Brian Lenihan Jnr (Dublin West, Fianna Fail)

I would like to bring the section down to practicalities and I invite Senators to proceed to a point of departure known as Rosslare from where one leaves Ireland to travel to France and where one's legal documentation is checked because that is a requirement of French legislation. Irish citizens or any person resident in Ireland who wish to travel to France have to go through precisely the system envisaged in this legislation when they embark on a ship at Rosslare. All we are providing for in this legislation is that we too can exercise that facility at a point of embarkation. That point illustrates the essential character of this measure. There is nothing unusual in it.

On the issue raised by Senator Ryan, the position in Cherbourg is that we do not know what the intention of persons refused boarding by Irish Ferries might have been had they entered Ireland. However, many of them might have planned to claim asylum, take up employment without a work visa or use this country as a transit point for the United Kingdom. Any of these persons who wish to seek asylum can make the necessary application to the French authorities or to the authorities in the EU state through which they first entered the territory of the European Union. That approach is reflected in the principles underpinning the Dublin Convention to which all European Union states are parties.

On the wider question of programme refugees, I spoke already on this subject and made it clear that the Government welcomes them. Senator Ryan outlined the horrific circumstances in Kosovo. We would support a programmed approach to deal with any great human tragedy such as that, but the practicality is that if we do not tackle the problem of the unfounded and unmeritorious application, there will not be places for programme refugees whom we all want to see being brought here.

Senator Terry raised the question of the guidelines and I understand she intends to return to that on Report Stage. The hauliers have been in discussions with the Department and have agreed a draft code or statement of practice. I appreciate the concern of the Senator that the word "shall" shall be imported but that gives it a very mandatory character. What we are talking about is a guideline which a potential defendant could comply with and, therefore, prove his or her innocence by adhering to it. However, I do not want to anticipate what may be raised on Report Stage on that issue.