Michael McDowell (Dublin South East, Progressive Democrats)

I am interested in the variety of views being expressed. Let us look at Article 26 of the Schengen acquis, of which Ireland is a contracting party, which states:

The Contracting Parties undertake, subject to the obligations arising out of their accession to the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967, and in accordance with their constitutional law, to impose penalties on carriers who transport aliens who do not possess the necessary travel documents by air or sea from a third state to their territories.

I should point out, for the information of Senator Ryan, that the word "aliens" is used in the acquis. As I said at the start of this debate, it is not as if the Department of Justice, Equality and Law Reform is thinking up little schemes to suit itself. A Council directive requires Ireland to impose penalties which are proportionate and not less than €3,000 in some respects. I ask Senators to be realistic about this matter – we are living in the real world where we are subject to real influences.

Let us return to what we are being asked to do in this amendment. Senator Ryan has come up with the notion that, somehow, I am casting an unfair responsibility on carriers because, in effect, the Bill will apply to people landing in the State and not to those embarking. I can inform the Senator that no airline in the real world will allow somebody to board a flight if it will be obliged to bring him or her back. The only way airlines can control whether documented or undocumented people are on a flight that lands in Ireland is by checking whether they are documented when the flight takes off. Let us remember that documents do not fly in and out of the windows of aircraft. This Bill, like legislation in other countries, will have the effect of ensuring that carriers will check documentation on the point of embarkation.