Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 164: To ask the Minister for Justice, Equality and Law Reform the written protocol or guidelines that officers of the Garda National Immigration Bureau operate from when discharging their duties at ports of entry and when registering foreign nationals. [33056/08]

Dermot Ahern (Louth, Fianna Fail)
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In fulfilling immigration related duties members of An Garda Síochána enforce the current body of Immigration legislation, which is contained in a number of pieces of legislation, both primary and secondary, including:

Aliens Act, 1935,

Aliens Order 1946 (substantially amended by subsequent orders),

Immigration Act, 1999,

Illegal Immigrants (Trafficking) Act, 2000,

Immigration Act, 2003,

Immigration Act, 2004.

Section 3 of Immigration Act 2004, provides that the Minister for Justice, Equality & Law Reform may appoint persons as Immigration Officers to perform the functions conferred on them by the Act. All immigration officers at points of entry are members of An Garda Síochána. Section 4 of Immigration Act, 2004 provides that an Immigration Officer may on behalf of the said Minister, give to a non-national a document, or place on his or her passport or other equivalent document an inscription, authorizing the non-national to land or be in the State (referred to in the Act of 2004 as "a permission"). A permission under section 4 of the Act of 2004 may be renewed or varied by the said Minister, or by an Immigration Officer on his or her behalf, on application therefor by a non-national concerned.

Section 9 of The Immigration Act, 2004 requires that a register of non-nationals who have permission to be in the State shall be established and maintained by Registration Officers in such manner as the Minister may direct. The section places an obligation on non-nationals to register in the registration district within which he/she resides. A Registration Officer means the officer in charge of the Garda National Immigration Bureau in the Dublin Metropolitan Area or the Superintendent of the Garda Síochána in a Garda Síochána District outside that Area.

Members of the Garda Síochána are also subject to the Garda Síochána Code, which provides standard operating processes and procedures for members of the Garda Síochána, members of its civilian support staff and student Gardaí.