Terence Flanagan (Dublin North East, Fine Gael)
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To ask the Minister for Justice and Equality if the common travel area between Ireland and the UK still exists; if so, the reason passengers with Irish and British passports arriving from the UK have to go through passport control on arrival here; and if he will make a statement on the matter. [52899/12]

Alan Shatter (Dublin South, Fine Gael)
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I can assure the Deputy that the Common Travel Area remains in effect and that the continuing existence of the CTA is of immense political, economic and social significance to both Ireland and the United Kingdom. It is of critical importance that both Ireland and the United Kingdom work closely together to enhance the protection of the CTA. Indeed, It was very much with this in mind that I agreed a programme of action with the then UK Minister of State for Immigration, Mr. Damien Green MP, as set out in the Joint Statement on the Protection of the CTA. It was signed by both sides in Dublin on 20 December, 2011. The Deputy will recall that in the Joint Statement on British Irish relations - the Next Decade, signed by the Taoiseach and the British Prime Minister on 12 March, 2012 reference is made to the Common Travel Area in the following terms: “We remain firmly committed to preserving and protecting the Common Travel Area, which allows ease of travel for our people. We will continue to work together on immigration issues, and to combat potential vulnerabilities from terrorism, illegal immigration and organised crime.”

There is no requirement for citizens of either jurisdiction to carry passports when travelling within the CTA. However, it is the case that airline carriers in many instances require their passengers to have a passport in their possession before allowing them to board aircraft. As such, this is not an immigration requirement. Unlike the operational practices at some UK airports, there is generally no segregation of arriving passengers at Irish ports of entry to the State. Consequently, Immigration Officers performing immigration control duties at airports in the State do not know where passengers have travelled from when such passengers present at immigration control desks. It is, therefore, necessary for Immigration Officers to establish where passengers have arrived from, and in order to do this, an Immigration Officer may ask passengers questions with a view to establishing their nationality and port of embarkation. Once satisfied that a person is a citizen of the Common Travel Area (CTA) and that such person has travelled from the United Kingdom, the Immigration Officer will make no further requirement of that person.

In circumstances where a person, who is a national of the jurisdictions that form the Common Travel Area, and who has travelled from within the CTA and is not in possession of a passport, an Immigration Officer, in compliance with their duties under immigration legislation, is duty-bound to ask questions designed to establish that the person is a national of the jurisdictions that form the CTA and has travelled from within the CTA and as such is entitled to benefit from its immigration arrangements.

For the sake of completeness, I should add that border entry practices in the UK for CTA arrivals vary considerably from place to place. For example, in some UK regional airports, police officers on occasion seek identity documents for passengers from this jurisdiction. In other cases, evidence of having boarded an aircraft in Ireland is sought.

In recent years, personnel at the Garda National Immigration Bureau (GNIB) and in the UK immigration authorities have detected abuses within the Common Travel Area. Movements of illegal persons, suspected human trafficking, illegal immigration and substantial levels of social welfare fraud are among the consequences of such abuse. The co-operation of all passengers arriving in the State, including Irish and UK citizens who have travelled from the UK, greatly enhances the ability of Immigration personnel, both here and in the UK, to prevent and detect illegal immigration and associated criminality.

It should be noted that in fulfilling their duties at the frontiers of the State, members of An Garda Síochána utilise a range of legislative provisions. In particular, such officers will, where necessary, enforce the provisions at section 33 of Air Navigation and Transport Act, 1988, which states, an authorised officer, in the interest of the proper operation or the security or safety of an aerodrome, or the security or safety of persons, aircraft or other property thereon, may require any person on an aerodrome to-:

(i) give his name and address and to produce other evidence of his / her identity;

(ii) state the purpose of his being on the aerodrome;

(iii) account for any baggage or other property which may be in his possession.