Michael D Higgins (Galway West, Labour)
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Question 103: To ask the Minister for Justice, Equality and Law Reform the steps which are taken by this country to meet the commitment contained in the readmission agreement between Ireland and Nigeria regarding deportations to safeguard the human rights and dignity of those returned; and if he will make a statement on the matter. [10768/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The agreement between the Government of Ireland and the Government of the Federal Republic of Nigeria on immigration matters, which was signed at Abuja on 29 August 2001 provides, inter alia, for a mechanism for the repatriation of persons between the two states. Article 20 of the agreement provides that nationals of the contracting states shall not be subject to inhuman or degrading treatment in relation to repatriations carried out under the agreement. The agreement also provides guarantees in relation to access by embassy officials of the receiving state to the intended deportees in order, inter alia, to verify the identity of the persons concerned.

While procedures to give effect to the agreement have been completed in Ireland the process of ratification is still ongoing on the Nigerian side. Nonetheless, the Nigerian authorities are operating the spirit of the agreement. I am satisfied that all deportation operations to Nigeria fully respect the human rights of the persons involved and that the agreement is being honoured in every way.

It should be further noted that the making of a deportation order is subject to section 5 of the Refugee Act 1996, which absolutely forbids the sending of a person "in any manner whatsoever" to a place where the life or freedom of the person would be threatened on account of that person's race, religion, nationality, membership of a particular social group or political opinion. This overarching principle is the bedrock of Ireland's repatriation framework and exists independently of the provisions of any repatriation agreement to which the State becomes a party.