Oireachtas Joint and Select Committees

Wednesday, 27 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Discussion

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

Part 14 of the Bill deals with the amendments to the Immigration Acts. In effect, that deals with a lacuna in the provisions relating to non-refoulement. The important aspect here is that sections 88 and 89 amend not only the Immigration Act 1999 but the Immigration Act 2003. That will have the effect of confirming that in considering the removal or deportation of a person from this State, immigration officers will, in line with international obligations, have the power to undertake the refoulementconsideration. Section 88 also includes a provision confirming that where in making an order of deportation since 31 December 2016, consideration was given to non-refoulementand the practice will continue. What we are doing in the amendment is providing a legislative basis to the consideration of refoulementmatters. This is in line with section 50 of the International Protection Act 2015 for all non-nationals being removed from the State. The amendment will have the effect of restoring references to non-refoulementin the Immigration Acts. It has remained both the policy and the practice to apply refoulementprinciples to all removals from the State. That should cover the point raised by the Deputy.

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