Dáil Éireann Debate, Tuesday - 17 June 2025
591. Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration the access to legal advice and interpretation services provided to individuals detained in prison prior to enforced deportation by chartered flight in 2025; and if he will make a statement on the matter. [32030/25]
View answer592. Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration whether protocols or standard operating procedures are in place to govern the provision of legal advice and interpretation services to individuals detained prior to deportation; and if he will make a statement on the matter. [32031/25]
View answerI propose to take Questions Nos. 591 and 592 together.
A deportation order is a legal order to leave the State, and is issued after the person is offered, but does not avail of voluntary return. Any person who has been ordered to leave the State within the timeframe issued with the deportation order, 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, unless revoked by the Minister for Justice – it means they may not enter Ireland again in future.
The Legal Aid Board provides confidential and independent legal services to applicants for International Protection.
Individuals who are detained prior to deportation by the Irish Prison Service are provided with avenues to communicate to their legal representatives; access to consular services from their country of origin are also facilitated. Interpreter services are offered as required and translation of correspondence is provided by the Department of Justice, Home Affairs and Migration.
I would like to reassure the Deputy that enforced removals are carried out as a measure of last resort, when the person concerned has not removed themselves from the State. It is the preferred option to return people voluntarily. It is for this reason my Department has a voluntary return programme to assist people to return prior to the issuance of a deportation order.
The enforcement of deportation orders is an operational matter for the Garda National Immigration Bureau (GNIB). Prior to any removal members of GNIB conduct a risk assessment for the safety of those travelling. In addition to Garda personnel, medical staff accompanied the returnees on a charter flight. A person who is the subject of a deportation order may be held in detention for up to 56 days for the purpose of ensuring their deportation from the State. An application to extend this period of detention must be made to the District Court.
