Dáil Éireann díospóireacht -
Tuesday, 3 Jul 2001

Vol. 540 No. 1

Written Answers. - Refugee Act.

Alan Shatter

Ceist:

436 Mr. Shatter asked the Minister for Justice, Equality and Law Reform when he intends to publish a Bill to amend section 19 of the Refugee Act, 1996; the reason he has not to date sent a substantive response to the National Union of Journalists in reply to their letter of 12 February 2001 regarding this section; and if he will make a statement on the matter. [20022/01]

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

Section 19 of the Refugee Act, 1996, provides the legislative basis for ensuring that the identity of an applicant for asylum is kept confidential by all involved in the application process. This is an essential safeguard for the protection not only of applicants themselves but also of their relatives left behind in the country where persecution may have arisen. In that regard, section 19(1) of the Act places an onus on a number of parties including the Minister for Justice, Equality and Law Reform, the Refugee Applications Commissioner, the Refugee Appeals Tribunal and their respective officers to take all practicable steps to keep confidential the identity of applicants for refugee status. Section 19(2) provides that subject to sections 9(15) and 26, no matter likely to lead members of the public to identify a person as an applicant for refugee status under Act shall be published or broadcast without the consent of the person and the consent of the Minister, which shall not be unreasonably withheld.

While I am satisfied that the prohibition on the publication or broadcast of material, without an applicants consent, is justified in the interests of the protection of the asylum seeker, I indicated earlier this year that, in line with practice in other EU member states, I proposed to take advantage of the next suitable legislative opportunity to bring forward an amendment to section 19(2) solely to remove the requirement of the Minister's consent. The National Union of Journalists wrote welcoming my announcement and at that time an acknowledgement issued from my office. It is my intention subject to Government approval, to bring forward the necessary amendment to section 19(2) of the Refugee Act, 1996, in the framework of the Immigration (Carriers Liability) Bill at present in course of preparation and which I expect will be published shortly. My office is writing to the National Union of Journalists advising them of the up to date position.