John O'Mahony (Fine Gael)
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I welcome the Minister, Deputy Flanagan.

Niall Ó Donnghaile (Sinn Fein)
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Cuirim fáilte roimh an Aire. Gabhaim buíochas leis as an gceist seo a fhreagairt. Tá súil agam go bhfreagróidh se í. The Minister is very welcome. I thank him for taking the time to respond to this question. My rationale for submitting this matter is anecdotal in the first instance. I have noticed an increase in the frequency with which the bus I use to travel from Belfast to the Seanad is stopped at Dundalk so that gardaí can come on board to ask people for their passports or papers.The gardaí are entirely within their rights to do so. The gardaí who got on the bus asked passengers to produce their passports or national ID cards. I do not carry either item when I travel within Ireland and I do not expect to be asked for them.

Beyond the figures I have sought in my Commencement matter, and this is something that we may have to tease out down the line as I appreciate the fact that the Minister may not have the information today., but what are the terms of reference in cases where a garda stops people and asks them to produce a passport or ID papers but they do not have either? Does the garda allow them to proceed? What are the terms of reference for such a stop? I tabled a Commencement matter because I noticed an anecdotal increase in such instances. I would like to hear his reflections on the matter. We have an agreed duty, across the board, to ensure that there is no hardening of the border or, indeed, no return to the borders of the past. I do not want to see a manifestation along our roads network that would indicate such a worrying development or trend, if indeed that is the case.

Charles Flanagan (Laois, Fine Gael)
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I thank Senator Ó Donnghaile for raising this issue which is of some importance. It is important, in the first instance, to recognise that the purpose of any operation by the Garda or the Garda National Immigration Bureau, GNIB, at the Border is to detect any immigration abuses by non-EEA nationals who may wish to attempt to use the common travel area in order to gain illegal access to the State. It is not focused on and nor does it impact upon Irish or UK nationals or EU nationals who, as the Senator will be aware, enjoy free movement under the common travel area and under the EU free movement directive. The Senator will be fully aware of that, having regard to the fact that he said he does not carry ID with him and that he does not carry his passport.

The number of specific operations held each year, to which the Senator refers, is an operational matter for An Garda Síochána and it obviously consults, on a very regular basis, with the UK Border authorities. Obviously a decision to engage in the type of operation referred to by the Senator is based on that consultation. These decisions take into account matters such as emerging patterns of travel and emerging patterns of immigration abuses within the common travel area. Again, the Senator will be aware of the importance of maintaining the common travel area in the context of our discussions, as part of the EU 27, with the UK on the matter of Brexit and the withdrawal of the UK, including Northern Ireland, from the European Union.

An initiative, entitled Operation Gull, between the GNIB on this side of the Border and the UK Immigration Service has been ongoing for a number of years. The sole purpose of Operation Gull is to address the issue of immigration abuses within the common travel area. That has resulted in checks being conducted at ports and airports in both jurisdictions, including but not limited to, those along the Border between Ireland and Northern Ireland. Over the past number of years, these operations have been conducted in Ireland under Operation Sonnet, which is specifically aimed at targeting, detecting and preventing illegal immigration into this State via the common travel arrangements. These targeted operations are in addition to the day-to-day immigration controls in place in order to maintain the integrity of the common travel area.

Detailed data on the number of operations pre and post the date of the UK referendum are not ready available. However, I have listened to the point raised by the Senator and acknowledge his anecdotal evidence. Indeed, I acknowledge his first-hand experience and knowledge in this area, having regard to his attendance here and membership of the Oireachtas. Under Operation Sonnet there were 91 detections in 2015, some 27 detections in 2016 and a provisional figure of 22 detections in 2017 that I will confirm as soon as I can. These detections came about as a result of a number of specific days of action. There were four days of action in 2015, two days of action in 2016 and two days of action in 2017. In addition to these days of action, members of An Garda Síochána continually carry out routine checkpoints along the Border in an effort to help detect persons attempting to enter this State illegally. As a result of such detections, some 774 people were refused leave to land along the land Border with Northern Ireland during this period. The breakdown is as follows: 275 persons in 2015; some 282 persons in 2016; and 217 persons in 2017. Out of the total, 20 people claimed asylum and the remaining 754 were removed from the State, in accordance with the law.

