David Norris (Independent) | Oireachtas source

I support the amendment. First, the section grants the power of arrest without a warrant, not just to a garda but also, unusually, to an immigration officer. Senator Trevor Ó Clochartaigh's amendment would leave intact all of the grounds already contained in the Bill, apart from the one to which he has taken exception which is implicit but not stated. In other words, accepting the amendment would still mean that an immigration officer or a member of An Garda Síochána, without even having to obtain a warrant, could arbitrarily arrest somebody who:

(a) poses a threat to public security or public order in the State,

(b) has committed a serious non-political crime outside the State,

(c) has not made reasonable efforts to establish his or her identity,

(d) intends to leave the State and without lawful authority enter another state, or

(e) without reasonable cause— (i) has destroyed his or her identity or travel document, or

(ii) is or has been in possession of a forged, altered or substituted identity document.

I also question paragraph (d). I would like a further explanation from the Minister of State of the wording that a person can be arrested if he or she "intends to leave the State and without lawful authority enter another state".How strong does that intention have to be? Does he or she not have to show some clear, tangible reason for this suspicion? As it stands, it looks to me as if an immigration officer could arrest somebody and simply say, "I think you are intending to leave the State and enter another state without lawful authority". There is nothing to stop them in some circumstances from leaving the State. This could be done on just a suspicion and I am worried about that too.

The amendment would prevent an immigration officer or a garda without a warrant arresting or detaining somebody for the sole reason that he or she is an applicant for international protection. Will the Minister of State explain what, if anything, he has against that? In other words, if immigration officers arrest somebody just because he or she is an applicant for international protection, that means they could arrest any of these people. Being an applicant for international protection is not a reason for arresting somebody. This is getting very close to harassment and to racism. It is like when they hauled some unfortunate Dublin born artist off the Belfast train years ago because he was black. I, therefore, strongly support the amendment.

It refers to the "sole reason". Can the Minister of State defend the right of an immigration officer without a warrant arresting people solely because they are applicants? It will become an offence to become an applicant. This is nonsense and I ask him to consider this seriously.