Dáil Éireann Debate, Wednesday - 13 May 2020
397. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 348 of 5 March 2020, the reason information is being restricted to only the applicants or their legal representative in view of the rights attaching to parliamentary questions; if he will arrange for due process to take place in respect of the information sought; and if he will make a statement on the matter. [4951/20]
View answerAs the Deputy is aware, my Department is unable to publish any information that would cause to identify an international protection applicant. I and my Department officials are obliged pursuant to section 26 of the International Protection Act 2015 to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that “the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.
It is an offence under law (punishable by up to 12 months in prison) that I or any official in my Department would give any indication as to a person's status as an international protection applicant and thus breach their right to confidentiality. The right to privacy and its confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of the country of origin and whose situation can be jeopardized if protection of information is not ensured.
Therefore, if an application for international protection has been made in the State, it is not the practice to comment on such applications and the applicant or their designated legal advisor should contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate. This will enable a full and comprehensive reply to be provided.
The staff of the Chief International Protection Officer and International Protection Officers are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act. They will only deal with the applicant or their legal representative in the processing of their application. To do otherwise would be to compromise the applicant’s right to confidentiality.
