Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Question 114: To ask the Minister for Justice, Equality and Law Reform the number of persons committed to prisons during 2004 for alleged breaches of immigration laws without having been charged with a specific offence; if his attention has been drawn to concerns expressed by the Irish Refugee Council that in some cases such persons were being held for weeks or months; and if he will make a statement on the matter. [10765/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

It is not clear if the Deputy is referring to a specific area of immigration law. There is a wide range of offences created within the overall legislative framework dealing with immigration and asylum. Data on the number of persons in detention for breaches of those laws are not maintained in a manner to enable me provide the information sought by the Deputy.

I am aware that particular concerns have been expressed by the Irish Refugee Council and other organisations about the detention of persons under section 9(8) of the Refugee Act 1996, as amended. That Act sets out very specific safeguards in relation to the use of that provision. For example, detentions under section 9(8) are made by judicial authority and are subject to regular review for periods not exceeding 21 days and are made for specific reasons as set out in the said statute.

It should also be pointed out that persons in detention, for whatever reason, have remedies open to them to challenge their detention including, in particular, an application for an inquiry by the High Court in accordance with Article 40.4.2 of the Constitution.

This State, like every other sovereign state, has immigration laws to ensure that there is some degree of control over who enters our country and for what purposes. Our courts have reviewed various aspects of immigration laws over the years, including the power to detain persons for breaches of those laws, and it is beyond doubt that this State is entitled to and is obliged to take responsibility for the control of immigration. In certain circumstances that will involve detaining a person.

The European Convention on Human Rights Act 2003 requires every organ of the State to perform its functions in a manner compatible with the State's obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms. That convention protects the liberty of every person but acknowledges that there may be a lawful arrest and detention of a person in accordance with a procedure prescribed by law to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.