Dáil Éireann díospóireacht -
Thursday, 12 Apr 2001

Vol. 534 No. 5

Written Answers - Re-admission Agreements.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The purpose of the re-admission agreement with Nigeria is, inter alia, to provide an agreed and structured mechanism within which the repatriation of Nigerian nationals can be effected. It obviates the necessity for the making of ad hoc arrangements with the Nigerian authorities on a case by case basis as is the situation at present. However, it is important to bear in mind that, in the context of deportation, for example, the agreement cannot be invoked until the decision to deport has been made in accordance with national legislative procedures and a deportation order has been signed by me.

The Immigration Act, 1999, sets out in statutory form and in an open and transparent way the principles, powers and procedures governing the deportation process. These principles include a requirement that the person be given a 15 day period within which to make representations as to why a deportation order should not be made. Even if representations are not made, I am required to have regard to a range of 11 different factors, including humanitarian considerations, in determining whether or not a deportation order should be made.

Lastly, but most important the making of a deportation order is subject to section 5 of the Refugee Act, 1996, which absolutely forbids the sending of a person "in any manner whatsoever" to a place where the life or freedom of the person would be threatened on account of that person's race, religion, nationality, membership of a particular social group or political opinion. This overarching principle is the bedrock of Ireland's repatriation framework and cannot be circumvented by the provisions of a repatriation agreement to which the State becomes a party.

Consequently, the procedures of any such agreement, including the Nigerian agreement, cannot be invoked in an individual case in advance of the foregoing provisions of national legislation being applied. It is also open to a person who is not satisfied with the manner in which national legislative provisions have been applied to challenge the validity of any deportation order made by way of an application for judicial review in accordance with the provisions of section 5 of the Illegal Immigrants Trafficking Act, 2000, and legal aid is available for that purpose. Some 78 such cases involving Nigerian nationals are before the courts at present.

Since the Immigration Act, 1999, came into operation in November 1999, only eight Nigerian nationals have been deported from the State. A further 162 have evaded deportation orders and 47 cannot be located for the purpose of service of such orders.

The proposed re-admission agreement between Ireland and Nigeria was approved by the Government on 27 March 2001. It is my intention to sign the agreement as soon as the necessary arrangements can be made. Thereafter, as this is an international agreement which will involve a charge upon public funds, its terms must, under Article 29.5.2 of the Constitution, be approved by Dáil Éireann for it to be binding on the State. Provision is made in the agreement that it will not come into force until Ireland and Nigeria notify each other of completion of domestic procedures required for its entry into force. I will table the necessary resolution in the House at the appropriate time.

This will be the fourth re-admission agreement to be entered into by the State. Following Government authorisation on 18 April 2000 I signed a re-admission agreement with Romania on 12 May 2000. The agreement was subsequently approved by the House on 29 June 2000 and has recently been ratified by the Romanian authorities. I also received Government authorisation on 22 January 2001 to arrange for the signature of re-admission agreements with Poland and Bulgaria and I expect to sign these agreements in the near future.

Question No. 24 answered with Question No. 6.