Mattie McGrath (Tipperary, Independent)
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117. To ask the Minister for Justice and Equality the number of instances in which section 78 of the International Protection Act that gives additional powers to the Garda Síochána to enforce deportation orders where persons subject to deportation orders have failed to comply with their legal obligation to remove themselves from the State has been enforced; and if she will make a statement on the matter. [27106/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a deportation order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders.

In determining whether to make a deportation order, in addition to the factors set out in Section 3 (6) of the Immigration Act 1999, as amended, I must also consider Section 5 (Prohibition of Refoulement) of the Refugee Act 1996, as amended, as well as any other relevant statutory provisions, Constitutional or international human rights arising. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

It should be noted that the overwhelming majority of persons who arrive at the frontiers of the State without permission to enter or reside here are refused leave to land, without ever reaching the stage where they would be considered under the deportation process. Indeed, this figure has risen substantially to almost 3,500 last year and is expected to exceed 4,000 this year. Others voluntarily remove themselves before a deportation order is made.

The legislation in this area was recently amended by way of section 78 of the International Protection Act, commenced on 10 March this year. These amendments have inserted a new section 5 into the Immigration Act 1999 which deals with effecting deportation orders for persons illegally present in the State. Since the legislation was amended, 33 persons have been forcibly removed from the State by An Garda Síochána out of a total of 193 deportation orders effected since 10 March 2016. The increasing number of deportation orders effected since the legislative changes were introduced demonstrates the knock-on effect of the new legislation, as the number of people complying with their deportation orders, without requiring forcible removal by An Garda Síochána, continues to increase.