Pat Rabbitte (Dublin South West, Labour)
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Question 195: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the rules that will apply in 2007 in relation to Romanian and Bulgarian nationals seeking to travel here for purposes other than work, including family visitation; if special rules will apply to nationals of those countries seeking to travel here for non-work purposes but who have previously been deported or removed from the State for working here without a permit; if any or all such deportation or removal orders will remain in effect after those countries join the EU; if he has discretion in dealing with individual cases of persons previously deported; if so, the considerations that will affect his discretion; and if he will make a statement on the matter. [36463/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As and from 1 January, 2007 the main immigration law which will apply to Romanian and Bulgarian nationals is the European Communities (Free Movement of Persons) Regulations 2006 (S.I. No 226 of 2006). Those Regulations, which I signed on 28 April 2006, transposed into Irish law the European Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Visa requirements will no longer apply to those nationals and they will be able to enter the State on production of their passport and/or national identity card and they may reside here for up to three months. Thereafter, they must be: in lawful employment; self-employed; enrolled on a course of study or vocational training and have private medical insurance; or, self-sufficient and have private medical insurance.

As the Deputy is well aware, in respect of Romanian and Bulgarian nationals the purpose of their short-term visit is not of importance as they will be citizens of the European Union. They will have the same rights as other EU citizens apart from one restriction whereby Romanian and Bulgarian nationals may not enter employment in the State except in accordance with an Employment Permit, or where they are otherwise exempt. Apart from that, there will be no special rules applicable to Romanian and Bulgarian nationals arising from those countries' accession to the EU.

Nationals of Romania and Bulgaria who have been the subject of Deportation Orders cannot expect to be automatically allowed to reside in or re-enter the State following the accession of their countries of origin to the European Union. Freedom of movement for European citizens is not an absolute right. It is subject to limitations justified on grounds of public policy, public security and public health. Where a deportation order has been made against an individual from either of the two countries it is open to the person concerned to apply for revocation of that order if they wish to ensure that there will not be a bar to free movement. I will consider any such applications under the power conferred on me by section 3(11) of the Immigration Act 1999. I would be open to the revocation of deportation orders which were made in respect of Romanian and Bulgarian citizens solely on the grounds that they were failed asylum seekers or general illegal immigrants where issues of security or criminal behaviour did not arise in the particular cases as a reason for their deportation.

Under the Free Movement Regulations, I have the power to make an Expulsion Order or Removal Order in respect of any EU citizen who might seek to enter this State, or who resides here, on limited grounds set out in the Regulations.