Trevor Sargent (Dublin North, Green Party)
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Question 40: To ask the Minister for Justice, Equality and Law Reform the steps taken by the 26 Garda officers and four Garda sergeants who accompanied the 13 Chinese deportees on 21 February 2006 to ensure their fair treatment by Chinese authorities on arrival in Beijing; if he is satisfied that these people will not be subjected to cruel or unfair treatment in the aftermath of their deportation; and if he will make a statement on the matter. [9792/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The deportation operation referred to by the Deputy involved the return of 13 Chinese nationals to their country of origin by charter flight on 21-22 February 2006. This charter flight arrangement was made principally because some of the persons being returned had, by their disruptive behaviour, frustrated previous attempts to have them removed from the State.

In regard to the escort levels provided for this charter, I am aware that the details provided in the question arise from a newspaper article published on the day of the charter. I should further state that, as has been the practice in regard to previous Dáil questions on charters, I do not intend to comment on, or confirm, the level of Garda escorts provided for this operation. The Garda National Immigration Bureau is responsible for effecting removals from the State, including the escorting of deportees while on flights. The Garda Commissioner has advised me that all persons being deported are individually risk assessed by the Garda. This prior assessment determines the level of escort, if any, required.

An advance party from the Garda National Immigration Bureau travelled to Beijing in advance to make the necessary arrangements with the Chinese authorities. This advance party stayed on for a couple of days after the returnees had arrived in Beijing to ensure that they were assisted in their transit through Beijing Airport. In this connection, modest financial assistance was provided to each returnee on arrival in Beijing to assist them with their onward transport to their individual places of origin within China.

I should emphasise that the primary function of Garda escorts, whether on charter or commercial aircraft, is not to prevent cruel or unfair treatment being meted out to returnees upon their arrival in their country of origin. That function is inherent in the determination processes leading to the issue of a deportation order. Before a deportation decision is made in any individual case, the Minister for Justice, Equality and Law Reform must have regard to the 11 factors contained in section 3(6) of the Immigration Act 1999, as amended, and the provisions of section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement.

This means that the safety of returning a person to their country of origin, or refoulement, as it is commonly referred to, is fully considered in every case when deciding whether to make a deportation order. This means in practice that a person shall not be expelled from the State or returned in any manner whatsoever to a state where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. The legislation requires that this consideration is given before the deportation decision is made. In arriving at such decisions, my Department uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to third countries.

I am satisfied that all national and international protection obligations were observed in the context of this recent deportation operation to China.