asked the Minister for Tourism and Transport the discussions, if any, which have been held with the American authorities regarding the provision by the United States of immigration pre-clearance facilities at Shannon airport, County Clare, following the conclusion of the trial period last year; if it is intended to renew the arrangement; if so, the changes, if any, which are planned in the procedures in view of some opinions that the system might be in conflict with the requirements of the Constitution; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Immigration Pre-Clearance at Shannon.
7.
Delegations from Ireland and the United States met in Dublin from 27-29 May 1987 to discuss the establishment of a permanent scheme of US immigration pre-inspection at Shannon. The delegations agreed that the trial period of pre-inspection at Shannon between 1 July and 31 October 1986 had been very successful. They also agreed that a permanent scheme of pre-inspection should be established at the airport and that it was desirable that the scheme should commence, if possible, during the 1987 summer period. It is hoped that a date for recommencement of pre-inspection will be settled in the near future.
The recommencement of pre-inspection on a permanent basis is provided for in the Irish-US pre-inspection agreement, which forms part of the Air Navigation and Transport (Pre-inspection) Act, 1986. No changes in the agreement can be made without amending legislation and no such changes were discussed in the recent negotiations. I am not aware that there is any question of the pre-inspection arrangements conflicting with the requirements of the Constitution.
May I ask the Minister if the legislation has been examined in the light of the Crotty case which found that certain international agreements could not be made by the Government without being in breach of the Constitution? If not, will he arrange for such an examination?
I can assure the Deputy that such an examination has been made in the light of that case and our legal advisers are convinced there is no constitutional conflict whatsoever.
In view of the Minister's reply about the further negotiations which have been needed to establish pre-clearance facilities at Shannon in 1987, is he satisfied that all the necessary actions have been taken by the Irish side in this case? Can he indicate whether there are any difficulties on the American side?
I am quite satisfied that there has been no dereliction of duty on the part of the Irish authorities in this regard. As the Deputy is no doubt aware, a problem arose in the State of Maine but this problem does not constitute a paramount inhibition to the recommencement of the pre-inspection.
Has the Minister information available in his brief on the numbers of passengers involved in the pre-inspection process during the trial period?
I have not that information at the moment but I will let the Deputy have it when it is available.
(Limerick East): Will the Minister also include in that brief the number who were refused clearance?
That is an interesting question. I did not know whether there were any refusals but I will get that information for the Deputy if it is available.
It is available.