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

I assure Senator Ó Clochartaigh that the amendment will not affect the operation of existing procedures under immigration legislation, for example, where a person wishes to appeal or seek a review of a deportation order. It is not intended in any way to cut across the person's rights. If they are in prison or seeking an appeal or review, that process has to be completed. It is not a shortcut or something which will cut across any legislation on immigration or refugee rights.

On Senator Bacik's point, the court decided that section 2 of the Criminal Justice Act, which governs the temporary release of prisoners, does not permit the temporary release of prisoners who are subject to deportation orders. Given the practical implications of that, it was felt that a clear legislative basis was needed for this section. We decided to do it as a section of this Bill, although I take the points made by Senators Ó Clochartaigh and Bacik that it is not associated with the closure of St. Patrick's Institution. We are using this legislation because it is important to have a clear legislative basis for deporting people who are convicted criminals, in prison and subject to deportation orders. To deal with what the High Court had found on temporary release, I have used this opportunity to bring it to the House in this legislation. The central issue we are addressing, though, is the closure of St. Patrick's Institution.