Pat Carey (Dublin North West, Fianna Fail)
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Question 116: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on restoring, on humanitarian grounds, the visa waiver scheme which facilitated immediate clearance at Shannon Airport of children from Chernobyl coming to Ireland on short holidays; and if he will make a statement on the matter. [14224/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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A number of years ago my Department introduced a scheme whereby the requirement to hold a valid visa prior to entering the State was waived for certain persons travelling from Belarus with the Chernobyl Children's Organisation for the purposes of visiting Ireland for a period of rest and/or recuperation. The groups involved were, at the time, limited in number and were well known to my Department. The number of groups seeking such visa exemptions has increased significantly and there are now between 35 and 40 groups. This practice worked well in the past but we found it necessary to re-evaluate the system for a number of reasons: The introduction of the Children's Act 2001 has placed extra obligations on all parties involved in the establishment of private foster care arrangements. Some, but not necessarily all, of the arrangements entered into between host families, the Chernobyl groups and the parents of the children involved, fall into the category "private foster care arrangements" as defined by the Department of Health and Children. Indeed officials of my Department met with officials of the Department of Health and Children on this matter to ensure consistency and agreement on the revised practices; The introduction of Carrier's Liability under Section 2.1 of the Immigration Act 2003 means that visa waiver letters are no longer an acceptable alternative to visa endorsements on passports; There are, unfortunately, indications that in certain cases children have not returned to Belarus on the agreed date. While my Department may not be directly responsible for the welfare of these children as such, we have an obligation to put into place a system that guarantees, in as much as it is possible, their safety. Were we to continue the practice of issuing visa waiver letters we could be in breach of the relevant legislation.

My Visa Office in the Irish Embassy in Moscow prioritises such applications. Ultimately our aim is to ensure the safety and welfare of the children who arrive into the care of this State and we are satisfied that the "one person, one visa" system for all is the best way forward in this regard. I would emphasise that the safety of the children concerned is the primary reason for the introduction of these revised practices. While I have no plans at this time to change current practices I am satisfied the Immigration Officials in Shannon will continue to facilitate such groups and make their arrival in this State as easy and simple as possible while insuring that immigration legislation is fully complied with.