Ruairi Quinn (Dublin South East, Labour)
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Question 8: To ask the Minister for Justice, Equality and Law Reform the number of occasions since June 2002 on which aircraft have been chartered to facilitate the deportation of persons from this country; the cost involved in such charters; the number of persons deported in this way; the number who were children; the overall costs involved, including Garda man hours; and if he will make a statement on the matter. [22144/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Since January 2002, 23 charter flights have been engaged for the purposes of removing persons illegally residing in the State. Some 723 persons were removed in this way at a total cost of €3,150,073. Details of these charter flights are set out in the table.

Brendan Howlin (Wexford, Labour)
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Popularity.

Michael McDowell (Dublin South East, Progressive Democrats)
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——deportations. There is a new EU initiative on sharing the costs of flights and co-operation in organising such flights.

The figures are often disappointing to the GNIB and one of the problems is that those who are arrested to be deported gain access to lawyers who commence judicial review proceedings. Members may have heard about a family making an application to the High Court for judicial review on the basis that some members suffered from epilepsy and better medical treatment is available in Ireland than Romania. In that instance, space on the plane was left empty. Happily, the High Court has decided that the grounds were invalid. One may schedule a flight for a certain number of people and then discover that a considerable fraction of them is excused at the last moment due to judicial reviews and injunction proceedings. The Department is considering sending a letter, which we hope will be judicially supported, to the effect that any argument should be made immediately and that any application for judicial review at the 11th hour will not be accepted.

Brendan Howlin (Wexford, Labour)
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What are the criteria used to determine those who should be deported on a charter flight and those who should be deported on a conventional flight? Is cost analysis carried out and taken into account in this determination?

The Minister was unable to give the breakdown between adults and minors in a previous response to a similar question regarding flights in 2003 and 2004. Why does he not know how many adults and minors are on any given flight? Surely such fundamental information would be recorded before any individual is put on a flight out of the jurisdiction.

Michael McDowell (Dublin South East, Progressive Democrats)
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It is strange that people were deported without their being recorded. Perhaps they came to Ireland at the age of 16 and left at 19——

Brendan Howlin (Wexford, Labour)
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In terms of the determination, the criteria for a minor would be entirely different. The file exists within the Department and I find it numbing that it is not available to the House.

Michael McDowell (Dublin South East, Progressive Democrats)
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I would not use the term "numbing", but I find it strange. I ask the Deputy not to be numbed by this information.

Brendan Howlin (Wexford, Labour)
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The Minister would like me to be numbed more often.

Michael McDowell (Dublin South East, Progressive Democrats)
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I agree the information should be available but I note from the information in the table that no clarification has been added. Deputy Howlin asked how to decide between a commercial and a charter flight. Depending on the nature of a passenger on a commercial flight, a garda may have to be handcuffed, or in close proximity, to the passenger.

Brendan Howlin (Wexford, Labour)
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Is it in case the passenger makes a run for it?

Michael McDowell (Dublin South East, Progressive Democrats)
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It is in case he or she becomes disruptive on the plane. One immigration officer had his arm broken by a person resisting deportation. Disruptive passengers may necessitate flights to be grounded and arrests made. The views of other passengers must be taken into account, especially on long-haul flights, if a significantly disruptive passenger is on a plane. It is not an exact science but the number of supervising gardaí must increase in the case of a commercial flight. There must be a ratio of two or three to one to prevent an outburst or a breach of the peace on the plane. Commercial carriers are not very keen on such passengers so judgment must be used. Economic factors are taken into account and perhaps there is a graph that shows when a commercial flight is feasible.

The majority of people who finish the asylum process are requested to leave voluntarily. They are offered arrangements to return home, with the assistance of the International Organisation of Migration. Everyone who is brought to Dublin Airport in custody to be sent home on a charter flight has been offered and has refused the opportunity to return to his or her country on an ordinary flight with assistance from the Irish State. Everyone is well treated and is offered the more civilised and dignified option. If we did not have a system of deportation our law would be a mockery.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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There is little information on what happens to these people when they return to their country of origin. Various commitments were made by the Minister and his predecessor to ensure these people are well treated on their return to their home country. Will the Minister tell us about information received regarding what happens to these individuals once they return and the procedures in place to ensure that the State knows what happens to such individuals on their return?

Michael McDowell (Dublin South East, Progressive Democrats)
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Any person in danger of violence etc. in the host country is entitled to resist deportation on refoulement grounds. If somebody is brought from Dublin to Lagos, for example, by airplane, arrangements are made by an advanced party of gardaí for reception and processing in Lagos. Arrangements are made for overnight accommodation for such people if they so wish. After that, these people are in their home country and it is their duty to look after themselves. The State's obligation does not extend to monitoring these people or doing a follow-up.

Anybody who thinks the resources of the Exchequer should be spent finding out what happens to people who came here but remained illegally after being asked to go home and that we should make it our business to monitor what happened to these people after they returned home should know that is not a reasonable use of manpower or taxpayers' resources.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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We have deported people who have just reached the age of majority to countries such as Nigeria. I put it to the Minister that there must be some duty of care to find out what happens to these individuals, particularly when they do not have family in their own country. Many young people, on reaching the age of majority, have been deported. There should be some duty of care by the State to ensure we know what happens to these people.

Jim Glennon (Dublin North, Fianna Fail)
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I ask the Minister to be brief.

Michael McDowell (Dublin South East, Progressive Democrats)
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My experience is that 16 year olds and 17 year olds who come in from a number of these states, and one state in particular, have crossed half the world to get here. Very frequently the account given shows a considerable degree of independence of mind on their part. Their histories show that these are functioning people with a good appreciation of their whereabouts etc.

Once a person is of full age and back in one's own country, it is not the Irish taxpayers' duty to further assist that person. A person in those circumstances has already turned down an offer by the State of an air fare home at a time of their own choosing. In those circumstances, the services of the International Organisation for Migration would be available to such people on their arrival home, but these people have turned that down. The Deputy should remember that nobody gets on to a charter flight in this regard who has not turned down a generous repatriation package from the State to go home unescorted in their own time on a commercial flight. In those circumstances, the people are in a position to have contacts awaiting them on arrival.