Finian McGrath (Dublin North Central, Independent)
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Question 150: To ask the Minister for Justice and Law Reform if his attention has been drawn to reports that legal advice has been provided by the Civil and Public Service Union that grades represented by that union are legally unable to perform duties of immigration officers; if he has sought legal advice on this matter and if it confirms the position of the CPSU; if he will ensure that the duties of immigration officers are only performed by staff who can properly perform such duties; and if he will make a statement on the matter. [47490/10]

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.

Members of the grades represented by the CPSU are not immigration officers and while they assist immigration officers in the carrying out of their legal duties, they do not perform, nor are they asked to perform, any duties which are solely the function of immigration officers.