Pat Rabbitte (Dublin South West, Labour)
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Question 279: To ask the Minister for Justice and Law Reform if his attention has been drawn to the aborted deportation flight from Ireland to Nigeria on 15 December 2010; the reasons for the deportees being returned here; and if he will make a statement on the matter. [2062/11]

Pat Rabbitte (Dublin South West, Labour)
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Question 280: To ask the Minister for Justice and Law Reform if he has received a petition from the Irish Refugee Council requesting an independent inquiry into the treatment of deportees on the aborted deportation flight of 15 December 2010; and if he will make a statement on the matter. [2063/11]

Pat Rabbitte (Dublin South West, Labour)
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Question 281: To ask the Minister for Justice and Law Reform if the treatment of deportees on the aborted deportation flight from Ireland to Nigeria on 15 December 2010 complied with Article 3 of the European Convention on Human Rights; and if he will make a statement on the matter. [2064/11]

Pat Rabbitte (Dublin South West, Labour)
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Question 282: To ask the Minister for Justice and Law Reform the cost to the Exchequer of the failed deportation flight to Nigeria on 15 December 2010; the number of persons being deported; the current status of the persons who were returned here; and if he will make a statement on the matter. [2065/11]

Finian McGrath (Dublin North Central, Independent)
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Question 283: To ask the Minister for Justice and Law Reform his views on a deportation matter (details supplied). [2077/11]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 284: To ask the Minister for Justice and Law Reform if his attention has been drawn to a deportation that took place on 15 December 2010 in which significant violations of the rights and dignities of the Nigerian passengers have been reported, including that they were kept on the plane for two hours before it departed and not allowed to use the toilet during this time, forcing children to urinate into bottles and that when the plane departed passengers were required to keep the door open when using the toilet, including menstruating women and that they were held in an airport lounge in Greece for 14 hours and offered nothing but crisps during that time although deportees from other countries were offered food and drink; if he will order an immediate independent inquiry into the events and suspend deportations until this inquiry is completed and the matters satisfactorily resolved; and if he will make a statement on the matter. [2108/11]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 279 to 284, inclusive, together.

A total of 35 persons - all of whom were failed asylum seekers or their dependants - were due to be returned by Ireland to Nigeria by charter flight which left Dublin Airport on 15th December 2010 to go to Lagos via Athens. The flight was organised in conjunction with our European partners in the FRONTEX network where individual member states co-operate with each other in returning immigrants to their country of origin. In addition to the persons being returned from Ireland, there were 64 other persons from the following countries, UK, Austria, Hungary, Norway, France, Luxembourg, the Netherlands, Poland, Greece and Germany due to return to Nigeria on this flight. As well as immigration officials (in our case, Gardaí attached to the Garda National Immigration Bureau) who accompanied the persons being returned, the flight also had on board a medical team consisting of a doctor and nurse.

On arrival in Athens airport where the persons being returned from Greece and Austria were boarded, the plane developed a technical fault while it was on the ground. At this point the local time was 2.00 am on Thursday 16th December.

Having considered the options - which included sourcing another aircraft - the flight organisers came to the conclusion that the only feasible option was to abandon the flight and return the persons in question to Dublin. It is important to note that had the operators been able to source another aircraft at relatively short notice, it would still have meant a very long delay - possibly 14 hours or longer - before the necessary clearances and other paperwork would have been completed to enable the flight to continue to Lagos. The persons in question were flown back to Dublin on 16th December (the following day) from Athens.

Quite clearly the technical fault which developed with this FRONTEX operated flight could not have been foreseen; in fact Deputies should be aware that this is the first time that such an event occurred in 50 removal flights involving the removal of non-nationals from the State in the past seven years.

I am advised that every effort was made to provide the persons on board the flight with appropriate refreshments and other facilities. These efforts were hampered by the lateness of the hour, the availability of facilities at that time at Athens airport and the requirement to comply with the instructions of the airport authorities. As Deputies will appreciate when technical difficulties arise with flights, considerable disruption is caused to passengers. The situation in this respect is no different when such difficulties arise with charter flights involving failed asylum seekers as it is with commercial flights.

In the matter of sanitary facilities, I am advised that standard arrangements in the aircraft were in place and that adequate facilities were also in place for all passengers who chose to avail of them. I am also advised that according to the information available to my Department and the Gardaí, that the issues in this respect referred to by Deputies involving the persons being returned to Nigeria from Ireland have not been raised to date in the other countries who participated in this flight.

In relation to the matter of deportation itself, I must point out that all persons who are the subject of Deportation Orders have had their cases fully examined under the various headings in Section 3(6) of the Immigration Act 1999 before I decided to make an order against them. The option to voluntarily return to their country of origin is available to people who have no legal right to be in the State; however none of the individuals on the flight in question took up the option of voluntary return.

Where a decision is made to make a Deportation Order, the person in question is advised in writing of this decision and of the consequences of the decision which includes placing a legal obligation on the person in question to remove themselves from the State or, failing that, to comply with any reporting requirements placed on them by the Garda National Immigration Bureau so that their removal from the State can be effected. The Deportation Orders in effect in respect of the individuals who returned to Ireland in this instance remain in force and will be enforced by the Gardaí when the necessary travel arrangements are made. The persons in question are therefore still obliged to remove themselves from the State or, failing that, to contact the Garda National Immigration Bureau to facilitate their removal.

By its nature enforced deportation is a difficult process for everyone involved. My Department, in conjunction with the Garda National Immigration Bureau and the other members of Frontex is reviewing this operation and if appropriate and reasonable, will put revised practices in place with a view to minimising the risk of this occurring again. Technical faults can and do occur with aircraft and inevitably there is disruption to passengers. Every effort is made to minimise any such disruption but like in all flights where events occur which are outside of control of passengers, no absolute guarantees can be given.

I am satisfied that the deportation operation on 15th December 2010 was properly conducted and accordingly I will not be establishing an independent enquiry into this deportation flight. Finally I am not in a position to indicate at this point the costs incurred during this operation; I can say however that my Department will be insisting that all reasonable costs are recouped from the flight operator.