Mary Upton (Dublin South Central, Labour)
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Question 72: To ask the Minister for Justice, Equality and Law Reform the number of immigrants who have been the subject of a deportation order in 2008, 2009 and to date in 2010; the number of deportations that have actually been implemented in 2008, 2009 and to date in 2010; if he has satisfied himself with the operation of this aspect of immigration policy; and if he will make a statement on the matter. [28338/10]

Dermot Ahern (Louth, Fianna Fail)
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Details of the number of Deportation Orders signed and effected in the period 1st January 2008 to 31st May 2010 are set out in the following table.

Under section 3 of the Immigration Act 1999, the Minister for Justice, Equality and Law Reform may make a deportation order that requires any foreign national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State. Thus, a deportation order is a requirement imposed on a person to leave the State and to remain outside of the State.

However, a deportation order is normally accompanied by a notice requiring the person concerned to comply with arrangements to ensure that he or she leaves the State. Failure to comply with those arrangements is an offence and can result in the person being arrested and detained to ensure his or her removal from the State.

The figures for 'Deportation Orders effected' quoted above reflects the numbers of deportations that have been enforced, however, it is generally accepted that many other persons served with a deportation order leave the State at that stage but do not inform the immigration authorities of their departure.

Furthermore, the enforcement of some deportations can be delayed by judicial challenges taken by the parties involved.

Overall, the level of evasion, the lodgement of judicial challenges and the likely voluntary departure from the State of persons served with a deportation order would explain why a significant proportion of deportation orders appear not to have been effected.

The Immigration, Residence and Protection Bill provides for a range of measures which will streamline the deportation process and improve effectiveness -

the Bill provides that a person who is unlawfully in the State will be under an obligation to leave; and a failure to leave may result in removal of the person from the State, if necessary against his or her will and if necessary with arrest and detention for that purpose. Under current law, a person who is unlawfully in the State can, notwithstanding that unlawfulness and irrespective of the circumstances in which that unlawfulness arose, not be removed until the process under section 3 of the Immigration Act 1999 is undertaken, leading to the making of a deportation order;

the Bill includes provision which will require a person who has been subject to removal and who wishes to return to Ireland, to repay the cost to the State before he/she is allowed to return;

the Bill provides that a person who has been subject to removal will automatically be ineligible for permission to enter the State for 6 months from the date of removal;

the Bill includes provision limiting access to State-funded services by persons unlawfully present in the State;

the Bill includes provision whereby a person whose presence in the State is unlawful 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