Michael McNamara (Clare, Independent) | Oireachtas source

In 2023, 3,285 people presented at Dublin Airport without valid travel documents. In 2022, the figure was 4,968. Under section 11 of the Immigration Act 2004, it is an offence to embark in Ireland without valid travel documents. This appears to me to be a strict liability offence. It does not really matter what someone's intention is or what the reasons are, it is an offence. If the window flies off a Boeing 737 and a passport gets sucked out, it is still an offence. It may go towards the sentence someone receives but it is still an offence punishable by up to 12 months in prison and arrestable without a warrant.

To date, one person was prosecuted in 2022. It seems this is an offence that is not being prosecuted in Ireland, for whatever reason. What I want to know from the Minister is why. We are constantly told we have a rules-based approach, and we do in some respects. Sometimes rules are applied and sometimes they are not. It is not clear sometimes why they are being applied and why they are not. I want to know why this particular offence is not being prosecuted in Ireland. It is leading to considerable disquiet. It brings the law into disrepute if there is a provision on the Statute Book that is either not prosecuted or prosecutable. I want to know what the story is with this. Not that long ago, a statute law revision was done to take off the Statute Book various provisions going back hundreds of years that were not being used. This is relatively recent legislation. It is section 11 of the Immigration Act 2004. Dublin Airport is in the Minister's constituency and, if not, it is very close to it. All of these people presented at Dublin Airport. People may present elsewhere but certainly Dublin Airport is getting most attention in this regard.

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