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Dáil Éireann díospóireacht -
Wednesday, 10 May 2000

Vol. 518 No. 6

Written Answers. - Illegal Immigrants.

Seán Haughey

Ceist:

469 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to make ferry companies and lorry drivers more responsible in relation to illegal immigrants and refugees entering this State; and if he will make a statement on the matter. [12512/00]

While there has always been productive liaison between my Department and carriers with a view to ensuring that they are fully aware of Irish immigration requirements, the increase in the number of persons entering the State illegally in recent years calls for the introduction of new measures specifically designed to tackle this phenomenon.

The Deputy will be aware of the Illegal Immigrants (Trafficking) Bill, 1999, which is currently awaiting Report Stage in the Dáil. The purpose of the Bill is to target the profiteer or professional trafficker in humans by creating an offence of trafficking in illegal immigrants and asylum seekers and providing a framework by which those engaging in such trafficking can be dealt with under the law. For an offence to be committed under the Bill assistance – for profit – must have been knowingly given to the illegal immigrant or asylum seeker to enter the State and the person facilitating the entry must have known or have had reasonable cause to believe that the person was an illegal immigrant or asylum seeker.
The intention, therefore, is that the bona fide operations of carriers such as airlines, ferry companies or haulage operators would not come within the scope of this offence. However, where any operator decides to go beyond or abuse such bona fide operations and for profit intentionally assists illegal immigrants and asylum seekers to enter the State, then such activity may be punishable on indictment by this Bill, when enacted, by unlimited fines or up to ten years imprisonment or both.
The Bill also provides for the detention of vehicles suspected of being used for the purpose of committing or facilitating the commission of an offence of trafficking in illegal immigrants or asylum seekers. Where a person is convicted on indictment of such an offence the court may, in addition to any penalty it may impose, also order the forfeiture of the vehicle used for the commission or facilitating the commission of the offence.
I am also examining the question of legislation to create a system, on the lines of schemes in operation in many countries throughout the world, whereby carriers will be expected to carry out rudimentary checks to ensure that passengers being boarded for carriage into the State from outside the common travel area are in possession of valid passports and, where necessary, visas. Such a scheme would involve co-operation between the Irish immigration authorities and carriers in assisting carriers to fulfil their obligations and penalties for non-fulfilment of those obligations. I intend to bring these proposals before Government as soon as possible.
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