Róisín Shortall (Dublin North West, Labour)
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Question 759: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 545 of 9 July 2009, if he will confirm that all gardaí on duty at immigration in Dublin Airport are fully aware of section 11(4) of the Immigration Act 2004, and that in future they accept the free travel pass as evidence of nationality; and his views on the possibility of reinstating the Irish citizens- entry point at this airport. [39221/09]

Dermot Ahern (Louth, Fianna Fail)
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Ireland and the United Kingdom operate a Common Travel Area (CTA), a result of which is that citizens of both jurisdictions may travel between the two jurisdictions without possessing a passport. However, in Dublin Airport passengers arriving from airports in the UK are not segregated from passengers arriving from other destinations. It is, therefore, necessary for Immigration Officers to establish where passengers have arrived from, and in order to do this, an Immigration Officer may ask passengers questions with a view to establishing their nationality and port of embarkation. Once satisfied that a person is a citizen of the Common Travel Area (CTA) and that such person has travelled from the United Kingdom, the Immigration Officer will make no further requirement of that person.

Members of An Garda Síochána who engage in immigration control related duties at Dublin airport, and other approved airports in the State, have been appointed as immigration officers in accordance with the provisions of section 3 of Immigration Act, 2004. All such persons are appropriately acquainted with the provisions of immigration related legislation and procedures. In particular, members of An Garda Síochána who are Immigration Officers and perform immigration related duties at Dublin Airport, are aware of the provisions of section 11 of Immigration Act, 2004. Section 11(4) of the Immigration Act, 2004, excludes persons other than non-nationals, from the requirement made at Section 11(1) that every person (other than a person under the age of 16 years) landing in the State be in possession of a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality to the satisfaction of an immigration officer, only when they have come from or are embarking for a place in the State, Great Britain or Northern Ireland.

A person who is a national of the jurisdictions that form the Common Travel Area (CTA) is not required to be in possession of a passport, or other equivalent document, when arriving at an aerodrome in the State, having travelled from within the CTA. However, in so far as Dublin Airport is concerned, Dublin Airport Authority (DAA) does not segregate passengers based on the location from where they have travelled. Consequently, Immigration Officers performing immigration control duties at Dublin airport do not know where passengers have travelled from when such passengers present at immigration control desks.

It is a fact that a significant number of nationals of the jurisdictions that form the Common Travel Area do carry passports, even when travelling within the CTA, because of requirements placed on them by the airline companies. When such passengers produce their passports to Immigration Officers, the need for them to establish that they have, in fact, travelled from within the CTA does not arise.

In circumstances where a person, who is a national of the jurisdictions that form the Common Travel Area, and who has travelled from within the CTA and is not in possession of a passport, an Immigration Officer, in compliance with their duties under immigration legislation, is duty-bound to ask questions designed to establish that the person is a national of the jurisdictions that form the CTA and has travelled from within the CTA.

In recent years, personnel at the Garda National Immigration Bureau and in the UK Border Agency have detected abuses within the Common Travel Area including movements of illegal persons, suspected human trafficking, illegal immigration and substantial levels of social welfare fraud are among the consequences of such abuse. The co-operation of all passengers arriving in the State, including Irish and UK citizens who have travelled from the UK, greatly enhances the ability of Immigration personnel, both here and in the UK, to prevent and detect illegal immigration and associated criminality.

In fulfilling their duties at the frontiers of the State members of An Garda Síochána utilise a range of legislative provisions. In particular, such officers will, where necessary, enforce the provisions at section 33 of Air Navigation & Transport Act, 1988, which states, an authorised officer, in the interest of the proper operation or the security or safety of an aerodrome, or the security or safety of persons, aircraft or other property thereon, require any person on an aerodrome to - : (i) give his name and address and to produce other evidence of his / her identity; (ii) state the purpose of his being on the aerodrome; (iii) account for any baggage or other property which may be in his possession.

As outlined above, where a person, who is a national of the jurisdictions that form the Common Travel Area, and who has travelled from within the CTA and is not in possession of a passport, but produces a travel pass issued by the Department of Social and Family Affairs, an Immigration Officer is duty-bound to ask questions designed to establish that the person is a national of the jurisdictions that form the CTA and has travelled from within the CTA. However, as such documents as referred to, do not include the nationality of the holder, the Immigration Officers will ask additional questions with a view to establishing that the person is, in fact, a national of one of the jurisdictions that form the CTA.