Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 268: To ask the Minister for Justice, Equality and Law Reform the countries which are designated by ministerial order as safe countries for the return of refugees and the parts of the countries which are designated by ministerial order as safe parts of countries; the way these designations are made; the frequency with which they are reviewed; if the Democratic Republic of Congo or parts of that county have ever been designated as safe; and if he will make a statement on the matter. [43428/08]

Dermot Ahern (Louth, Fianna Fail)
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The Refugee Act 1996 is the principal legal instrument in Irish law dealing with refugee matters.

The Act provides for the designation of a country as a safe country of origin. There is no provision providing for the designation of a country as a safe country for the return of refugees as referred to in the question.

Section 12(4) of the Act provides for the procedure for the designation of a country as a safe country of origin. The Minister for Justice, Equality and Law Reform may, after consultation with the Minister for Foreign Affairs, by order designate a country as a safe country of origin. In deciding whether to make such an order the Minister for Justice, Equality and Law Reform shall have regard for the following matters:

(i) whether the country is a party to and generally complies with obligations under the Convention Against Torture; the International Covenant on Civil and Political Rights, and, where appropriate, the European Convention on Human Rights;

(ii) whether the country has a democratic political system and an independent judiciary;

(iii) whether the country is governed by the rule of law.

Section 12(4) does not make provision for a review of a designation. However, the Minister may by order amend or revoke a designation order.

Apart from some countries which were designated as safe countries of origin prior to their accession as Member States of the European Union, there are currently 2 other countries which are designated as safe countries of origin by order under Section 12(4). These countries are Croatia and the Republic of South Africa.

Neither the Democratic Republic of Congo, nor any part of that country, has ever been the subject of an order under Section 12(4). I have no proposal at present to make such an order in respect of that country.