Michael McNamara (Clare, Independent) | Oireachtas source

I am afraid what the Minister just told me differs somewhat from what I heard is happening on the ground. There is a new enlarged border control facility at Dublin Airport. However, there was always a border control facility at Dublin Airport. Items marked for Shannon Airport previously came through Dublin Airport where there was a Department of Agriculture, Food and the Marine facility. Because they were marked for Shannon, however, they went on to Shannon Airport, even though there was a facility at Dublin Airport, and that was no problem. Stuff that was leaving through Dublin Airport that originated in Shannon was able to be cleared at Shannon Airport. It was wrapped and put on a pallet and it was not interfered with thereafter. That was no problem even though it was going to Dublin and there was a border control post in Dublin Airport. Stuff that was coming in from Heathrow Airport, which was the first point of entry into the European Union, was not checked at Heathrow or at Dublin Port or Rosslare Europort. It went on to Shannon Airport because it was marked for Shannon. All of this happened under the existing law with which the Minister just said his officials are bringing Ireland into compliance.

I will offer the Minister an alternative scenario, which is that a big new facility is being built in Dublin Airport and officialdom now needs to justify the cost. Maybe the canteen or the view is nicer than at Shannon Airport; I do not know. For that reason, however, they are willing to cannibalise the other facilities around the country to justify this one. That is kind of how Ireland works in general and Dublin Airport is just a facet of it. There is no change whatsoever in the law. Therefore, either what was going on before was unlawful, in which case the Minister should stand up and say that, or it was lawful, and what is going on now is not required by law. The European law mentioned by the Minister defines it as follows:

Border control post of introduction into the Union' means the border control post where animals and goods are presented for official controls and through which they enter the Union for subsequent placing on the market or for transit through the Union territory and which ... [may] be border control post of first arrival into the Union.

It is not "shall" be the border post of first arrival into the Union but "may" be the first post of arrival into the European Union. Somebody, somewhere, in the Minister's Department read that to mean "shall" be the border post of first arrival into the European Union. We need to get to the crux of why this is. Is it because there was a change in the law, which there has not been, or is it because a big new facility was built at Dublin Airport? Is it that somebody likes it and does not like the other ones because maybe they are not as nice or the air ventilation is not as good? Maybe somebody got to an official in the Department and said, "You know what? We will stymie Shannon and promote Dublin Airport", and this is just one little way to do it. I may be wrong in saying all that. Can the Minister please tell me I am?

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