Fiona O'Loughlin (Kildare South, Fianna Fail)
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113. To ask the Tánaiste and Minister for Justice and Equality if all sections of the International Protection Act 2015 have now commenced; and if sections of it are aimed at tackling abuses of freedom of movement within the EU. [25338/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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All sections of the International Protection Act 2015 are now commenced with effect from 31 December 2016.

The purpose of the International Protection Act is to provide the framework for the determination of applications for international protection and applications for permission to remain in the State within a single procedure. One of the conditions attached to an applicant being granted permission to remain in the State for the purpose of the examination of their application is that they do not leave or attempt to leave the State without the consent of the Minister for Justice and Equality. This condition is provided at section 16(3)(a) of the Act. An applicant who contravenes this condition will be guilty of an offence and will be liable on summary conviction to a class D fine or imprisonment for a term not exceeding one month or both.

The Act is not aimed at tacking abuses of EU Free Movement per se. However, in order to protect the integrity of the Common Travel Area, Section 81 of the Act amends the Immigration Act 2004 to provide that an immigration officer may refuse permission to land to a person who had permission to be in the United Kingdom within the previous 12 months and who travelled to Ireland from there for the purpose of extending his or her stay in the Common Travel Area. Section 20(1)(e)(ii) of the Act provides that an immigration officer or a member of An Garda Síochána may arrest an applicant without warrant if the officer or member suspects, with reasonable cause, that the person has acted or intends to act in a manner that would undermine any arrangements relating to the Common Travel Area.