Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Regarding group 1, amendments Nos. 1 and 3, there was a court case earlier this year, NBO v.the Minister for Justice and Equality, during which the High Court considered the temporary release of a person who was subject to a deportation order and was deported immediately after being granted temporary release.The High Court decided that the temporary release provision does not permit the temporary release of prisoners who are subject to deportation orders for the purpose of their deportation. I refer to convicted prisoners, that is, people who have committed a criminal offence and are in prison.

Given the implications of the judgment, a clear legislative basis was needed to allow non-national convicted prisoners to be transferred into the custody of gardaí or immigration officers for the purpose of giving effect to the deportation order. This new section will permit a prisoner to be transferred into the custody of a garda or immigration officer to facilitate his or her deportation or removal from the State in accordance with a deportation order or a removal order before the end of the person's sentence. It is proposed that the new section will only apply in respect of prisoners who have one year or less of their sentences remaining to serve when remission is taken into account. A prisoner transferred into the custody of a garda or immigration officer under the new section will be required to remain out of the State as required by the deportation order or removal order. A person who does not comply with this condition will be deemed to be unlawfully at large and may be arrested and returned to prison.