Finian McGrath (Dublin North Central, Independent)
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Question 952: To ask the Minister for Justice and Law Reform the number of immigration officers appointed for each of the past ten years; the criteria used to recruit and select persons to be immigration officers; if he is satisfied that the recruitment and selection procedure used is in conformity with the code of practice of the Commission of Public Service Appointments; if immigration officers can operate in Northern Ireland or elsewhere and if so on what terms; and if he will make a statement on the matter. [32479/10]

Dermot Ahern (Louth, Fianna Fail)
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Provision is made at section 3(1) of the Immigration Act 2004 for the Minister for Justice and Law Reform to appoint such and so many persons as he or she considers appropriate (referred to in the Act of 2004 as "immigration officers") to perform the functions conferred on immigration officers by the said Act. A person so appointed holds the office on such terms and conditions as are determined by the Minister at the time of the appointment. Section 3(6) of the said Act, provides that the Minister for Justice and Law Reform may revoke an appointment made or deemed to have been made under the said section. In addition, Section 3(4) of the Immigration Act 2004 provides that a person appointed by the Minister to be an immigration officer, before the commencement of the Act of 2004 and who was acting as such an officer immediately before such commencement, shall upon such commencement be deemed to have been appointed as an immigration officer under the section.

The majority of persons appointed as Immigration Officers are Members of An Garda Síochána (indeed, all Immigration Officers at ports of entry are members of An Garda Síochána). A number of officials in my Department who are working in the immigration area are also appointed as immigration officers for the purposes of carrying out their duties. In this regard, it is of course the case that the appropriate process and practices apply to recruitment as members of An Garda Síochána or civil servants. Therefore, the question of the code of practice of the Commission of Public Service Appointments does not arise in this particular process.

In the event that a member of An Garda Síochána who is an immigration officer, travels outside the State for the purpose of interacting with the law enforcement authorities operating in Northern Ireland or any other jurisdiction, he/she will not utilise powers conferred on an immigration officer by the Minister for Justice and Law Reform as they relate only to the control of non-nationals entering, residing or leaving this State. Members of An Garda Síochána who have been appointed as immigration officers will have received training provided to all such members. Also, the Garda National Immigration Bureau (GNIB) provides additional immigration specific in-service training, to immigration officers.

In the time available it has not been possible to compile the detailed statistics requested in relation to the period referred to by the Deputy. However, I can inform the Deputy that the total number of members of An Garda Síochána who are currently immigration officers or in respect of whom such appointment under the Immigration Act, 2004 is imminent is 411 and there have been 100 officials appointed as immigration officers under the Act of 2004.