Written answers
Tuesday, 5 November 2024
Department of Justice and Equality
Immigration Policy
Gary Gannon (Dublin Central, Social Democrats)
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759. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 227 of 10 October 2024, if she has followed up on the matter; and if she will make a statement on the matter. [44789/24]
Helen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that individuals must be in possession of a valid passport or identity documents when they arrive in Ireland and it is an offence to not have the appropriate documents.
While there are exceptions for some passengers travelling within the Common Travel Area, in general, the requirement to have appropriate documents applies to Irish, EU and Non-EU arrivals.
We have a rules-based immigration system, and the establishment of a person’s identity and nationality upon arrival is an important and longstanding feature of our immigration process and international border controls.
As the Deputy will be aware, the prosecution of offences in these instances are a matter for An Garda Síochána and the Director of Public Prosecutions, who are independent in the exercise of their functions in this regard; as Minister I have no role in the taking of such prosecutions.
The information sought regarding the number and nationalities of persons charged under Section 11 and Section 12 of Immigration Act 2004 who subsequently seek international protection is not recorded in a manner which allows for the readily extraction of the precise number.
However, it is the case that the majority of those who present without appropriate documentation and are refused leave to land seek to enter the international protection process. Anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection will have their application examined in detail in accordance with our obligations under international and EU law.
I am advised by the Garda Commissioner that up to 30 September of this year, there have been 132 charges preferred in relation to Section 11 of the Immigration Act 2004 and 141 charges preferred in relation to Section 12 of the Act. It is important to note a person may be charged with more than one offence and that charges relating to Section 12 of the Immigration Act 2004, ‘Failing to Produce on Demand a Valid Passport or other Equivalent Document’, cover multiple incident types and do not relate solely to persons arriving into the State.
I am also advised by the Courts Service of the number of court orders, the number of offences and number persons relating to Section 11 and Section 12 of the 2004 Act, before the District Court between 1 January 2024 and 30 September 2024 where the case in question has been finalised. It should be noted that the Court's Service reports are based on the court date and not when the offence was detected.
Table 1: The number of orders, the number of offences and number persons relating to Section 11 and Section 12 of the 2004 Act, before the District Court between 1 January 2024 and 30 September 2024
| Offence | Section | No of Orders | No of Offences | No of Persons |
|---|---|---|---|---|
| Landing in the State without Possession of a Valid Passport | Sections 11(1) and 11(3)(a) of the Immigration Act, 2004 as substituted by section 34 of the Civil Law(Miscellaneous Provisions) Act 2011 and contrary to section 13 of the Immigration Act, 2004 | 113 | 110 | 110 |
| Failing to Produce on Demand a Valid Passport or other Equivalent Document | Sections 12(1)(a), and 12(2)(a) of the Immigration Act, 2004 as substituted by section 34 of the Civil Law(miscellaneous Provisions) Act 2011 and contrary to section 13 of the Immigration act, 2004. | 126 | 125 | 120 |
| Failing to Produce Asylum Card | Sections 12(1)(B), (2) and 13 of the Immigration act 2004, and Section 9(3)(C) of the Refugee Act 1996 | 4 | 4 | 4 |
** A person could be before the court on more than 1 offence.
Table 2: The number and type of the orders issued relating to Section 11 and Section 12 of the 2004 Act, by the District Court between 1 January 2024 and 30 September 2024
| Offence | Court Orders | No of Court Orders |
|---|---|---|
| Landing in the State without Possession of a Valid Passport | Dismiss Probation Act | 4 |
| Fine | 2 | |
| Imprisonment | 53 | |
| Imprisonment - Part Suspended | 1 | |
| Imprisonment - Suspended | 2 | |
| Other | 3 | |
| Strike Out | 16 | |
| Taken Into Consideration | 31 | |
| Withdrawn | 1 | |
| Landing in the State without Possession of a Valid Passport Total | 113 | |
| Failing to Produce on Demand a Valid Passport or other Equivalent Document | Dismiss | 6 |
| Dismiss Probation Act | 14 | |
| Dismiss Probation Act on Payment | 1 | |
| Fine | 8 | |
| Imprisonment | 30 | |
| Imprisonment - Part Suspended | 1 | |
| Imprisonment - Suspended | 3 | |
| No Order | 1 | |
| Peace Bond | 1 | |
| Poor Box | 1 | |
| Strike Out | 31 | |
| Taken Into Consideration | 28 | |
| Withdrawn | 1 | |
| Failing to Produce on Demand a Valid Passport or other Equivalent Document Total | 126 | |
| Failing to Produce Asylum Card | Other | 1 |
| Strike Out | 2 | |
| Taken Into Consideration | 1 | |
| Failing to Produce Asylum Card Total | 4 | |
| Over all Total | 243 |
** A person could be before the court on more than 1 offence and a person could receive more than one court order for an offence.
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