Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am, of course, very conscious that the matter raised by Deputy Shatter gives rise to serious issues. On the one hand we all have the responsibility to ensure that those freedoms which we cherish so dearly, such as the right to peaceful assembly and the right to voice one's opinions, are upheld. These rights must undoubtedly be accompanied by a corresponding obligation to respect the rights of others who hold a contrary view. I would add, and I say this without in any way wanting to prejudge consideration of any application, that in circumstances where the State uses its discretion to allow an individual to enter the State there should be no abuse of this privilege.

In addition to the rights and obligations I have already mentioned I, as Minister for Justice, Equality and Law Reform, have additional obligations, not least the obligation to protect the citizens of this State. Therefore, in deciding on any application for a visa to enter the State I will take into account various factors, such as concerns about national security or danger to individuals, before making a final decision. Naturally I will also consult with the Garda Síochána before arriving at a final determination in any such case.

The Deputy will appreciate that it would not be consistent with the legal duties I have with regard to deciding on visa applications made by individuals to debate the merits or otherwise of particular cases across the floor of this House. I am not in any way diminishing any of the concerns expressed by Deputy Shatter and I assure him any decision I reach will be based on my discharging my responsibilities in line with legal requirements and taking into account all the factors to which I must have regard.

I can also say that, while on one hand I have no desire to stifle public debate on the war on Iraq or any other matter, I must also have due regard to the requirements of public order in its widest sense. Inevitably conflicting considerations can arise in dealing with issues such as these. I again assure the Deputy I will balance them in accordance with the law and in the overall public interest.

The fundamental purpose of immigration laws generally, of which the visa system is a part, is to regulate and control the entry of non-nationals to the jurisdiction. There is international recognition that regulation, in accordance with law, is necessary to achieve a number of important objectives in the interests of the common good. These include, for example, ensuring that the economy is not undermined by unsustainable migration flows, ensuring that persons who are permitted to enter the State with stated objectives actually pursue those objectives, and the prevention of abuse by criminal or terrorist elements.

The purpose of the visa system is to authenticate potential travellers prior to their departure for the State with a view to obviating difficulties that arise when a person arrives in the State whose entry has to be refused on legal grounds. Credibility is central to the visa determination process. In assessing visa applications, the visa officer will consider a number of factors including the following: whether the applicant's stated purpose for the visit is the real purpose of the visit; whether the applicant is likely to overstay the length of time applied for; whether the applicant is likely to breach the conditions of the visa; whether the applicant is likely to breach the common travel area without an appropriate UK entry visa; whether the applicant is in a position to fully support himself or herself without any recourse to public funds or resources; and whether the person is likely to present a threat to the public order or security of the State. Any previous immigration history, either positive or negative, of the applicant will have a bearing on the decision.

I am informed that the person in question was invited to come to Ireland by the Irish Anti-War Movement to participate in a debate organised by that movement. The visa application is currently under consideration and no decision has been made.

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