Written answers

Wednesday, 24 November 2010

Department of Justice, Equality and Law Reform

Common Travel Area

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 93: To ask the Minister for Justice and Law Reform the circumstances under which an immigration officer can supply information to the UK Border Agency on non-nationals who lived here; the proper channels to be used by the UK Border Agency when they are seeking such information; the circumstances under which an immigration officer may give evidence on non-nationals who live here to the courts in the UK; and if he will make a statement on the matter. [44337/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Ireland and the United Kingdom operate a common travel area (CTA) which facilitates unrestricted travel within that zone for citizens of both jurisdictions. The maintenance of this arrangement requires co-operation on immigration matters between Ireland and the United Kingdom, especially as the Irish courts have held that it is a fundamental public policy of the State to safeguard the existence of the CTA. It is, therefore, necessary for the immigration authorities in the UK and Ireland to exchange information regarding foreign nationals, on a regular basis. To that end, arrangements are in place between the Garda National Immigration Bureau (GNIB) and the United Kingdom Border Agency (UKBA) to facilitate the secure, efficient and effective exchange of immigration data to the mutual benefit of each jurisdiction in preserving the integrity of the Common Travel Area

The Immigration Act 2004 was enacted for the stated purpose of making provision, in the interest of the common good, for the control of entry into the State, the duration and condition of stay in the State and obligations while in the State of non-Irish nationals. ovision is made at section 4 of the Immigration Act, 2004 for an Immigration Officer to authorise a non-national to land in the State. However sub-section (3) of section 4 enumerates, at (a) to (k), eleven circumstances in which an immigration officer, may, on behalf of the Minister for Justice and Law Reform, refuse to give a person a permission to land in the State. The said circumstances, any one of which, may give rise to a permission to land being refused, includes that enumerated at section 4(3)(h), where "a non-national- (i) intends to travel (immediately or not) to Great Britain or Northern Ireland and (ii) would not qualify for admission to Great Britain or Northern Ireland if he or she arrived there from a place other than the State".

Where any law enforcement authority, in the UK or elsewhere, requires An Garda Síochána to provide evidence which it is intended is to be used in a criminal prosecution, a formal request for legal assistance is made through the Central Authority for Mutual Assistance at the Department of Justice and Law Reform.

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