Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 418: To ask the Minister for Justice and Equality if his attention has been drawn to the fact that immigration detention contravenes international human rights standards; and his plans to end this practice. [35655/11]

Alan Shatter (Dublin South, Fine Gael)
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It is not clear if the Deputy is referring to a specific area of immigration law. There are a wide range of offences within the overall legislative framework dealing with immigration and asylum, some of which may result in detention. Also, there is no general prohibition on immigration related detention in international human rights law that I am aware of.

This State, like every other sovereign state, has immigration laws to ensure that it can exercise control over who enters our country and for what purposes. Our courts have reviewed various aspects of immigration laws over the years, including the power to detain persons for breaches of those laws, and it is beyond doubt that this State is entitled to and is obliged to take responsibility for the control of immigration. In certain circumstances that will involve detaining a person. However, the Deputy can be assured that such provisions are only used as a measure of last resort.

The European Convention on Human Rights Act 2003 requires every organ of the State to perform its functions in a manner compatible with the State's obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms. That Convention protects the liberty of every person but does acknowledge that there may be a lawful arrest and detention of a person in accordance with a procedure prescribed by law to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

It should also be pointed out that persons in detention, for whatever reason, have remedies open to them to challenge their detention including, in particular, an application for an inquiry by the High Court in accordance with Article 40.4.2 of the Constitution.