Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 612: To ask the Minister for Justice and Equality the practices and procedures that are in place to ensure that both the human rights and dignity of individuals subject to deportation are protected in view of a second failed deportation flight from Ireland in seven months; the way the costs to the State are kept to a minimum; and if he will make a statement on the matter. [22746/11]

Alan Shatter (Dublin South, Fine Gael)
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The removal of individuals from the State in compliance with the provisions of the law is, by its nature, a difficult process. It is however a necessary feature of the enforcement of immigration-related legislation where individuals do not exercise the option available to them to leave the State voluntarily when they have not got permission to remain in the State, or where they may not be in a position to exercise that option.

In enforcing the law in this respect, Ireland is no different to other countries who also remove individuals who have no lawful right to remain within their territory.

In all cases, the members of the Gardaí attached to the Garda National Immigration Bureau (GNIB) who exercise the removal function do so in keeping with the law, upholding human rights principles and treating individuals fairly and respectfully. In this regard, the Gardaí act no differently than they do when discharging any of their many other law enforcement functions.

The detailed arrangements governing deportation flights are complex and require co-operation between many agencies. These flights also require a large degree of co-operation from other countries; some of which have no diplomatic representation here. Flight plans, overflight permits, landing permits, refuelling stops, identity papers, passports or other identity-type documents and so forth all have to be agreed with the authorities in the receiving jurisdiction. In some instances, similar issues may arise when removal flights pass through third country airspace. Ensuring that all these logistical and diplomatic issues are in order is a complex task and occasionally difficulties can arise very late in the process where, for example, a country may refuse entry to its airspace even where an overflight permit is in place for a charter flight. This is in fact what occurred with a charter flight which departed Dublin in July of this year to go to Lagos, Nigeria and on to Kinshasa, DR Congo. Despite having a valid permit to fly through Algerian airspace, when the flight reached Algeria, the Algerian aviation authorities refused permission for the charter to enter their airspace. Numerous attempts were made to resolve this problem during the flight but ultimately the flight had no option but to return to Dublin.

Every effort is made to avoid such occurrences by, for example, working with other EU member states or by liaising with consular officials, including those based in the UK where there is no diplomatic representation here.

In the other case referred to by the Deputy, the aircraft in question developed mechanical difficulties while on a scheduled stop at Athens airport. This was immediately prior to Christmas in 2010 in the period with very severe winter weather causing huge disruption to all flights. In those circumstances, it was not possible to secure an alternative aircraft at short notice.

In both instances, the events which gave rise to the two flights in question not proceeding to their final destination were completely outside the control of the GNIB or my Department. Notwithstanding that however, all aspects of these flights were reviewed to ensure that where possible, all reasonable steps are put in place to avoid a recurrence of the events that gave rise to their non-completion.

In relation to the issue of costs regarding the two flights referred to by the Deputy, I can confirm that the costs of chartering each plane in December 2010 and in July 2011 respectively were fully borne by the company appointed to provide chartered aircraft and ancillary services to my Department.

Finally, the Deputy may be assured that while the non-completion of these flights is unfortunate and has given rise to inconvenience, there is no question of the human rights or safety of individuals having been compromised on the occasions in question.