Finian McGrath (Dublin North Central, Independent)
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Question 63: 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 in Ireland for the purpose of civil litigation against these non-nationals; if he will detail the proper channels to be used by the UK Border Agency when it is seeking such information; the circumstances under which an immigration officer can give evidence on non-nationals who lived in Ireland to the civil courts in the UK; the number of such requests made in 2010; and if he will make a statement on the matter. [4281/11]

Brendan Smith (Cavan-Monaghan, 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. Provision 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".

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

In the event that a member of An Garda Síochána is required to offer evidence relating to any persons immigration status in this State, in court proceedings of a civil nature, in another jurisdiction, including the UK, the permission of the Commissioner will be sought for the member concerned to travel to the relevant jurisdiction for the purpose of offering the evidence required.

No application was received from the UK immigration authorities in 2010, for any member of An Garda Síochána attached to the Garda National Immigration Bureau (GNIB) to travel to the UK for the purpose of offering evidence in a UK court in civil proceedings undertaken in that jurisdiction.