Finian McGrath (Dublin North Central, Independent)
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Question 607: To ask the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [1011/09]

Dermot Ahern (Louth, Fianna Fail)
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Immigration legislation does not provide for immigration controls on persons travelling by air within the State and any change to such legislation is a matter for Government. Arrangements for disembarking passengers at the State's airports currently do not allow for the separation of passengers from flights within the State and those arriving on flights originating outside the State. Consequently, all arriving passengers must pass through Immigration Controls to ensure that those persons who, by law, require the permission of an immigration officer to enter the State are subject to the proper controls.

Any change to these arrangements is a matter for the relevant authorities who would have to be satisfied that airport security and the integrity of the immigration process would not be compromised. With regard to immigration procedures generally at Dublin airport and indeed at the other international airports in the State, the position is that under the provisions of Section 11(1) of the Immigration Act, 2004 every person (other than a person under the age of 16 years) landing in the State shall be in possession of a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality to the satisfaction of an immigration officer.

Section 11(2) states every person landing in or embarking from the State shall furnish to an immigration officer such information in such manner as the immigration officer may reasonably require for the purposes of the performance of his or her functions. These sections are qualified by Section 11(4), which states that this section does not apply to any person (other than a non-national) coming from or embarking for a place in the State, Great Britain or Northern Ireland. Section 11 creates two categories of traveller; non-nationals who are obliged to carry documents and assist immigration officers in the performance of their duties and those who are not so obliged (Irish and UK citizens). This clearly creates an onus on an immigration officer to satisfy himself or herself into which category a traveller falls so that he/she can apply the provisions of the Act appropriately.