Richard Bruton (Dublin North Central, Fine Gael)
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Question 161: To ask the Minister for Justice, Equality and Law Reform the powers of the Garda Síochána and others to check for papers of persons who are non-nationals here; the protocols which apply in terms of random stopping of persons; and if care is taken to ensure that these procedures are not intrusive in respect of people who have full entitlement to be here. [3667/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 12 of the Immigration Act 2004 provides for a member of the Garda Síochána and other persons who are immigration officers, to require a non-national to produce, on demand, at any time, a valid passport or equivalent document, with a view to establishing his or her identity. This will most frequently occur when non-nationals are landing in the State, and when such persons are fulfilling their obligations to register as non-nationals, in compliance with section 9 of the Immigration Act 2004.

In any circumstances where such a requirement is made of a non-national, he or she fulfils his or her obligation by producing a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government which establishes his or her identity and nationality.

A request made by a member of the Garda Síochána to a non-national to produce such documentation must be made in a manner that complies with the relevant provisions of the Immigration Act 2004.