Immigration authorities are considering using legislation introduced by former minister for justice Michael McDowell last December to allow them to deport some of the 54 Roma people camped on an M50 roundabout at Ballymun.
Romania and Bulgaria joined the EU on January 1st this year and their citizens are free to travel to other EU states without visas. However, these rights were limited under the European Communities (Free Movement of Persons) Regulations 2006, introduced by Mr McDowell.
Romanian and Bulgarian citizens are entitled to stay for longer than three months only if they are employed or self-employed or students, "or have sufficient resources to support himself or herself and family members and have comprehensive sickness insurance in respect of himself or herself and family".
The Roma group has no visible means of support and the people are not entitled to any State supports because they are not entitled to work without a work permit and no members of the group hold such a permit.
The three-month period has not yet elapsed for most of them, who began arriving in May. However, it will begin elapsing in the coming days and weeks.
A removal order would have to be signed by the Minister for Justice before being enforced by immigration officers.
Asked if the immigration authorities were considering this move, a spokeswoman for the Department of Justice merely said "officials of this department and other relevant State agencies are considering the position of the Roma group referred to".
Pavee Point Travellers' Centre said it was aware of the legislation but said it would be a very negative development if it was enforced in this way.
Sara Russell, Pavee Point's Roma co-ordinator, said that the detention of Roma adults for deportation would separate families and result in children being placed in care as they were too young to be detained.
"It would go against all best childcare practices," she said. Pavee Point has been urging the Government to intervene and provide emergency accommodation for the group.
The Irish Association of Social Workers (IASW) has called for immediate action to reunite the families, who have been separated in recent weeks.
Three children from the Roma community are now in the care of the HSE, having been removed by gardaí under the Child Care Act 1991. This gives gardaí the power to take children into care where there is immediate and serious risk to the children.
Declan Coogan, spokesman for the IASW, said it appeared that the children could not be returned due to the hazardous living conditions at the makeshift camp.
"Taking children into care is always the last option when everything else has been tried. Children in Ireland cannot live in situations where there is no adequate shelter, no water, no toileting facilities," he said. "We demand that dry and hygienic accommodation is provided for these families so that parents can care for their children."
