Jonathan O'Brien (Cork North Central, Sinn Fein)
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69. To ask the Minister for Justice and Equality when she will open the dedicated facility to accommodate persons who have been detained for immigration related matters; if she is aware of and her views on the criticisms that the Council of Europe, Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment has in its successive reports on Ireland (details supplied); if she has opened the facility mentioned; the details of its staff, including their qualifications; and if she will make a statement on the matter. [20169/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am aware of the recommendation of the Council of Europe, Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment on this matter and steps are being taken to address the issues raised.

I should point out that the Garda National Immigration Bureau, who has responsibility for removals from the State of non-nationals, makes every effort to keep the period of detention to a minimum and to return the person concerned on the next available flight. In general, detention is used sparingly in relation to immigration related matters. Where possible, persons are served with a notice under section 14 of the Immigration Act 2004 which provides for the issue of a written instruction setting out reporting and residence conditions to a non-national who does not have permission to be in the State. This is used in certain low risk cases as an alternative to detention prior to return. Persons held on immigration related matters, including those with deportation orders are, unless the subject of a conviction, in general kept apart from convicted persons while in detention and are treated the same as remand prisoners and are subject to the same regime and receive the same privileges as this grouping.

Section 78 of the International Protection Act 2015 inserts a new section 5 into the Immigration Act 1999 which includes a provision permitting a person to be detained for up to 12 hours in facilities at the port from which he or she is to be returned, thus further reducing the need for detention in a prison or Garda station.

Plans are being progressed for the provision of a dedicated immigration detention facility at Dublin Airport. I am informed that plans for the facility have been drawn up and agreement reached with the Office of Public Works and the Dublin Airport Authority for the necessary redevelopment work to be carried out. This redevelopment will be completed as soon as possible within the next 12 months and will replace the existing Garda Station at the airport, provide office accommodation for Gardaí and civilians as well as providing a modern detention facility.