Vol. 574 No. 3
4 Mr. G. Mitchell asked the Minister for Foreign Affairs if he has taken steps to ensure that adequate consular facilities are provided for Irish citizens who are taken to foreign states with their parents who are required to leave Ireland. [26944/03]
Consular facilities are available to all Irish citizens who live or travel abroad and who seek such assistance from the Department or any of our missions abroad. I believe that, within the limits of the available resources, the Department provides the best possible service in this regard. Our network of diplomatic and consular missions includes 49 embassies and 12 consulates general. In addition, there are 25 honorary consuls general and 60 honorary consuls who provide assistance to Irish citizens in 59 countries.
In providing consular services, my Department is guided by a number of international instruments on human rights and consular relations. These prescribe the rights of states in acting to protect the interests of their citizens abroad. Foremost among these is the Vienna convention of 1963 on consular relations.
There are more than 1 million Irish-born citizens living abroad. In addition, there are millions more people of Irish descent, many of whom hold dual citizenship. The holding of dual citizenship does not diminish the entitlement of an Irish citizen to seek Irish consular protection, with one exception. Under international law, a state cannot extend full consular protection to a citizen who holds dual nationality if that citizen is residing in the country of the citizen's second nationality. In addition, if an Irish citizen is visiting or residing in a country of which he or she is also a citizen, he or she may be subject to laws, which apply only to citizens of that second country. In those circumstances, Irish consular staff might be able to give only limited assistance.
However, every person born in Ireland remains an Irish citizen, whatever the nationality or status of his or her parents and, if travelling on an Irish passport in a third country, is entitled to seek Irish consular assistance.
I thank the Minister for his reply. I realise there are limited consular facilities. My experience of those facilities is that they try to assist in every way possible. What applies in this case is the de facto expulsion of Irish citizens because they are minors, often – but not exclusively – babies in arms and younger children. In these circumstances, would the Minister consider introducing some pro-active consular service to try to ensure there is at least traceability and these minors who, under the Constitution are due the protection and any assistance the Government can give them if in danger, are protected as well as possible by the consular service?
Does the Minister know the number of minors holding Irish citizenship who were de facto expelled from this country because their parents were expelled? The Minister will be aware that in many cases these are the children of vulnerable people, many of whom have claimed refugee status and some of whom have personal difficulties in their own countries. These minors, who are Irish citizens, may have particular difficulties and may be especially vulnerable. I ask the Minister to consider initiating some consular service which would monitor and be available to these minors who are citizens to protect their interests when they are de facto expelled from the country.
Regarding what consular help can be given to assert the rights of Irish citizens, including minors in the country in which they may now be living, under the Vienna convention on consular relations, a state's consular function includes safeguarding the interests of minors within the laws and regulations of the receiving state. In practice, therefore, our ability to provide assistance may be limited particularly, as I have already said, if the Irish citizens are also citizens of the country in which they are living.
The Supreme Court decision in the case of L and O on 23 January 2003 makes it clear that the State, acting through the Minister for Justice, Equality and Law Reform, has a right to deport the non-national parents of Irish children, even where that decision results in the effective removal of the Irish-born child. Irrespective of my view in the matter, this is the view of the Supreme Court and the constitutional position of children in such cases.
The cases of each of the 10,000 non-national parents who are affected will be considered individually and on their own merits having regard to a range of factors relevant under existing law. The Minister for Justice, Equality and Law Reform has already indicated that there will be no mass deportations in that respect.
As I have already said, the entitlement of Irish citizens abroad to consular services does not depend on the nationality or immigration status of the parents. Regarding any supplementary information I can give on the consequences of the Supreme Court decision provided by the Department of Justice, Equality and Law Reform, it would be that the principles set out in the case include a requirement that the person be given a 15-day period in which to make representations as to why a deportation order should not be made. Even if representations are not made, the Minister is required to have regard to a range of different factors, including humanitarian considerations, in determining whether a deportation order should be made.
Most importantly, the making of a deportation order is subject to section 5 of the Refugee Act 1996, which 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 cornerstone of Ireland's repatriation system.
We have run out of time on this question.
May I ask a brief question?
I would prefer if you did not because I did not allow other Deputies to ask supplementary questions.
I asked the Minister if he knew the number.
While I do not have that information here, if I can find out I will give it to the Deputy.
