Dáil Éireann Debate, Thursday - 8 July 2004
24 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if he has received advice from the Attorney General in regard to the implications of the preliminary opinion of the Advocate General of the European Court of Justice in a case (details supplied) in regard to powers to deport families with Irish-born children; and if he will make a statement on the matter. [20693/04]
Amharc ar fhreagraThe current legal position in relation to the deportation of non-national persons who wish to reside in the State on the sole basis that they are the parents of Irish born children is set out in the Supreme Court decision in the case of L and O. No decision has yet been made by the European Court of Justice on the Chen case, notwithstanding Advocate General's opinion. That opinion does not have legal effect. It is only the decision of the European Court of Justice that has legal effect. The Attorney General and I have discussed the Advocate General's opinion and will assess the legal implications of the ECJ's decision when it gives its decision.
