Finian McGrath (Dublin North Central, Independent)
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Question 154: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that in the UK overstaying a visa by a non-EU national is an offence; his views on whether such an offence should be introduced into law here; and if he will make a statement on the matter. [24162/10]

Dermot Ahern (Louth, Fianna Fail)
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By virtue of section 4(9) of the Immigration Act 2004, it is an offence for a foreign national not to comply with any conditions attached to his or her permission to be in the State including a condition as to duration of stay. A person guilty of such an offence is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or both.

The Immigration Residence and Protection Bill 2008, in respect of which I have indicated an intention to publish a replacement shortly, will strengthen this penalty. Under the Bill a person who is present in or enters the State unlawfully will be liable, on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both. The person will also be liable, on summary conviction, to a fine not exceeding €500 for each day that he or she continues to remain in the State thereafter.