Eamon Gilmore (Dún Laoghaire, Labour)
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Question 95: To ask the Minister for Justice, Equality and Law Reform his views on his reported statement that the immigration system could not be run on arbitrary sentimentality; his policy in ensuring that the immigration policy, especially in regard to deportation, is informed by a humane and compassionate approach; and if he will make a statement on the matter. [10766/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Under the law as set out in section 3(6) of the Immigration Act 1999, I am obliged to take humanitarian considerations into account in determining whether or not a deportation order should be made. The question of disregarding such considerations, therefore, does not arise.

I am also obliged to take into account a range of other factors, including the common good. As the Supreme Court has stated the common good may have a bearing on an individual case even though there is nothing known or relied on which reflects badly on the individual concerned. Specifically, the Minister is entitled to have regard to the State's general policy in relation to immigrants and asylum seekers; the jurisprudence on the same subject as it evolves; the volume of persons seeking asylum and the social and economic demands which this imposes; changing patterns in this volume; the matters he is required by statute to consider; the constitutional rights of all persons concerned; and the requirement of a coherent and efficient immigration and asylum system and to our international obligations.

Thus, while humanitarian considerations, which arise in almost all cases, must be taken into account, they are not the only considerations.