and children living there, having a firm job offer on release, or the number of years that a person has been living in Britain and, also, that they do not take into account positive aspects of prison progress reports.
The Embassy also conveyed the concern about the legality of such deportations, not only in the context of the freedom of movement of EU nationals within the European Union, but also in the context of the special relationship that exists between Ireland and Britain.
The Home Office has indicated that, in the context of its policy review, these issues as they affect Irish prisoners are being carefully considered in the context of the close relations between the two countries. In relation to EU directive 2004-38, the Home Office has informed the Embassy that their policy guidance on its implementation is currently being finalised and they hope to disseminate it throughout their system in the near future. The Home Office has been made fully aware of the Government's views that many of the possible deportation cases involving Irish prisoners should be covered by this directive.
I can assure the Deputy that the Embassy has impressed upon the Home Office the importance of an early clarification of their policies in relation to Irish prisoners and, of course, our willingness to discuss these matters further as the Home Office internal review develops. I have asked the Embassy to remain in constant contact with the Home Office on this sensitive issue.
