Michael McDowell (Dublin South East, Progressive Democrats)

If I had sufficient time, I would have said that the files are brought to my office for consideration, with a summary attached to each file. The volume of such files can be understood from the fact that since January 2001, 10,200 deportation orders have been signed by me or my predecessor. In 2004, the number of individual cases varied from ten to 20 on each working day, which is the result of the Government's overall asylum processing strategies and the commitment of resources to the area. This is likely to increase in scale.

In light of the volume of deportations filed, it is unrealistic to think it possible that I or any other Minister for Justice, Equality and Law Reform could remember the precise details of every case. While I have no recollection of reading the file to which the Deputy refers, my general practice is to read and consider the summary of some cases or to read and consider the entire file in exceptional cases. The approach I have outlined is the only realistic way of dealing with the volume of cases fairly and efficiently. This is in accordance with the Carltona principle which recognises that the system of departmental organisation and administration is based on the view that Ministers responsible to Parliament will ensure that important duties are committed to experienced officials. The deportation order in every case is signed and made by the Minister as a matter of law. This approach is typical of those taken in common law countries where ministerial decisions are made in accordance with the Carltona principle.

The Deputy asked whether this will set a precedent for other cases. It will not. In this case, the proposing immigration officer noted in the file his expectation that the young man would be able to finish his leaving certificate and then leave. The subsequent sequence of events that happened was unlikely in that he did not attend an interview to inform him of this expectation when he was requested to and was marked as an evader. Once he was classified as such, he subsequently appeared on the day a flight was leaving and other officials who acted in good faith but were unaware of the expectations of the first official decided to arrest and deport him.

It was harsh to stand over his deportation under these circumstances. On consideration, I publicly said that I must take personal responsibility for these decisions. I make no apology for saying this but the other cases to which the Deputy refers have nothing to do with this particular sequence of highly unlikely and unpredictable events or their results.

Entire families come to Ireland seeking protection as refugees and apply for asylum. When they fail, they must be deported. The Deputy has advanced in this House that, where children are in education, the question of their deportations should be deferred until their education is finished.

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