Seanad debates

Wednesday, 18 December 2002

Immigration Bill, 2002: Committee Stage.

 

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

it is the carrier's duty to ensure he or she is carrying people who are documented. If a carrier makes an arrangement with Servisair in Charleroi airport, for example, to carry out this function the carrier will be guilty if he or she produces someone in Ireland who is not documented. The carrier may say he or she has done everything that could reasonably be done. One of the things the carrier must reasonably do, if the check is not carried out by him or her, is provide someone competent who he or she can prove has carried out the check on the carrier's behalf. The carrier will be liable for the criminal penalty and it is a matter of indifference to the Irish State if he or she has some contractual arrangement with Servisair in Charleroi Airport whereby the carrier gets reimbursed for every mistake the private enterprise co-partner makes in this area. If there is laxness on the part of those who do the checking in and the carrier incurs a liability on that account, that is the carrier's problem.

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