I propose to take Questions Nos. 252 to 256, inclusive, together.
As the Deputy will be aware, US Preclearance is carried out by officers of US Customs and Border Protection (CBP) in Dublin and Shannon Airports under the terms of an international agreement and in accordance with the Aviation (Preclearance) Act 2009.
During 2017, 1.43 million passengers used the preclearance facility at Dublin Airport, with over 208,000 passengers using the facility at Shannon. I understand that, to date, only one complaint has been received by Irish authorities regarding difficulties encountered at the Dublin Airport preclearance facility. I understand that no actions have been taken against the State to date in relation to Preclearance.
Similarly, no US Preclearance Officer has been sanctioned under Section 13(4) of the Aviation (Preclearance) Act 2009.
Passengers who wish to avail of Preclearance do so voluntarily and on condition that they recognise the right of the US to grant or refuse Preclearance in accordance with its immigration rules. Passengers retain the right to withdraw from the Preclearance process at any time before they board their flight.
Preclearance is not compulsory. Airlines choose to apply to have their services precleared at Dublin or Shannon Airports, on the basis that they may then offer the service as an added bonus for their customers. Although the majority of carriers operating services to the US choose to apply to have their flights precleared, at least one carrier has chosen not to. As Dublin and Shannon Airports are the only airports in Europe with Preclearance facilities, passengers can also choose to fly to the USA from other European airports and post-clear for entry on arrival in a US airport. Border control at US airports is also carried out by US Customs and Border Protection, the same organisation that processes passengers for Preclearance in Ireland. The same procedures and criteria for entry will therefore apply whether a passenger preclears or post-clears.
In light of the Government’s concern as to the content of a US Presidential Executive Order, signed in January 2017 (later superseded by legal action and further Orders) which banned nationals of seven named countries from entering the United States, and in particular concerns that had been expressed that the existence of US Preclearance facilities in Ireland might mean that Ireland was breaching international, EU or domestic legal obligations, the Taoiseach directed that a review be undertaken. My Department, along with the Departments of Foreign Affairs and Trade and Justice and Equality contributed to the review which was furnished to the Taoiseach in February 2017.
That review concluded that the operation of Preclearance does not give rise to any breach of Ireland’s European or International Human Rights obligations. Additionally, a refusal at US Preclearance has no impact on the rights available to refugees or persons wishing to seek asylum in Ireland. In light of this, and given the significant benefits of Preclearance to Ireland, it was recommended that US Preclearance arrangements in Dublin and Shannon Airports should remain in place. The Government endorsed this recommendation.
The Agreement between the Government of Ireland and the Government of the United States of America on Preclearance requires An Garda Síochána to provide an appropriate and sufficient law enforcement presence to ensure the security of the Preclearance area and safety of Preclearance officers, travellers and airport staff. Law enforcement agencies, including US Customs and Border Protection consult and collaborate regularly to ensure the safety and security of all airport users.
Oversight of the operation of Preclearance in Ireland is provided via the US/Ireland Preclearance Consultative Group (PCCG). The PCCG consists of representatives from both sides and meets regularly (on an annual basis) to review any issues arising related to the Agreement. While local airport mechanisms are used to address issues pertinent to a particular Preclearance location, issues which cannot be resolved at a local level can be referred to the PCCG.