Michael McDowell (Dublin South East, Progressive Democrats)

I refer the Deputy to the replies I gave to Questions Nos. 84 to 88, inclusive, of 10 May 2006, 190 of 4 May 2006 and 470 of 3 May 2006.

There is no provision in Irish law for the automatic deportation or judicially ordered deportation of a non-national who has committed a criminal offence. In this respect our system is somewhat different from that which operates in the United Kingdom and which gave rise to recent controversy there. It has long being the practice of Ministers for Justice, Equality and Law Reform to give consideration to deportation in particular cases where a non-national has been convicted of a serious offence. Until recently such cases were relatively isolated and the volume was small. However, due to the significant increase in non-nationals in recent years, I have introduced a new system which has been in place since May 2005 whereby the case of every non-EU national imprisoned is brought up for consideration.

Deportations in these situations are quite complex. Any person to be deported must first be served with a written notice of intention to deport, as provided for under section 3 of the Immigration Act 1999, as amended, which advises each individual of the options open to him or her at that time, namely, to consent to deportation, to agree to return voluntarily to the country of origin or to submit, within 15 working days, written representations to the Minister setting out reasons he or she should not be deported. Where the third option is availed of, any written representations submitted by or on behalf of the person in question is considered before a final decision is taken as to whether that person should be the subject of a deportation order. It is my intention to address expedited deportation procedures in the forthcoming immigration residence and protection Bill.

With regard to specific numbers of non-Irish, non-British nationals who were released from prison since the coming into effect of the Immigration Act 1999, I mentioned in reply to a Parliamentary Question of 10 May last that my Department is compiling these figures. I remind the Deputy that EU nationals have the right to be here and if an EU national is sentenced for something such as a public order offence, it does not follow as a consequence that the person will be deported when released from prison. When analysis of the figures is completed, I will be in a position to respond in a more detailed way to the Deputy and I will supply him with the information as soon as the exercise is completed.

As the Deputy is aware, the provisions relating to the removal of non-nationals from the State are being considered in the context of the Bill I mentioned.

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