Posted by “The law is not being applied”: TD on migrants without passports
The Irish law which makes it in a criminal offence to enter the State without valid travel documents is “not being applied,” an Independent TD has said.
Speaking in the Dáil today, Independent TD Michael McNamara asked Housing Minister Darragh O’Brien why the existing legislation area is not being applied.
“IT DOESN’T MATTER WHAT YOUR REASONS ARE – IT’S AN OFFENCE”
“Minister, in 2023, 3,285 people presented at Dublin Airport without valid travel documents. In 2022, it was 4,968,” the Clare TD said.
“Under Section 11 of the Immigration Act 2004, it is an offence to embark in Ireland without valid travel documents.
“Now, it would appear to me that that’s a strict liability offence. It doesn’t really matter what your intention is or what your reasons are – it’s an offence.
“In other words, if the window flies off your Boeing 737 and your passport gets sucked out, it’s still an offence. It may go towards the sentence you receive, but it’s still an offence punishable by up to 12 months in prison and arrestable without warrant.”
“THIS IS AN OFFENCE THAT’S NOT BEING PROSECUTED IN IRELAND”
However, McNamara said that currently this law was not being enforced.
“To date, only one person,has been prosecuted, I think, in 2022,” he said, adding: “So, it seems that this is an offence that’s not being prosecuted in Ireland, for whatever reason.”
He then asked the Housing Minister why this was the case, saying that not enforcing the law “brings the law into disrepute.”
“What I want to know from you is why?” he asked.
“Because we’re constantly told that we have a rules-based approach, and we do, in some respects. Sometimes rules are applied, sometimes they’re not. It’s not clear sometimes why they’re being applied and why they’re not.
“But I want to know why this particular offence is not being prosecuted in Ireland – because it is leading to considerable disquiet and, you know, it brings the law into disrepute if there’s a provision on the statute books which isn’t either prosecuted, or isn’t prosecutable.”
O’BRIEN: LAWBREAKERS SHOULD BE PROSECUTED, “AND THEY WILL BE”
Minister O’Brien replied that the legislation is “clear” as regards travel documents, and that lawbreakers are prosecuted, but that he didn’t have the figures to hand.
“Where someone is found to be breaking the law, they should be prosecuted, and indeed they will be,” he said.
“I don’t have the numbers that have been prosecuted under the provisions of that act, and that’s something that I can certainly raise with the Minister for Justice.”
He said that this matter had been discussed by the government previously.
ISSUE OF ASYLUM SEEKERS WITHOUT PASSPORTS “HAS BEEN DISCUSSED AT GOVERNMENT LEVEL”
“This has been discussed at cabinet, at government level, and amongst our parties as well, to make sure that we have a fair system for people who come into this country,” he said, before making a point about the government issuing work permits.
“…So, in relation to the numbers of prosecutions, you’ve said there’s been zero under that,” he said.
“That’s something that I will raise with the Minister for Justice. But we’ve ensured that both airline staff and immigration staff are properly and appropriately trained to deal with people who are coming in who are trying to get around the laws that are in place already.
“But the vast majority of people who are seeking asylum and protection here, their claims will be processed expeditiously and efficiently. Those who can stay should stay, and should get a welcome here in this country.”
ASYLUM SEEKERS “STILL SUBJECT TO THE LAWS OF THE LAND”
McNamara clarified that he wasn’t saying that those without passports don’t have a right to claim asylum.
“I’m not saying that those who arrive without a passport don’t have the right to claim asylum; they do,” he said.
“But they’re still subject to the laws of the land while claiming asylum, including the requirement to present a passport on arrival.
“Now, it may be that people flee countries, and it is certainly the case that people flee countries without passports. Very many millions of people all over the world. But they don’t get on a flight to Dublin without a passport. I think we all know that.
“WHO IS GIVING THE ORDER” NOT TO PROSECUTE THESE CASES?
“So, my question is not why are people allowed to claim asylum. Of course, people are allowed to claim asylum; that’s our international obligation. My question is why are people who are in breach of the law, a strict liability offence, not being prosecuted in this state? Who is giving the order not to do so?
“Is it coming from senior Garda management? Is it coming from the GNIB? Is it coming from the government? Because the law is not being applied and that brings the law into disrepute at some point….why are people not being prosecuted for presenting at Dublin Airport without valid identity documents? That is my question, Minister, and I’d like an answer.”
INTERVIEWS ARE CONDUCTED WITH INDIVIDUALS
O’Brien replied that those who arrive without travel documents are interviewed by the Gardaí.
“I understand the question,” he said.
“You will have GNIB officers and immigration officers that would interview each of those individuals who come in without travel documentation. So, no one just walks straight into the country; they will be interviewed. There can be valid reasons, as you have said as well, as to why people would not have travel documents.
“Now, at the point of exiting the country, one would expect that if they’re travelling from another country, they would have had travel documents to get on that flight in the first instance. There can be security reasons, there can be personal reasons that people would not have that documentation when they arrive in Dublin.”
MINISTER “SURE” THERE ARE NO ORDERS TO NOT PURSUE PROSECUTIONS
He said that he was “sure” that there was no order not to enforce prosecutions in such cases.
“I’m sure there’s no direction to say no prosecutions in that regard,” he said.
“But there are detailed interviews held with people when they arrive into our ports and into Dublin Airport as well.
“Deportations do happen in Ireland too, and you’re aware of that as well…so what I’m saying to you is we do have a rules-based system. Those rules need to be and are actually being implemented in relation to prosecutions under that act. I don’t have the up-to-date detail, but I will certainly get a response for you.”
Who Watches the Watchers? 