Dáil Éireann díospóireacht -
Tuesday, 30 Sep 2003

Vol. 571 No. 1

Written Answers. - Deportation Orders.

Aengus Ó Snodaigh

Ceist:

1235 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that his plan to deport up to 11,000 Irish citizens along with their non-national parents effectively creates a two-tier citizenship on the basis of ethnic origin; his views on whether his de facto expulsion policy is in violation of these citizens' constitutional and human rights including Articles 2, 7 and 9 of the Convention of the Rights of the Child, ratified by this State in 1992; his further views on whether the Supreme Court decision upon which he is relying in this policy does not absolve the State of its responsibility to protect the rights and well-being of Irish children; and if he will immediately reverse this policy and vacate the deportation orders issued in view of the above. [21289/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

There is no two-tier system of Irish citizenship. While an Irish citizen child has certain rights to remain in Ireland, these are not absolute. In cases where the non-national parents of an Irish born child are found not to have an entitlement to remain in the State the law recognises their responsibility in certain cases to bring their child out of the State with them.

I am fully aware of the obligations imposed on the State under the United Nations Convention on the Rights of the Child and I consider the Government's policy to be compatible with these obligations, including Articles 2, 7 and 9. In respect of Article 2, the question of breaching the prohibition on discrimination does not arise. Article 7 is fully complied with as the children concerned have been registered, have the entitlement to Irish citizenship and are not prevented from knowing and being cared for by their parents. Contravention of Article 9 is not an issue as the State is not forcing a child to be separated from its parents against their will. I am satisfied that adherence to the convention does not entail, as a condition precedent, that parents of Irish-born children should derive an automatic right to reside in the State by virtue of that fact alone. The absence of such automatic rights of residence are a feature of the immigration regimes of virtually all of the countries that have ratified the convention to date.

In considering claims for leave to remain in the State from the non-national parents of Irish-born children, the circumstances in each case will be examined and each case will be decided individually. The welfare of the Irish citizen will be a consideration in every case.