Richard Bruton (Dublin North Central, Fine Gael)
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Question 223: To ask the Minister for Justice, Equality and Law Reform the legal status in relation to the recent occupation of public wastelands by prospective EU member citizens who do not have employment rights; the way the gardaí and other agencies should handle such cases; and the policies that were adopted to deal with this and other cases. [24607/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I assume the Deputy is referring to the group of Romanian nationals who were living recently in a makeshift encampment near the M50 Ballymun Roundabout. The persons concerned were all EU citizens. Like all EU citizens their rights to move to and reside in Ireland are set out in the European Communities (Free Movement of Persons) (No.2) Regulations 2006 which transpose the relevant Directive.

The Regulations state that EU citizens may reside in Ireland for up to 3 months without conditions. The persons may reside in the Member State for longer than 3 months if he/she:— (i) is in employment or is self-employed in the State, (ii) has sufficient resources to support himself or herself, his or her spouse and any accompanying dependants, and has comprehensive sickness insurance in respect of himself or herself, his or her spouse and any accompanying dependants, (iii) is enrolled in an educational establishment in the State for the principal purpose of following a course of study there, including a vocational training course, and has comprehensive sickness insurance in respect of himself or herself, his or her spouse and any accompanying dependants, or (iv) is a family member accompanying or joining a Union citizen who satisfies one or more of the conditions referred to in clause (i), (ii), or (iii) above.

In the case of Romanian and Bulgarian nationals, they have the right to work in the State on condition that they obtain the necessary employment permits unless they are otherwise exempt from employment permit requirements. The above Regulations provide for a removal process in respect of EU citizens on a number of grounds including where "in the opinion of the Minister, the conduct or activity of the person is such that it would be contrary to public policy or it would endanger public security or public health to permit the person to remain in the State". (Regulation 20(1)(a)(iv)).

The situation in relation to the illegal encampment obviously gave rise to serious concerns on the grounds of public policy impinging on a number of state agencies and the Garda National Immigration Bureau. Various discussions took place between the parties. Having considered the matter in line with the Regulations I concluded that the conduct of the persons involved presented a genuine, present and sufficiently serious threat to the safety and well-being of themselves, their children and members of the public. An offer of free flights to their homeland was made to the group. This offer was refused.

My Department then initiated a removal process pursuant to Regulation 20 of the above Regulations. Following the service of proposal to remove letters by members of the Garda National Immigration Bureau, all of the Romanian families involved decided to voluntarily repatriate to Romania.

I believe that this difficult matter was dealt with very effectively by the GNIB and that the experience of this case will be of benefit in the event of other similar cases arising in the future. It is important of course that each case is considered on its merits and in line with the Regulations. It must be borne in mind finally that this case involved a substantial abuse of the rights of free movement afforded to EU citizens and that such abuses are not acceptable.