Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank Deputy Barry for his question. I do not think it is irrelevant; it is a good question. I strongly disagree with the policy recently announced by President Trump to temporarily ban travel to the US by nationals of certain countries. As Deputy Barry knows, there is currently a suspension in place for this executive order, which is the subject of an appeal at a US federal appeals court, the outcome of which is awaited.

The pre-clearance facilities at Dublin and Shannon airports are within Irish jurisdiction and the laws of Ireland apply at all times. This is expressly confirmed at Article II(5) of the pre-clearance agreement. Given the fact that US law does not apply, provision is made at Article II(6) of the agreement to confirm that passengers who wish to avail of pre-clearance do so on condition that they recognise and consent to the right of the US to grant or refuse pre-clearance in accordance with its laws.

No Irish official has any role in determining eligibility of admission to the United States at the pre-clearance facilities in Dublin and Shannon airports.

If a person is refused leave to board a US-bound flight, the person then becomes the responsibility of An Garda Síochána, which deals with them in line with Irish law and in accordance with the full human rights protections that apply. A refusal at US pre-clearance has no impact on the rights available to refugees or persons seeking asylum in Ireland. If they apply for asylum they will be dealt with in the normal way or if they wish to return to their point of origin, they will be facilitated. These are issues for Irish immigration authorities in which US officials have no role. It should also be noted that my Department does not have responsibility for policy relating to international refugees.

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