Joan Burton (Dublin West, Labour)
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Question 27: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to private airports here; the private airports that have port of entry status; his proposals to grant port of entry status to private airports without such status; and if he will make a statement on the matter. [10233/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my previous answer to Questions Nos. 193 and 194 of 6th March, 2007. The position as set out in that answer has not changed.

Section 6 of the Immigration Act 2004 provides, inter alia, that a non-national (other than a seaman) coming by sea or air from outside the State shall not, without the consent of the Minister for Justice Equality and Law Reform, land elsewhere than at an approved port. A non-national who lands in the State in contravention of this provision shall be deemed to be refused permission and shall be guilty of an offence.

The most recent list of approved ports is set out in the Immigration Act 2004 (Approved Ports) Regulations 2004. These are as follows.

As I set out in my answer to the Deputy's previous Questions there is no distinction in Immigration legislation between privately and publicly owned ports nor between airports and seaports. Apart from the general application of the criminal law and its enforcement by an Garda Siochána and such general legal provisions applicable to an airport in the same way as to any other location, my role as regards the operation of such ports is in relation to immigration matters only. I have no function as regards the general operation of an airport, including its licensing or the approval of traffic volumes or air safety. Such matters are appropriate to the Department of Transport and the Irish Aviation Authority. There is also a central role for local authorities in respect of planning.

Applications for approved port status in respect of private or publicly owned airports are considered in the context of overall Government policy in the airport sector and generally will fall to be considered once these policy aspects in regard to any particular area have been determined.