Brendan Griffin (Kerry, Fine Gael) | Oireachtas source

I could indeed. I am sure there would be competition for that gig.

I thank the many Deputies who contributed to the discussion. As I said earlier, US preclearance is a valuable asset for Ireland. It has been an enormous success in facilitating easier travel between Ireland and the US and incentivising airlines to operate more and more services on transatlantic routes. In 2018, approximately 1.9 million passengers availed of this facility at Dublin Airport and Shannon Airport, which represents growth of almost 140% since 2011. The terms in the amended agreement are crucial to ensure the continued success and growth of US preclearance services in Ireland.

I would like to highlight a significant aspect of the growth in tourism we have enjoyed since 2011. I think we had eight North American gateway cities in that year, whereas we have 25 such cities currently. This increase has been facilitated through a number of initiatives. I have no doubt that the scrapping of the airport tax has been influential in this regard. The brilliant work of Tourism Ireland and the availability of this preclearance facility in Dublin Airport and Shannon Airport have both contributed significantly too. Along with representatives of Tourism Ireland, I am heading to Boston tomorrow to head up a trade mission in the north-east US, which is a critical part of our North American market. We will be using preclearance in the morning, which is very convenient for everybody travelling on that route.

I will respond to some of the issues that have been raised by Deputies, beginning with the issue of cost. As I mentioned in my opening statement, under the terms of the amended agreement, "a baseline level of services will be borne by US Customs and Border Protection, CBP, with the costs associated with additional services being substantially paid for by the two airport authorities". No direct cost to the Exchequer will arise. The amounts to be paid, and the arrangements for any variability in these amounts, will be set out in commercial memorandums of understanding between the CBP and each airport which will be subject to approval by the Department of Transport, Tourism and Sport. The amount charged to each airline arising from these costs will be a commercial matter for the airports to decide. Airlines, in turn, will continue to decide how much passengers pay to avail of the preclearance service. The extra cost for Dublin Airport, if spread across the 1.7 million passengers who used preclearance facilities in 2017, will not equate to a substantial extra charge per passenger. The incremental growth in passengers availing of preclearance is expected to offset further the incremental cost associated with the provision of extra CBP officers.

While Shannon Airport does not require additional officers, it needs some flexibility with regard to rostering and overtime arrangements to allow the airport to increase its general aviation business, particularly where the service is required outside the standard rostered hours for preclearance of commercial flights. For the additional hours requested, it is understood that the CBP would levy a charge against the airport for the service, and the airport would in turn pass on this cost to the airline.

I would like to speak about the rights afforded to passengers who avail of US preclearance services. As I am sure Deputies will understand, the US has the authority to determine the right of any individual to enter its territory. Each decisions on who may enter the US is entirely a matter for US officials. Eligibility is determined by reference to US immigration rules. Preclearance is not compulsory. Passengers who wish to avail of preclearance do so voluntarily and on condition that they recognise and consent to the right of the US to grant or refuse preclearance in accordance with its immigration rules. Passengers retain the right to withdraw from the preclearance process. Border controls at US airports are also carried out by the CBP, which is the same organisation that processes passengers for preclearance in Ireland.

The same procedures and criteria for entry therefore apply whether a passenger preclears or postclears. Airlines choose to apply to have their services precleared at Dublin Airport or Shannon Airport on the basis that they may then offer the service as an added bonus for their customers. As Dublin and Shannon Airports are the only airports in Europe with preclearance facilities, passengers can also choose to fly to the USA from other American airports and post-clear for entry on arrival in a USA airport.

With regard to US preclearance and the rights available to refugees or persons wishing to seek asylum, Ireland abides by its international obligations regardless of any decision by US authorities to refuse entry at a preclearance facility. A refusal at a US preclearance facility has no impact on the rights of refugees or persons wishing to seek asylum in Ireland. A person refused at preclearance and who subsequently claims asylum in Ireland is dealt with in accordance with the International Protection Act 2015. The existence of preclearance facilities, therefore, has no effect on the capacity of persons to claim asylum in Ireland, nor on the way such persons are treated.

The issue of noise at airports will be a matter for the noise regulator to decide on. Legislation to establish the noise regulator is currently being enacted.

I assure the Deputies that the US preclearance facilities that are operated at Dublin and Shannon Airports are within Irish jurisdiction, and the laws of Ireland apply at all times. US customs and border protection officers are not equipped with firearms or any other offensive weapons. They are not considered to be law-enforcement officers in Ireland. The Aviation (Preclearance) Act 2009 permits preclearance officers to detain a person in a limited number of circumstances, and any persons detained under these provisions must be delivered forthwith into the custody of An Garda Síochána. I assure Deputy Clare Daly that I will try to obtain from the Department a response to her question as quickly as possible.

I urge the House to approve the terms of the agreement amending the agreement between the Government of Ireland and the Government of the United States of America on air transport preclearance.

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