Carol Nolan (Laois-Offaly, Independent)
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708. To ask the Tánaiste and Minister for Justice and Equality the number of people currently subject to a deportation order who have not been deported because their home country refuses to take them back; if such persons continue to live in the State; if they remain capable of accessing the labour market and social protection payments; and if she will make a statement on the matter. [43954/24]

Helen McEntee (Meath East, Fine Gael)
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A deportation order is a legal order to leave the State. Any person who has been ordered to leave the State and fails to do so is committing a criminal offence, and can be arrested without warrant if they come into contact with An Garda Síochána. Such an order remains on the person’s record permanently and means they cannot enter Ireland again in future.

A person who is subject to a deportation order does not have permission to be in this state and is not permitted to engage in employment. The issue of social protection payments or supports is a matter for the Department of Social Protection.

The process of returning individuals to their country of origin can, in some cases, be complex and reliant on the cooperation of the State to which the return is to be effected. The efficacy and speed of such cooperation can vary from state to state, impacted by factors such as administrative capacity in that State, the existence of specific Memoranda of Understanding etc. Another important consideration in any case will be verification for the State to which the return is being effected that the individual concerned is a national of their state.

The Repatriation Unit of my Department and the Garda National Immigration Bureau (GNIB) has an ongoing policy of engagement and liaison with the embassies of relevant states with a view to making the process of return as speedy and efficient as possible. While there may be instances where the country of origin has outlined particular stipulations ahead of a return (e.g. agreement on a Memorandum of Understanding) there are no current cases where a country of origin has refused to accept such a return.

I can advise the Deputy, the number of deportation orders signed up to 03 November has increased by 159% for the same period in 2023. 830 people have departed from the State under various mechanisms up to 01 November 2024 (i.e. forced return, voluntary return etc.). The overall number of returns has increased by 222% for the same period in 2023.

The GNIB carries out inquiries to confirm that people have removed themselves from the State and works closely with my Department to enforce deportations where this is not the case. The number of enforced deportations has increased up to 03 November by 158% for the same period in 2023.

In addition to the enforced deportations and those that are otherwise confirmed to have left, we know that a much larger number of people will have left the State without informing my Department. However, as there are no routine exit checks at Irish borders, it is not possible to accurately quantify this number. The introduction of exit checks in Ireland would require the installation of border infrastructure on the island of Ireland, which is not proposed.

Enforced deportation operations are complex and costly. They can involve surveillance operations, detentions in custody, legal challenges, and the costs of flights cost. Alternatives to forced removals are therefore typically preferential and my Department provides assistance through a voluntary return programme to some who will benefit from some assistance to reintegrate in their home country. The number of voluntary returns facilitated by my Department has increased by 292% for the same period in 2023.

My Department is working closely with the Office of Government Procurement in respect of identifying a commercial partner for the supply of charter flight services for deportation. The procurement process for these services is well advanced. Charter flights provide an alternative to commercial flights and can be more appropriate in circumstances when a group of individuals are being removed to the same destination. The intention is for these services to be available later in the year and will operate alongside the current use of commercial flights for removals. Meanwhile, enforced deportations are continuing on commercial flights and deportations conducted on commercial flights are at a 10 year high.

Ireland has now opted in to the EU Migration Pact which will make the identification and return of those without permission more efficient to operate. The Pact will see the replacement of International Protection Act 2015, and a Programme Board is developing the implementation plan for when the Pact comes into effect in 2026.

The Pact will introduce a more comprehensive, streamlined, and efficient approach to asylum and migration both in Ireland and across the EU.

It will speed up the processing of international protection applications so we have a firm and fair system. It will make it easier to return those who are found not to be entitled to protection. It will introduce greater security checking of applicants. It will reduce the volume of secondary movement and make it easier to transfer applicants to the member states responsible. It will reduce the time people spend in State-provided accommodation and support the return of people found not to be entitled to protection.