Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Question 312: To ask the Minister for Justice, Equality and Law Reform if the general principles and detailed rules permitting restrictions on the right of entry and right of residence of EU citizens on the grounds of public policy, public security or public health, permit him to refuse such a citizen entry into the State having regard to their criminal record or if they permit of any other form of prior scrutiny of the record of the entrant; if he will continue the administrative arrangements that apply; and if he will make a statement on the matter. [30073/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The European Directive (2004/38/EC) on the free movement of EU citizens and their family members is transposed into Irish law through the European Communities (Free Movement of Persons) (No. 2) Regulations 2006. The Regulations provide that an EU citizen who is in possession of his or her valid national identity card or passport may not be refused permission to enter Ireland unless he or she is suffering from one of the specified diseases or his or her personal conduct has been such that it would be contrary to public policy or would endanger public security to grant him or her permission to enter the State. Restrictions on the right of residence of EU citizens may be imposed on similar grounds.

The Directive provides that measures taken on grounds of public policy or public security must comply with the principle of proportionality and must be based exclusively on the personal conduct of the person concerned. The Directive states that previous criminal convictions shall not in themselves constitute grounds for taking such measures. However, a previous criminal record would, where known by the immigration authorities, be a relevant factor in determining whether to permit a person to enter the State as the person concerned could constitute a genuine threat to public policy or public security.