Written answers

Tuesday, 7 February 2017

Department of Transport, Tourism and Sport

International Agreements

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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588. To ask the Minister for Transport, Tourism and Sport the steps he is taking to ensure that unlawful discrimination is not being undertaken or facilitated at airports through the application of President Trump's policy in preclearance areas; and if he will make a statement on the matter. [5373/17]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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589. To ask the Minister for Transport, Tourism and Sport the steps he is taking to ensure that international refugee law is not subverted through the application of President Trump's policy in preclearance areas. [5374/17]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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590. To ask the Minister for Transport, Tourism and Sport the steps he is taking to ensure that international refugee law is not subverted through the application of President Trump's policy in preclearance areas; and if he will make a statement on the matter. [5375/17]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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591. To ask the Minister for Transport, Tourism and Sport the procedures in place to ensure Ireland’s obligations under the TFEU, the ECHR and other applicable international laws are fully complied with in preclearance areas; and if he will make a statement on the matter. [5376/17]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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592. To ask the Minister for Transport, Tourism and Sport the procedures in place to ensure Ireland’s obligations under the TFEU, the ECHR and other applicable international laws are fully complied with in preclearance areas; and if he will make a statement on the matter. [5377/17]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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593. To ask the Minister for Transport, Tourism and Sport the procedures in place for withdrawal from the preclearance agreement with the United States of America; the basis upon which withdrawal would be contemplated by the Government; and if he will make a statement on the matter. [5378/17]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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594. To ask the Minister for Transport, Tourism and Sport the measures his Department is taking to ensure that unlawful discrimination is not being undertaken or facilitated at Irish airports through the application of the US Administration's new Muslim ban executive order in preclearance areas. [5415/17]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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595. To ask the Minister for Transport, Tourism and Sport the measures being taking to ensure that international refugee law is not subverted through the application of the US Administration's new Muslim ban executive order in preclearance areas. [5416/17]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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596. To ask the Minister for Transport, Tourism and Sport the measures in place to ensure Ireland's obligations under the TFEU, the ECHR and other applicable international law are fully complied with in preclearance areas in Irish airports. [5417/17]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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597. To ask the Minister for Transport, Tourism and Sport the procedures for withdrawal from the preclearance agreement and the basis upon which withdrawal would be contemplated by the Government. [5418/17]

Photo of Jackie CahillJackie Cahill (Tipperary, Fianna Fail)
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598. To ask the Minister for Transport, Tourism and Sport the measures that are being taken to ensure that unlawful discrimination is not being undertaken or facilitated at Irish airports through the application of US policy in preclearance areas; the measures that the Government is taking to ensure that international refugee law is not subverted through the application of the US policy in preclearance areas; the mechanisms in place to ensure Ireland's obligations under the TFEU, the ECHR and other applicable international law are fully complied with in preclearance areas; if there are procedures for withdrawal from the preclearance agreement if such a decision was made; the basis upon which withdrawal would be contemplated by the Government; and if he will make a statement on the matter. [5452/17]

Photo of Martin FerrisMartin Ferris (Kerry, Sinn Fein)
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599. To ask the Minister for Transport, Tourism and Sport the measures being put in place to ensure that unlawful discrimination is not being undertaken or facilitated in preclearance areas at Irish airports through the application of President Trump's policies. [5658/17]

Photo of Martin FerrisMartin Ferris (Kerry, Sinn Fein)
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600. To ask the Minister for Transport, Tourism and Sport the measures being taken to ensure that international refugee law is not subverted through the application of President Trump's policies in preclearance areas at Irish airports. [5659/17]

Photo of Martin FerrisMartin Ferris (Kerry, Sinn Fein)
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601. To ask the Minister for Transport, Tourism and Sport the mechanisms currently in place to ensure Ireland's obligations, under the TFEU and the ECHR and other applicable international laws, are fully complied with in preclearance areas in Irish airports. [5660/17]

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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602. To ask the Minister for Transport, Tourism and Sport the measures he is taking to ensure that unlawful discrimination is neither undertaken nor facilitated at United States preclearance in Irish international airports following President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days; and if he will make a statement on the matter. [5675/17]

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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603. To ask the Minister for Transport, Tourism and Sport the measures he is taking to ensure that international refugee law is not subverted through the application of President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days at the United States preclearance in Irish international airports; and if he will make a statement on the matter. [5676/17]

