Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 142: To ask the Minister for Justice, Equality and Law Reform his views, in cases in which non-nationals have come before the courts for repeated offences, on whether it is appropriate that sentencing should include deportation. [13952/09]

Dermot Ahern (Louth, Fianna Fail)
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I wish to advise the Deputy that Section 3(2)(b) of the Immigration Act, 1999, as amended, provides for the making of a Deportation Order in respect of a person whose deportation has been recommended by a court in the State before which such person was indicted for or charged with any crime or offence. Notwithstanding the foregoing, there is no provision in Irish law for the automatic deportation or judicially ordered deportation of a non-national who has committed a criminal offence. However, it has long been the practice of Ministers for Justice, Equality and Law Reform to give consideration to deportation in particular cases where a non-national has been convicted of a serious offence.

Deportations in these situations are usually complex. Any person to be deported must first be served with a written notice of intention to deport, as provided for under Section 3 of the Immigration Act, 1999 (as amended) which advises each individual of the options open to them at that point in time, namely (a) to consent to deportation, (b) to agree to return voluntarily to their country of origin or (c) to submit, within 15 working days, written representations to the Minister setting out reasons why they should not be deported. Where option (c) is availed of, any written representations submitted by or on behalf of the person in question is considered before a final decision is taken as to whether that person should be the subject of a Deportation Order. In view of the separation of powers between the Judiciary and the Executive, I am not in a position to comment on repeat offenders and whether or not their sentences should include a recommendation by a judge to deport.