Michael McDowell (Dublin South East, Progressive Democrats)

This amendment is opposed. The interview conducted by an immigration officer under subsection 8(1) of the Refugee Act, 1996 takes place where a person arriving at the frontiers of the State seeks asylum and is for the purpose of establishing certain basic facts: whether the person wishes to make an application for a declaration under section 8 of the Refugee Act, 1996 and, if he or she does so wish, the general grounds upon which the application is based, the identity of the person, the nationality and country of origin of the person, the mode of transport used and the route travelled by the person to the State, the reason the person came to the State and the legal basis for the entry into or presence in the State of the person.

Where necessary and possible, the interview is to be conducted with the assistance of an interpreter. A record of the interview is kept by the immigration officer or authorised officer conducting it. I do not see how the information requested at this interview requires access to legal advice. It is very straightforward: "Who are you? What is your nationality or place of origin? How did you come to Ireland and by what form of transport? Why did you come to Ireland? Have you got a passport, visa, work permit or anything that may show a legal basis for entering the State?" That is within the range of questions that an immigration officer would ask any intending entrant to the State.

It is only where the person indicates that he or she is seeking protection, or otherwise indicates that a fear of persecution underlies his or her unwillingness to go back that he or she is told, as required by section 8(1) of the Refugee Act, of the possibility of applying for asylum. If the application is made, clearly the person is one who must be admitted to the State under section 9 of the Refugee Act, 1996. Every immigration officer is given training to ensure he or she is fully aware of the requirements of the Refugee Act, 1996. The UNHCR has also participated in training in this area.