Róisín Shortall (Dublin North West, Labour)
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Question 545: To ask the Minister for Justice, Equality and Law Reform if he will investigate the case of a person (details supplied) in Dublin 9; the reason a form of identification issued by the State was not accepted as a valid form of identification; and the form of photo identification which is acceptable for the purpose of travel between the UK and Ireland. [29800/09]

Dermot Ahern (Louth, Fianna Fail)
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The Garda authorities are investigating the incident in question and it has not been possible to finalise those investigations in time to respond to the Deputy's Question. I will write directly to the Deputy when those investigations have been concluded.

The most recently enacted legislation governing immigration matters is the Immigration Act, 2004. Section 11(1) of that Act provides that ''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 his or her functions.''

These 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; persons who are obliged to carry a passport of equivalent document and assist immigration officers in the performance of their duties (non-nationals) 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. To reach such a decision, the immigration officer must confirm the identity and the nationality of the person. The Act is silent on how an immigration officer should do this bearing in mind that both Irish citizens and non-nationals can arrive together at the immigration booths.