I am sure the Senator agrees that the continuation, preservation and maintenance of the common travel area is one of the main objectives of the Government in the context of the Brexit negotiations. These key benefits are really important to our people. The free movement of people and the wider economic benefits means that we must ensure that the common travel area is not abused by persons who are not legally entitled to such freedom of movement. This will require appropriate checks to be made on the land border to maintain the integrity of the common travel arrangements. Such checks will not, and such patrols do not, impact on the freedom of movement of the many millions of Irish and UK nationals who use the common travel area each year, and particularly the 35,000 people, like the Senator, who cross the Border on a daily basis.

Niall Ó Donnghaile (Sinn Fein)
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I thank the Minister for providing me with some of the information. The statistics he outlined this morning are worthy of reflection. I am disappointed that the detailed data on the number of operations or where vehicles are stopped and checked is not readily available. I understand that it was too short a time for officials to prepare the figures. Therefore, I will ask one of my colleagues to table a parliamentary question requesting the details.

I agree with the Minister that the Garda must maintain its obligations in terms of the common travel area. I also agree with him that we must do all we can to ensure that the integrity of the common travel area is protected. I am keen to know, whether it is from a political direction or, perhaps, an internal policing misunderstanding around their expectations in the first instance, if there has been a steady incline in the amount of checks, which I have noticed. I do not think that there is necessarily a need for that beyond what the Minister has rightly outlined has been implemented pre-Brexit thus far, which has been reasonably successful in identifying people who enter the State illegally.

Again, I thank the Minister for his response. I am sure this is a matter that he will, like myself, keep a watching brief on and interest in. We are very much in concert and agreement that the common travel area, in any future arrangement, must be protected.

Charles Flanagan (Laois, Fine Gael)
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I welcome the Senator's comments. I am happy to keep the House fully informed and will do so, and as far as my responsibilities to the other House are concerned by way of replies to parliamentary questions, in order to provide an appropriate level of information to Members. Again, I am sure everybody will agree that the maintenance and preservation of the integrity of the common travel area continues to be a priority for us here. It has always been a priority for our immigration services. While Brexit has perhaps focused wider attention on the operation of the common travel area, the operational protection of the common travel area has not changed because of the result of the referendum in the United Kingdom.I was pleased only last week to have the opportunity of meeting for the first time the recently appointed Lord Chancellor and Home Secretary, Mr. David Gove, in the United Kingdom. Among the matters we discussed was that of the common travel area and the need to ensure, as the negotiations enter a critical phase, that both the UK and the EU 27 including Ireland continue to prioritise the need to ensure that the unique relationship on the island of Ireland and between the two islands of Ireland and Great Britain continues to operate as was. One of the fundamental pillars of that unique relationship is the common travel area and I welcome the support of all Seanadóirí on that. The continuation of the common travel arrangements, including their physical manifestation which is the open land border between Ireland and Northern Ireland, remains a key objective and a fundamental pillar of the negotiations.

The objectives of our Government and this State are to operate a fair and balanced immigration protection regime. This means that the common travel arrangements and area are not subject or open to any abuse that might ultimately impact adversely upon on undermine their operation. That means there will be appropriate checks, including on the land border. I believe it is important therefore that any appropriate checks that take place from time to time be proportionate and that they be along the lines of ensuring that our immigration protection regime is both fair and balanced. I acknowledge the close working relations between Ireland and the UK on immigration matters.

There are some specific issues in the context of the Brexit negotiations pertaining to home affairs and immigration of which we need to be mindful. I would be happy to keep the House and the Senator informed of developments as they occur. It is important that we continue to ensure that the close working relationship continues. I am confident these efforts will continue in the run-up to the actual withdrawal of the UK from the European Union through the transition period and also beyond it.