Michael McDowell (Dublin South East, Progressive Democrats)

I oppose the amendment. Although I understand the intention behind it, which is to exempt those entitled to protection under the 1951 Act from the operation of the Bill, it would be unworkable. It would not be possible to determine at the point where a carrier had committed an offence under the subsection whether the person in question was or was not a person having a well-founded fear of persecution. Take the case of someone who arrives at a check-in desk at Orly Airport or the ferry terminus at Cherbourg and presents to a carrier for carriage to Ireland. If the subsection was applied, it would mean it would be lawful for the carrier to carry the person to Ireland if the carrier believed that, notwithstanding the fact that he or she had no documents, visa or legal entitlement to come to Ireland, the person was a genuine refugee.