Jim O'Keeffe (Cork South West, Fine Gael)
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Question 224: To ask the Minister for Justice, Equality and Law Reform the number of families with children born in the State comprised of both parents who are non-EU nationals, who have been deported from the State; and if he will make a statement on the matter. [28506/04]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 225: To ask the Minister for Justice, Equality and Law Reform the criteria which he applies in determining whether to deport the non-national parents of an Irish born child from the State; and if he will make a statement on the matter. [28510/04]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 226: To ask the Minister for Justice, Equality and Law Reform if guidelines, procedures or rules exist for use in assessing the right of non-national parents of an Irish born child to remain in the State or for use in considering whether they should be deported; and if he will make a statement on the matter. [28511/04]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 227: To ask the Minister for Justice, Equality and Law Reform the details of guidelines, procedures or rules which exist for use in assessing the right of non-national parents of an Irish born child to remain in the State or for use in considering whether they should be deported; and if he will make a statement on the matter. [28512/04]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 239: To ask the Minister for Justice, Equality and Law Reform the number of children born in the State whose parents are both non-EU nationals, who have left the State accompanied by parents who were being deported from the State; and if he will make a statement on the matter. [28507/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 224 to 227, inclusive, and 239 together.

The figures in the following table show the number of non-national parents of Irish born children deported since the Supreme Court decision in the L&O case in January 2003. The figures do not distinguish whether one or both parents were non-EU nationals, as such separate statistics are not maintained.

Statistics are only maintained by my Department in respect of deportation orders made and effected in respect of non-nationals. As Irish born children are not themselves subject to deportation orders, statistics are not available in respect of the numbers of such children who accompanied their non-national parents when they were being deported, or the number of such children left behind in the State following the deportation of their parents. As I have stated previously, it is a matter for parents of a child who is not liable to be deported to make a decision in relation to the welfare of that child if they themselves are deported. Ordinarily, parents have a duty as well as a right to provide properly for their children's upbringing and this duty is recognised by the Constitution. If parents acting in good faith leave their children in the care and custody of another appropriate person, the State will not interfere with those arrangements so long as the decision does not amount to a failure in the duty towards their child which would justify State intervention.

In respect of every person, including a parent of Irish born children, who has no legal entitlement to remain in the State, a notice issues pursuant to section 3(3) of the Immigration Act 1999, as amended, informing him or her of the Minister's intention to deport. The person is allowed fifteen working days in which to choose one of the following options: to make representations to the Minister setting out the reasons why he or she should not be deported; to leave the State before an order is made; or to consent to the making of a deportation order.

If a person chooses to return voluntarily, assistance will be provided if necessary. If a person chooses to make representations as to why he or she should not be deported a range of eleven factors must be taken into account in deciding the matter. The specific legislative provisions are set out under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act, 1996, prohibition of refoulement. Further, consideration is given to the specific findings in the Supreme Court L&O judgment of January 2003 and to subsequent judgments. Included in this consideration are the family and domestic circumstances of the person concerned which would encompass the age and length of residence in the state of the Irish born child.

The judgment in the L&O case is complex but an important finding was that while an Irish born child has a right to have the care and company of its parents, there is no absolute right for this to take place in Ireland; further, that the Government may determine to deport a family, notwithstanding the effective removal of the Irish born child, without violating the child's rights. The absence of such automatic rights of residence are a feature of most immigration regimes even those with jus soli rule of citizenship such as the USA.