Seanad debates

Monday, 7 December 2015

International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages

 

1:00 pm

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

I cannot agree to the proposed changes as section 20 clearly provides for the circumstances in which an applicant can be detained. Section 20(1) states:

(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.

The section makes it clear that a person cannot be detained for the sole reason that he or she is an applicant for international protection. Specific reasons are laid out in section 20 on page 22, as I have outlined. A person cannot be arrested for the sole reason that he or she is an applicant for protection. It is not provided for in the Bill, nor should it be.

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