Richard Bruton (Dublin North Central, Fine Gael)
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Question 470: To ask the Minister for Justice, Equality and Law Reform the number of non-nationals currently serving sentences in prisons here; the number who have been released in the past three years; the number of such persons who, on their release, no longer held residency rights here; and if action was taken to ensure they left in each case. [16537/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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There are currently 226 non-Irish national prisoners serving sentences for a range of offences coming from 44 different countries. This figure includes 109 non-EU nationals.

There is no provision in Irish law for the automatic deportation of a non-national who has committed a criminal offence. It has long been the practice of Ministers for Justice, Equality and Law Reform to give consideration to deportation in particular cases where a non-national has been convicted of a serious offence. Until recent times such cases were relatively isolated and the volume was small. However due to the significant increase in non-nationals in recent years, I have introduced a more systematic approach whereby the case of every non EU national imprisoned is brought up for consideration. There is an ongoing information exchange involving my Department, the Garda National Immigration Bureau (GNIB) and the Irish Prison Service. My Department and the GNIB are made aware of the release dates of convicted non-national prisoners falling due for release in the following twelve month period. Details of the offences involved are also included, as are the nationalities of the prisoners in question.

Any person to be deported must first be served with a written notice of intention to deport, as provided for under Section 3 of the Immigration Act, 1999 (as amended) which advises each individual of the options open to them at that point in time, namely (a) to consent to deportation, (b) to agree to return voluntarily to their country of origin or (c) to submit, within 15 working days, written representations to the Minister setting out reasons why they should not be deported. Where option (c) is availed of, any written representations submitted by or on behalf of the person in question is considered before a final decision is taken as to whether that person should be the subject of a Deportation Order. Each case is considered on its individual merits having regard to the gravity of the offence committed as well as other factors.

Statistics on this matter are not readily available in the form sought by the Deputy. I can say for the year 2005 to April 2006 that 7 non-EU National persons convicted of offences, and who served a prison sentence for same, have been issued with Deportation Orders. However it is not always possible to have the deportation procedures arranged so that a person who has finished his prison term is deported immediately. Of the 7 referred to above, 4 have been deported at this time. A further 4 persons have applied to return voluntarily to their countries of origin.

As the Deputy is aware the provisions relating to the removal of non-nationals from the State are currently being considered in the preparation of the forthcoming Immigration and Residence Bill.