Michael McDowell (Dublin South East, Progressive Democrats)

I refer the Deputy to my replies to a series of parliamentary questions which he asked earlier this year and in particular my reply to his written Question No. 468 of 27 June 2006. Since then a comprehensive reply to these queries issued to him from my office on 20 September 2006.

By way of background, it should be noted that the effect of a deportation order when served on a person is that the person concerned is legally obliged to leave the State and to thereafter remain out of the State. In addition, it should be borne in mind that while section 3(2) of the Immigration Act 1999, as amended, which is the relevant legislation in this area, provides for a deportation order to be made in a variety of circumstances, set out in paragraphs (a) to (i) of that section, in practical terms, deportation orders tend to be made based on the provisions of section 3(2)(f) of the Act, that is, where the person concerned has failed all stages of the asylum process, and section 3(2)(i) of the Act, where the person concerned has otherwise become illegal in the State, such as where they have overstayed a work permit, a study or holiday visa or the like. It should also be borne in mind that all deportation orders, regardless of the specified headings they are made under, are equal in value, legally and operationally. For instance, a person who would be liable to deportation on the grounds of a prison sentence might also be liable to be deported as someone who has overstayed, and so the effect is the same.

The Deputy will appreciate that each case is considered on its individual merits having regard to the gravity of the offence committed as well as what, if any, other connection each individual has to the State. For example, if a non-EU national prisoner has a legal entitlement to be in the State as a recognised refugee or as a person who has availed of EU treaty rights through marriage to an Irish or EU national, they would clearly be less likely to be deported. Where a person has been here for some time and their children have settled here it would be necessary to consider very carefully the impact that deportation would have on the family unit. The mere fact that somebody is a foreign national and is sent to jail in Ireland would not justify me, on the basis of proportionality, putting that person out of the country on foot of a deportation order, if I came to the view that they were the breadwinner for children who are Irish citizens or if they were married to an Irish citizen or if there were other circumstances that would make it disproportionate to deport them.

My officials have identified a total of 662 non-EU national sentenced prisoners who were released from prison between 2001 and May 2006. Computerised records are not available for 2000. The figures I have included in the two tables cover the period from 2001 to 22 May 2006. For the Deputy's information, these figures have been broken down by reference to the nature of the offences in respect of which the persons concerned were convicted and subsequently imprisoned. It should be noted that in the case of prisoners who may have committed more than one offence, the more serious offence is shown.

In the context of the table, the category of "Other" includes persons convicted of public order and other relatively low-scale offences. The category of "Offences Against the Person" includes a case where a life was lost with manslaughter being the nature of the case in question. The person convicted of this manslaughter was subsequently deported. No cases of murder were involved.

Of the total of 662 persons included in these records, some 252 show up as having no resident status. This would suggest the persons concerned were either captured on official records under another alias or may be persons who had arrived illegally in the State and were never captured on official departmental records such as they might have been had they participated in the asylum, visa or work permit processes. It could also include short-term tourists who did not require a visa but committed an offence while in Ireland.

Additional information not given on the floor of the House.

Of the 252 persons shown as having no resident status, the vast majority of them are included in the less serious categories of offence and it would not have been necessary to deport them on completion of their term of imprisonment.

Table 2 provides an annualised picture of the non-EEA throughput from the prison system broken down by offence.

While the level of deportations as outlined in Table 1 is substantial, particularly with regard to certain offences, for example drugs offences, it does not follow that all other persons referred to on the list are still residing in the State. The reality is that many people leave the State on completion of their sentence. Except in the most serious cases, where it is clear a person is leaving the State and highly unlikely to return, deportation will not be necessary as removal is already achieved. The objective for the State is that the person leaves the territory and does not return. In effect, deportation is an instrument intended to remove persons from the State who would otherwise be likely either to remain or to attempt to return.

I have stated before that my Department and the Garda National Immigration Bureau have an ongoing information exchange with the Irish Prison Service through which medium my Department and the GNIB are made aware of the release dates of convicted non-EU national prisoners. This exchange has been in place for a number of years and was reviewed and further enhanced in May 2005 since which time lists of all non-EU prisoners due for release have been forwarded to the GNIB and considered for possible deportation. Details of the offences involved are also included, as are the nationalities of the prisoners in question. Based on this information, my Department provides information to the Irish Prison Service of the immigration status of the persons concerned and, where appropriate, prepares the paperwork necessary to have outstanding cases finalised, where possible, in advance of the planned release date.

Table 1
Breakdown of offence and status	Deported	Legally resident in the State	Position in the State under consideration	Evaded deportation	Without resident status	Total
Sex offences	5		4	3	2***	14
Drugs	56	3	13		6****	78
Firearms	1					1
Offences against the person*	18	13	12	3	18	64
Offences against property	35	25	36	10	66	172
Road offences**	10	53	19	2	69	153
Immigration	2	3	4	2	13	24
Other	23	30	20	5	78	156
	150	127	108	25	252	662
*Includes one case of Manslaughter where the offender was deported.
**Includes one case of Dangerous Driving Causing Death where the offender is now an EU citizen.
***Both of these people are believed to have left the State.
****A significant number of these people are believed to have left the State upon release.

Table 2
Breakdown of Release Date by Year
Type of offence/Year	2001	2002	2003	2004	2005	2006	Total
Sex offences	4	4	3	1	1	1	14
Drugs	12	4	14	18	19	11	78
Firearms						1	1
Offences against the person	7	9	15	15	15	3	64
Offences against property	23	28	43	39	30	9	172
Road offences	14	18	38	39	37	7	153
Immigration	1		11	3	2	7	24
Other	19	23	24	43	39	8	156
Total	80	86	148	158	143	47	662

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