Mick Barry (Cork North Central, Anti-Austerity Alliance)
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39. To ask the Minister for Transport, Tourism and Sport his views on the impact of President Trump's executive order banning refugee entry and the entry of persons from seven named states into the United States on the pre-clearance service at Dublin and Shannon airports; the practical co-operation authorities here would have to provide to facilitate such entry refusals; and if he will make a statement on the matter. [5826/17]

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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My question relates to the executive order in the US and the travel ban. This might seem to be less of a burning issue now in light of the federal court's decision to strike down the order. However, the question still stands and I would like the Minister to answer it, particularly given El Presidente's determination to get his way. The fact that he has tilted the numbers on the US Supreme Court means that this may well be become a very live issue again quite soon. I ask the Minister to reply in that light.

Shane Ross (Dublin Rathdown, Independent)
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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.

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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I ask the Minister to detail the number of people - beyond the one individual about whom we already know- who were stopped at the pre-clearance facilities in our airports. How do the Irish authorities become involved when such a decision is made? The Minister has been among the most vocal, if not the most vocal, of all Cabinet members in his disapproval of El Presidente. Uniquely among Cabinet Ministers, he opposed the Taoiseach paying the latter a visit on St. Patrick's Day. The credibility of his call on the Taoiseach would be greatly enhanced if he indicated his willingness to take decisive action to end the pre-clearance facilities at Dublin and Shannon should such a blatant Islamophobic arrangement be put in place again. Such a move might be hailed internationally and seen in the same light as the decision of the Speaker of the House of Commons, Mr. John Bercow, not to give permission for President Trump to address the British Houses of Parliament. Would the Minister be prepared to consider making such a stand?

Shane Ross (Dublin Rathdown, Independent)
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No, I would not. The two issues are not related, I am afraid. In terms of the stand I took, I was determined that my views would be known, not so much about the executive order made by Trump, of which I thoroughly disapprove, but about the issue of torture. I found it difficult to accept that we should give any kind of credence to a US President who had approved of torture. To me, it is uncivilised and barbaric.

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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I note that the radical left councillors on Dublin City Council attempted to have an emergency motion debated on Monday night last. Unfortunately, they were ruled out of order. The motion proposed that Dublin be declared a sanctuary city in solidarity with the sanctuary cities across the US, where the local authorities have indicated that they will not co-operate with racist, anti-migrant measures and have run the risk of federal de-funding. Dublin being a sanctuary city would mean, in practice, that refugees and migrants who have no status in Ireland and who are blocked at our airports would be taken care of here. This is something that the Minister should raise with his ministerial colleagues as a matter of urgency. Would the Minister be prepared to do so?

Pat Gallagher (Donegal, Fianna Fail)
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In accordance with Standing Orders, I will allow Deputy Troy to ask a short supplementary question.

Robert Troy (Longford-Westmeath, Fianna Fail)
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The Taoiseach indicated last week that he had commissioned a review of the operation of pre-clearance at Dublin and Shannon airports. I understand that this is not an issue for the Irish authorities. How pre-clearance operates at both Shannon and Dublin airports is an issue for the US authorities. In that context, has the review been shelved? The pre-clearance facilities at both Shannon and Dublin airports are of major economic benefit to this country. Any threat to cease the operation of pre-clearance would harm this country, our citizens and the passengers who use both airports.

Shane Ross (Dublin Rathdown, Independent)
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I will respond to Deputy Troy's question first. A review was undertaken, with responsibility spread across three Departments, namely, that for which I have responsibility and the Departments of Foreign Affairs and Trade and Justice and Equality. As we speak, the findings are being collated in the Department of Justice and Equality and the review will be in the Taoiseach's office by the end of the week. The review went ahead because issues were raised by members of Deputy Mick Barry's party which have to be addressed, including: questions on how pre-clearance operates; the rights of various people who fly into Dublin airport but are refused pre-clearance; in which jurisdiction such people then stand and whose laws apply to them; and the rights of An Garda Síochána. There are all sorts of complicated issues that are being addressed. The review will be on the Taoiseach's desk by the weekend.

I am sorry but I have forgotten Deputy Barry's question.

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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My question was about sanctuary cities.

Shane Ross (Dublin Rathdown, Independent)
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I will ensure that members of the Government are aware of Deputy Barry's views on that issue.

Pat Gallagher (Donegal, Fianna Fail)
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I must apologise to Deputy Eamon Ryan who has waited very patiently to ask his question. Unfortunately, under Standing Orders, I do not even have discretion in the matter.