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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604. To ask the Minister for Transport, Tourism and Sport the measures the Government is taking to ensure that international refugee law is not subverted through the application of President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days at the United States preclearance in Irish international airports; and if he will make a statement on the matter. [5677/17]

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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605. To ask the Minister for Transport, Tourism and Sport the mechanisms in place to ensure Ireland’s obligations under the TFEU, the ECHR and other applicable international laws are fully complied with at United States preclearance in Irish international airports following President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days; and if he will make a statement on the matter. [5678/17]

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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606. To ask the Minister for Transport, Tourism and Sport the procedures for withdrawal from the United States preclearance agreement and instances upon which withdrawal would be contemplated by the Government following President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days; and if he will make a statement on the matter. [5679/17]

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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607. To ask the Minister for Transport, Tourism and Sport the procedures for withdrawal from the United States' preclearance agreement and instances upon which withdrawal would be contemplated by the Government following President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days. [5680/17]

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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608. To ask the Minister for Transport, Tourism and Sport the procedure to address the inconsistencies between Article II(1) of the Aviation (Preclearance) Act 2009 and the barring of persons at United States preclearance in Irish international airports following President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days; and if he will make a statement on the matter. [5681/17]

Photo of Eamon ScanlonEamon Scanlon (Sligo-Leitrim, Fianna Fail)
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609. To ask the Minister for Transport, Tourism and Sport the measures being taken to ensure that unlawful discrimination is not being undertaken or facilitated at Irish airports through the application of President Trump's policy in preclearance areas; and if he will make a statement on the matter. [5846/17]

Photo of Eamon ScanlonEamon Scanlon (Sligo-Leitrim, Fianna Fail)
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610. To ask the Minister for Transport, Tourism and Sport the measures the Government is taking to ensure that international refugee law is not subverted through the application of President Trump's policy in preclearance areas; and if he will make a statement on the matter. [5847/17]

Photo of Eamon ScanlonEamon Scanlon (Sligo-Leitrim, Fianna Fail)
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611. To ask the Minister for Transport, Tourism and Sport the mechanisms in place to ensure Ireland’s obligations under the Treaty on the Functioning of the European Union, the European Convention on Human Rights and other applicable international law are fully complied with in preclearance areas; and if he will make a statement on the matter. [5848/17]

Photo of Eamon ScanlonEamon Scanlon (Sligo-Leitrim, Fianna Fail)
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612. To ask the Minister for Transport, Tourism and Sport the procedures for withdrawal from the preclearance agreement and basis upon which withdrawal would be contemplated by the Government; and if he will make a statement on the matter. [5849/17]

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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613. To ask the Minister for Transport, Tourism and Sport the measures being taken to ensure that unlawful discrimination is not being undertaken or facilitated at Irish airports through the application of US policy in preclearance areas. [5914/17]

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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614. To ask the Minister for Transport, Tourism and Sport the measures the Government is taking to ensure that international refugee law is not subverted through the application of US policy in preclearance areas in Irish airports. [5915/17]

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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615. To ask the Minister for Transport, Tourism and Sport the measures in place to ensure Ireland’s obligations under the TFEU, the ECHR and other applicable international law are fully complied with in preclearance areas in Irish airports. [5916/17]

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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616. To ask the Minister for Transport, Tourism and Sport if measures can be taken to ensure that unlawful discrimination is not being undertaken or facilitated at Irish airports through the application of President Trump's policy in preclearance areas; and if he will make a statement on the matter. [5922/17]

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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617. To ask the Minister for Transport, Tourism and Sport the measures the Government is taking to ensure international refugee law is not subverted through the application of President Trump's policy in preclearance areas; and if he will make a statement on the matter. [5923/17]

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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618. To ask the Minister for Transport, Tourism and Sport the mechanisms in place to ensure Ireland's obligation under the TFEU, the ECHR and other applicable international law are fully complied with in preclearance areas; and if he will make a statement on the matter. [5924/17]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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619. To ask the Minister for Transport, Tourism and Sport the steps being taken to ensure that unlawful discrimination is not taking place on Irish soil against the law and the Constitution by the operation of preclearance at Dublin and Shannon airports; the mechanisms in place to ensure that Ireland's obligations under the TFEU and ECHR and other international laws are fully complied with in preclearance at airports; the progress made to date with the review of preclearance at Dublin and Shannon airports; and if he will make a statement on the matter. [6084/17]

