Seanad debates
Thursday, 3 July 2003
Immigration Bill 2002 [Seanad Bill amended by the Dáil] : Report and Final Stages.
Subsection (10) is a new feature which provides a power to an immigration officer or a member of the Garda Síochána to issue directions to a carrier for the purpose of returning a person brought in by that carrier, where known. This is the case in the majority of refusal of leave to land cases. These new powers are an enhancement of the present powers and the enhancements arise directly from the Schengen instruments. Most importantly among these new features, paragraph (d) of subsection (10) allows alternative arrangements for the removal to be made where the carrier fails or is unable to comply with a direction. Under paragraph (e) the costs incurred in these alternative arrangements in terms of maintenance, detention or removal may be recovered from the carrier as a simple contract debt through the courts. Under subsections (11) and (12), failure to comply with a direction will be an arrestable offence.
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