Jonathan O'Brien (Cork North Central, Sinn Fein)
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99. To ask the Minister for Justice and Equality the role of Garda and immigration officials in the US pre-clearance process to ensure that in the exercise of their public functions, a person's rights under the Constitution, the European Convention on Human Rights, EU law or international human rights law will not be violated. [12825/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I refer the Deputy to my replies to Parliamentary Questions No. 111, 106 and 138 of the 7th February, 2017 and to Parliamentary Question No. 92 of 8th February, 2017.

Persons who avail of the US preclearance facilities in the State do so voluntarily as provided for in the Aviation (Preclearance) Act 2009 and decisions taken by the US authorities at US preclearance facilities in the State on clearance to board US bound aircraft are taken solely by the US authorities. Irish officials or An Garda Síochána have no involvement in those decisions.

The role of Garda immigration officers is set out in the Act. Specifically, Section 12 of the Act provides that a person who is refused preclearance to travel onwards to the United States shall be deemed for the purpose of the Aliens Act 1935 and the Immigration Act 2004 to have arrived at the frontier of the State. In many cases, the persons are Irish citizens or EU nationals subject to Free Movement and once this is established they are not subject to any further immigration requirements. In circumstances where a person is refused leave to board a US bound flight, he or she is brought to the Garda immigration authorities and the case is considered by Garda immigration officers in the same manner as if they had presented at the frontier of the State seeking permission to enter the State. For those subject to immigration controls under the Immigration Act 2004, as is normal in these cases, each case is examined on its individual merits to determine if the person is to be given permission to enter the State.

These decisions are taken in accordance with Irish law and take fully into account our EU and other international legal obligations. For example, should a person claim international protection, their case will be fully considered under the International Protection Act 2015. US officials have no role in the matter. An Garda Síochána is also responsible for providing policing and maintaining law and order in preclearance areas, again in accordance with the provisions of the Act of 2009.