Joe Costello (Dublin Central, Labour)
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Question 1155: To ask the Minister for Justice, Equality and Law Reform if he has proposals to fingerprint all non-EU nationals as reported in the media; if so what he proposes to do with the fingerprints in Ireland and in the EU; the way he proposes to secure the database of fingerprints; and if he will make a statement on the matter. [1210/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The legislative basis for the taking of fingerprints in respect of foreign nationals who enter the State is provided for as far back as the Aliens Order of 1946. This Order imposed, subject to a small number of exceptions, a registration requirement on foreign nationals which included a requirement to provide fingerprints when so required by a registration officer. The limited number of exceptions to the registration requirement includes those aged under 16 years and those whose visit was for a period of not more than three months. Since that time the registration process, including the fingerprint requirement, has been preserved, in respect of non-EEA nationals, in subsequent legislation, most recently in the Immigration Act 2004. However, the requirement to provide fingerprints under this provision has rarely, if ever, been used. Fingerprints are not taken on a routine basis during registration.

For asylum processing and identification purposes, section 9A of the Refugee Act 1996, as inserted by the Immigration Act 2003, provides powers for authorised officers and immigration officers to take the fingerprints of an asylum applicant. In practice, fingerprints are taken from all applicants for asylum. Where an asylum applicant refuses to provide fingerprints he or she will be deemed not to have made reasonable efforts to establish his or her true identity and will be deemed to have failed in his or her duty to cooperate. In addition, Ireland is a participant in the Eurodac system. This system, established under Council Regulation 2725/2000, requires Member States to take the full fingerprints of every applicant for asylum over 14 years of age. This is done in order to facilitate the application of the Dublin II Regulations, which makes it possible to determine the Member State responsible for examining an asylum application.

The use of biometric information (including fingerprints) for immigration purposes has been the subject of ongoing review having regard to available technology, efforts to combat identity fraud and our international obligations. As the Deputy will be aware, my Department published its 'Outline policy proposals for an Immigration and Residence Bill — A Discussion Document' in April 2005. A common thread throughout that document was the need to make greater use of technology, in particular, biometric identifiers, for the purposes of enhancing security in relation to border control processes. It also highlighted the role of biometric identifiers in ensuring the security and integrity of documentation such as visas and residence permits and also for registration purposes. In addition, the Discussion Document pointed to the need to introduce registration for those under 16 years of age so as to deal more effectively with the increasing movement of minors and to provide further protections against the crime of human trafficking. In providing for the registration of children the necessity to take their fingerprints may be required.

The proposals in this Document are reflected in the Immigration, Residence and Protection Bill, which was published yesterday. The Bill incorporates the taking of biometric information into many of the immigration processes set out in the Bill including border controls, registration, issuance of permits etc.

As the Deputy will be aware, the commissioning of the first phase of the new national Automatic Fingerprint Identification System (AFIS) began on 22 October 2007. When it is fully rolled out, this system will give the Garda National Immigration Bureau the capacity and equipment necessary to electronically capture and store the fingerprints of all non-EEA nationals upon registration. The new system will complement the existing electronic registration card system which has been designed with this in mind. It will also provide the Garda National Immigration Bureau with facilities to capture prints at air and sea ports and mobile fingerprinting capture and search capability. The AFIS system will also be integrated with the Garda Information Systems and will provide full interoperability between PULSE, the National Immigration Bureau and the Garda Technical Bureau which will lead to further efficiencies in the processing of fingerprint data by linking it to the other electronic records in An Garda Síochána. These developments will be completed during 2008.

Fingerprints are stored on the AFIS database which is housed in a secure location in a Garda facility. Access to the AFIS database itself is controlled by use of passwords and access controls and a full audit trail is kept of all transactions associated with the AFIS system. All passwords are managed and controlled and comply with international and industrial standards.