Róisín Shortall (Dublin North West, Social Democrats)
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336. To ask the Minister for Transport, Tourism and Sport his views on the requirements under the Aviation (Preclearance) Act 2009 to enforce President Trump's executive order on immigration; the steps he is taking to ensure legal representation is provided to anyone impacted by this executive order within Irish airports’ preclearance area; his views on a potential conflict between the implementation of this executive order and the Treaty on the Functioning of the European Union, TFEU, in relation to persons with dual citizenship; the steps he is taking to ensure this order does not interfere with obligations of non-refoulement; the measures he is instituting to ensure obligations under the TFEU and the ECHR are fully complied with in the preclearance area; and if he will make a statement on the matter. [5171/17]

Ruth Coppinger (Dublin West, Anti-Austerity Alliance)
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337. To ask the Minister for Transport, Tourism and Sport the discussions he has had with the United States authorities regarding the implementation of the changes to US immigration regulations relating to nationals of countries in the Middle East and the implementation at preclearance here; and if he will make a statement on the matter. [5213/17]

Ruth Coppinger (Dublin West, Anti-Austerity Alliance)
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338. To ask the Minister for Transport, Tourism and Sport his plans to review the operation of the United States preclearance here in view of the recent changes to immigration regulations in the United States. [5214/17]

Shane Ross (Dublin Rathdown, Independent)
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I propose to take Questions Nos. 336, 337 and 338 together.

Firstly, I would like to state that I strongly disagree with the policy which was recently announced by President Trump to ban travel to the US by nationals of certain countries.

My officials have requested an early meeting of the Ireland-US Preclearance Consultative Group. This is a mechanism outlined in the Preclearance Agreement which allows for representatives from both parties to meet and review any operational issues arising related to the Agreement.

As you know clarification was issued by the Embassy of the United States in Dublin on Tuesday last to the effect that the Executive Order in question does not restrict the travel of dual nationals to the United States, so long as they hold the passport of an unrestricted country and possess a valid US visa, if required. Therefore, Irish citizens travelling to the United States on Irish passports should encounter no difficulties in this regard, as long as they have followed the relevant procedures governing the US Visa Waiver Programme.

The Aviation (Preclearance) Act 2009 provides for a service whereby passengers can avail of the option to be pre-cleared for entry into the United States. The Preclearance service is available to all travellers on a voluntary and non-discriminatory basis.

The preclearance facility is within Irish jurisdiction and the laws of Ireland apply at all times. This is expressly confirmed at Article II(5) of the Preclearance Agreement. Given the fact that US law does not apply, provision is made at Article II(6) of the Agreement to confirm that passengers who wish to avail of preclearance do so on condition that they recognise and consent to the right of the US to grant or refuse preclearance in accordance with its laws.

If someone is refused permission to fly to the US at preclearance in either Dublin or Shannon Airports, the passenger then becomes the responsibility of the Irish authorities who deal with them, in line with Irish law and in accordance with the full human rights protections that apply.  A refusal at US Preclearance has no impact on the rights available to refugees or persons wishing to seek asylum in Ireland.  If they apply for asylum they will be dealt with in the normal way or if they wish to return to their point of origin they will be facilitated.  These are issues for Irish Immigration authorities and US officials have no role in relation to them.

It is my understanding that the operation of the Ireland-US Preclearance Agreement does not conflict with the Treaty on the Functioning of the European Union, nor does it give rise to any breach of obligations under the European Convention on Human Rights.

In light of recent events, An Taoiseach has requested that a review of US Preclearance in Ireland be undertaken by the relevant Departments:- Justice and Equality, Foreign Affairs and Trade and my own Department.  I expect that a report will be made to An Taoiseach next week.