Photo of John BrassilJohn Brassil (Kerry, Fianna Fail)
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620. To ask the Minister for Transport, Tourism and Sport the procedures in place for withdrawal from the preclearance agreement; and the basis upon which a withdrawal would be contemplated by the Government. [6085/17]

Photo of John BrassilJohn Brassil (Kerry, Fianna Fail)
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621. To ask the Minister for Transport, Tourism and Sport the mechanisms in place to ensure that Ireland's obligations under the TFEU, the ECHR and other applicable international law are fully complied with in Irish airport preclearance areas. [6086/17]

Photo of John BrassilJohn Brassil (Kerry, Fianna Fail)
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622. To ask the Minister for Transport, Tourism and Sport the measures the Government is taking to ensure that international refugee law is not subverted through the application of President Trump's policy in Irish airports' preclearance areas. [6087/17]

Photo of John BrassilJohn Brassil (Kerry, Fianna Fail)
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623. To ask the Minister for Transport, Tourism and Sport the measures being taken to ensure that unlawful discrimination is not being undertaken or facilitated at Irish airports through the application of President Trump's policy in preclearance areas. [6088/17]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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626. To ask the Minister for Transport, Tourism and Sport if his attention has been drawn to the concerns regarding the continued operation of the Aviation (Preclearance) Act 2009 and associated agreements in Irish airports during President Trump's Administration and that Ireland would facilitate nationality based discrimination against persons born in Syria, Iraq, Iran, Libya, Yemen, Sudan and Somalia; and if he will make a statement on the matter. [5435/17]

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I propose to take Questions Nos. 588 to 623, inclusive, and 626 together.

Firstly, I strongly disagree with the policy recently announced by President Trump to temporarily ban travel to the US by nationals of certain countries. As you know, there is currently a suspension in place for this Executive Order, which is the subject of an appeal at a US Federal Appeals Court and we await the outcome of that appeal.

Notwithstanding this, my officials have already been in contact with the US authorities and have conveyed our concerns about President Trump's Executive Order and its implications for US Preclearance services at Shannon and Dublin Airports.

A meeting of the Preclearance Consultative Group had been arranged for 1 March 2017. In light of recent events, my officials have requested that this meeting be brought forward. 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. This meeting has now been set for Thursday, 23 February.   

Arising from the clarification issued by the US Embassy in Dublin late last week, Irish citizens travelling to the United States on Irish passports under the ban should not have encountered any difficulties in this regard, as long as they followed the relevant procedures governing the US Visa Waiver Programme. 

US Preclearance in Ireland is a service whereby passengers can avail of the option to be precleared (undertaking all immigration, customs, agriculture and other border control inspections) in Dublin and Shannon Airports for entry into the United States. The Preclearance service is available to all travellers on a voluntary and non-discriminatory basis. The terms and conditions of the Preclearance arrangements with the US are covered by an International Agreement and by domestic legislation, the Aviation (Preclearance) Act 2009. 

The preclearance facility is within Irish jurisdiction and the laws of Ireland apply at all times, enforced by An Garda Síochána. 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 An Garda Siochána 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 should also be noted that my Department does not have responsibility for policy in relation to international refugees.

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. The Agreement expressly provides that nothing in the Agreement diminishes the rights enjoyed by individuals under the Constitution and laws of Ireland or the US. While the right to travel is recognised under the Irish Constitution, there is no right under the Irish Constitution whereby Ireland could require another sovereign State to allow an individual entry to that State. The right of a passenger to enter the US is a matter for US law.

The Ireland-US Preclearance Agreement may be terminated at any time by either party, by giving one year's written notice to the other party. There is no provision in the Agreement for suspension. Therefore, Ireland has an obligation, under International law, to adhere to the terms of the Agreement unless it is terminated in accordance with the procedure laid down. However, it is important to point out that the US Preclearance facility is a very valuable arrangement for Ireland, as well as being of benefit to the United States, and having discussed the matter last week, the Cabinet was in favour of retaining our Preclearance facilities.

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.  A report will be made to An Taoiseach this week.

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