Written answers

Tuesday, 10 February 2015

Department of Justice and Equality

Immigration Policy

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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338. To ask the Minister for Justice and Equality the steps in place to refuse the right of citizens from other European Union member states, with serious criminal records, from entering and remaining here; and if she will make a statement on the matter. [5693/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I refer the Deputy to my reply to his previous question (No. 328) dated 20 January 2015.

The Deputy will be aware that under the provisions of various EU legal instruments nationals of the EU Member States and the European Economic Area enjoy freedom of movement rights within the general area of the Union. Freedom of movement is subject to limitations and conditions and a Member State may refuse an EU national the right of entry or residence on the grounds of public policy, public security or public health. Measures affecting freedom of movement and residence must be based on the personal conduct of the individual concerned, and such conduct must represent a sufficiently serious and present threat to fundamental interests of the state.

Where any person, who is not a citizen of Ireland or the United Kingdom of Great Britain and Northern Ireland, who is resident in the State, is known or suspected to have engaged in criminal activity, An Garda Síochána may provide relevant information to the Irish Naturalisation & Immigration Service (INIS) for the purpose of consideration being given to initiating a process for the purpose of arranging for their removal from the State. In the case of an EU national, this is done pursuant to Regulation 20 of the European Communities (Free Movement of Persons) Regulations 2006.

It is also the case that any person residing in or visiting the State who is alleged to have committed a criminal offence in the jurisdiction will be made amenable to and subject to the laws of the State.

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