Clare Daly (Dublin Fingal, Independent)
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186. To ask the Minister for Transport, Tourism and Sport if a person was detained by the United States Border and Customs staff at Dublin Airport on 5 October 2018; and if so, the legal authority upon which the staff detained the person in view of the fact that as per the relevant legislation and agreement, passengers in pre-clearance remain in Irish legal jurisdiction and have the right to withdraw from the pre-clearance process. [41737/18]

Shane Ross (Dublin Rathdown, Independent)
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As the Deputy will be aware, US Preclearance is carried out by officers of US Customs and Border Protection (CBP) in Dublin and Shannon Airports under the terms of an international agreement between the two states, namely the US Ireland Preclearance Agreement, and in accordance with the Aviation Preclearance Act 2009. 

The preclearance facilities that are operated at Dublin and Shannon Airports are within Irish jurisdiction and the laws of Ireland apply at all times. The United States, like all sovereign states, has the authority to determine the right of any individual to enter its territory. Decisions on who may enter the United States are entirely a matter for US officials and eligibility is determined by reference to US immigration rules. Passengers who wish to avail of preclearance do so voluntarily and on condition that they recognise and consent to the right of the US to grant or refuse preclearance in accordance with its immigration rules.  Passengers retain the right to withdraw from the preclearance process.

It is not the policy, nor would it be appropriate, for me as Minister to refer to the detail of any individual case of a person availing of preclearance.

In general terms, the Aviation Preclearance Act 2009 permits Preclearance Officers to detain a person in a limited number of circumstances and any persons detained under these provisions must be delivered forthwith into the custody of An Garda Síochána.