Politics

Gardaí to be given powers to arrest asylum seekers

Proposed change will allow officers to enter homes of those with deportation orders

Minister for Justice Frances Fitzgerald will also move to allow detention at airports and ports. Photograph: Cyril Byrne
Minister for Justice Frances Fitzgerald will also move to allow detention at airports and ports. Photograph: Cyril Byrne
Sarah Bardon
Tue Nov 10 2015 - 01:00

Gardaí are to be given new powers to arrest and detain asylum seekers under proposals to be considered by the Cabinet today.

Minister for Justice Frances Fitzgerald is to bring a series of legislation changes to address a number of loopholes in the Immigration Act.

Ms Fitzgerald will allow An Garda Síochána the power to enter private dwellings to arrest those to have had deportation orders issued against them.

This follows a judgment two years ago by the High Court, known as the Omar judgment, which found the force did not have the right to do so.

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The amendments will also allow for the current eight-week detention period to be extended if fresh grounds are determined.

Ms Fitzgerald will also move to allow for the detention at ports and airports pending deportation or removal.

The legislation will also clarify the Minister for Justice has the power to deport a person from prison.

Threat

An asylum seeker can be detained by a member of the Garda or an immigration officer if considered a threat to national security, if found to have committed a serious non-political crime outside the State or if they have not made reasonable efforts to establish their identity.

The Cabinet will today also consider proposals on reforming the asylum application process in a bid to reduce the length of time asylum seekers spend in the direct provision system.

Ms Fitzgerald is to seek agreement to publish the International Protection Bill, which will establish a single applications procedure for those seeking asylum.

The legislation will ensure a person has to make one application only and a determination and decision will be reached in that one process.

The legislation will bring Ireland into line with other European Union member states.

It will allow for significantly reduced time in direct provision accommodation and in its cost to the State.

A Government source said: “The need to reform the asylum system is long standing. The number of applications is on the rise. If the current rate continues, we are looking at 7,000 applications in 2016.”