Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 810: To ask the Minister for Justice, Equality and Law Reform the procedures in place to enable him to issue deportation orders in respect of non-Irish European Union sentenced prisoners; and the details of such deportation orders made and executed in respect of such sentenced prisoners released from custody having served a prison sentence between 1 January 2001 to date in 2008. [23025/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

In accordance with Directive 2004/38/EC every European citizen has the right to move and reside freely within the territory of the Member States. Regulation 20(1)(a) of the European Communities (Free Movement of Persons (No.2) Regulations 2006, which gives effect in Irish law to the Directive, provides for a Removal Order to be made in respect of an EU citizen in certain circumstances. However, a Removal Order in respect of such persons cannot be made solely on the basis that the person has served a custodial sentence. Where a person is to be made the subject of a Removal Order, the Regulations provide that an exclusion period may also be placed on them whereby they cannot re-enter or seek to re-enter the State during the validity of that period.

Since the European Communities (Free Movement of Persons (No. 2) Regulations 2006 came into operation on 1st January, 2007, five EU citizens who have served custodial sentences and whose conduct has been such that it would be contrary to public policy to allow them to remain in the State, have been removed from the State on foot of Removal Orders made under these Regulations. In each case an exclusion period ranging from three to five years has also been placed on the person concerned.