I propose to take Questions Nos. 460 and 461 together.
The Border Management Unit (BMU) of my Department is responsible for frontline Immigration at Dublin Airport. Other airports and other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
When a non-EEA national presents at border control, an Immigration Officer must determine whether that person should be granted leave to land and gain entry to the State. In performing their duties, an Officer is required to consider all of the circumstances of the individual at the time of entry; this will include if the person has an alert on the Schengen Information System (SIS) II.
For security reasons and to protect the integrity of the immigration system, neither I nor my Department can comment on specific operational procedures of the BMU or the GNIB, including on the operation of SIS II.
The SIS II, allows for an easy exchange of information between national border control authorities, customs and police authorities on people who may have been involved in a serious crime. It also contains alerts on missing persons, in particular children, as well as information on certain property, such as banknotes, cars, vans, firearms and identity documents that may have been stolen, misappropriated or lost. Therefore, a person being subject to an alert on SIS II alert does not in each instance result in that person being refused leave to land.
In general terms, Ireland has been sending and receiving Alerts under the following six SIS II provisions;
• Art 26 - Alerts on people wanted for arrest for surrender purposes. Art 26 primarily refers to people in respect of whom a European Arrest Warrant exists.
• Art 32 - Alerts on missing people who need to be placed under protection and/or whose whereabouts need to be ascertained.
• Art 34 - Alerts on people sought to assist with a judicial procedure. This may include witnesses or suspects subject to a criminal prosecution.
• Art 36 - Alerts on people and/or objects for discreet checks.
• Art 38 - Alerts on objects for seizure or for use as evidence in criminal proceedings.
• Article 40 - Alerts on Unknown Wanted Persons for Purposes of Identification Under National Law.
When a person is refused leave to land at Dublin airport, the Immigration Officer will arrange for the person to be referred to the GNIB for removal from the State. The priority is to return them on the next available return flight to the last point of embarkation.
If a person indicates or is identified as being in need of international protection they are admitted to the international protection process.
Section 20 of the International Protection Act 2015 provides a number of grounds under which an international protection applicant may be arrested and detained, including if an Immigration Officer or a member of the Garda Síochána has reasonable cause that the person poses a threat to public security or has committed a serious non-political crime outside the State. In these circumstances the person is brought before a District Court as soon as practicable.
When applications are lodged at the International Protection Office, information is provided by applicants in support of their application, including documents concerning their identity. An assessment of the person's identity and the credibility of their application forms a key part of consideration of their international protection application.
International Protection applicants over the age of 14 are photographed and have their fingerprints taken when making an application for international protection. These fingerprints are then checked against the EURODAC database.
The Eurodac database, which began operation in 2003, is used to enable the comparison of fingerprints and assist in determining the country responsible for the assessment of an asylum claim presented in one of the Member States.
Eurodac is not a criminal records database, however since 2015, and in accordance with Regulation (EU) No 603/2013, law enforcement agencies are permitted to compare fingerprints linked to criminal investigations with those contained on Eurodac in certain circumstances involving serious criminal offences.
Before any status (refugee status, subsidiary protection or permission to remain) can be granted to any person, character and conduct checks are also carried out.
Implementing effective border security arrangements is a priority for me as Minister. The Programme for Government commits to developing a border security strategy to deliver stronger border security, ensuring technology supports border screening and to reviewing the potential of extending pre-clearance mechanisms, such as electronic travel authorisation, for travel from designated third countries.
