Catherine Connolly (Galway West, Independent)
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258. To ask the Minister for Transport, Tourism and Sport the measures being taken to ensure that unlawful discrimination is not being undertaken or facilitated in pre-clearance areas at Dublin and Shannon airports; the mechanisms in place to ensure Ireland's obligations under the Treaty on the Functioning of the European Union, TFEU, and the European Convention on Human Rights, ECHR, in pre-clearance areas at Dublin and Shannon airports; the procedures for withdrawal from the pre-clearance agreement; the bases upon which any withdrawal would be contemplated by the Government; and if he will make a statement on the matter. [6165/17]

Catherine Connolly (Galway West, Independent)
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261. To ask the Minister for Transport, Tourism and Sport the measures being taken to ensure that unlawful discrimination is not being undertaken or facilitated in pre-clearance areas at Dublin and Shannon airports; the mechanisms in place to ensure Ireland's obligations under the TFEU and the ECHR in pre-clearance areas at Dublin and Shannon airports are met; the procedures for withdrawal from the pre-clearance agreement; the basis upon which any withdrawal would be contemplated by the Government; and if he will make a statement on the matter. [6151/17]

Shane Ross (Dublin Rathdown, Independent)
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I propose to take Questions Nos. 258 and 261 together.

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 the outcome of that appeal is awaited.

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 requested that this meeting be brought forward and it is now set for Thursday, 23 February 2017.  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.

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 imigration, customs and agriculture 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 Síochána 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 relational 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.