I move amendment No. 9: In page 91, between lines 30 and 31, to insert the following: “(b) will have access to the same standard of medical care within the country, as they can receive within the State,”. Amendments Nos. 9 to 11, inclusive, relate to a similar scenario. The Minister may be aware that I previously raised with the Minister of State with responsibility for law reform, Deputy James Browne, a Commencement matter regarding the concern around deportations or return orders that have been issued. I understa…

I thank the Minister for her response. We will be addressing some of the issues in the legislation that we will bring forward next week. Some of the issues we will be bringing forward next week can be addressed by policy but that clearly needs to happen. Some of the issues require legislation and there is a mix in that regard. Many of the amendments to which we are about to move very much require changes in policy. I suggest that within the EU directives on safe countries, there is scope given to countries; the dir…

I move amendment No. 10: In page 92, between lines 19 and 20, to insert the following: "(c) there is a significant risk to the health of the person, either as a result of the public health situation in the country to which they are being expelled or returned or if travel to the country to which they are being expelled or returned would carry a significant health risk.".

I move amendment No. 11: In page 92, between lines 27 and 28, to insert the following: "(c) an expulsion or return would carry a significant risk to the health of the person, either as a result of the public health situation in the country to which they are being expelled or returned or if travel to the country to which they are being expelled or returned would carry a significant health risk.".

I move amendment No. 12: In page 93, to delete lines 25 and 26. We have spoken to amendment No. 12 previously. This is in relation to the first country of asylum. I am pointing to the fact that this is an issue that needed to be teased out a little more. I am also conscious that we have talked about families and others who would be affected by Brexit. I have concerns, which I will not fully press now, on the issue of the first county of asylum and cases where a landing place may have been in the UK. Much as we have…

They are ameliorating provisions.

I move amendment No. 13: In page 93, between lines 37 and 38, to insert the following: "(5) Where a person specified in an order does not have legal representation, the State shall inform that person orally and in writing, in a language they can comprehensively understand, of legal assistance and advice that they may avail of.". Amendment No. 13 is on the issue of refoulement , which we have discussed. It is an attempt to strengthen and improve our current legislation in respect of refoulement so that where a perso…

Is it the Minister's understanding that this information that should be given to a person under the relevant procedure would include information in respect of the person's rights in relation to non-refoulement?

Non-refoulement, by its nature, applies even after the event. Under that circumstance, I do not need to press this amendment.

I move amendment No. 14: In page 94, line 26, to delete "without" and substitute "upon obtainment of a". In the next two groups of amendments, we come to some of the most troubling aspects for those concerned with civil rights and our international protection legislation. Amendments Nos. 14, 15 and 16 deal with the issue that members of An Garda Síochána and immigration officers are mandated to behave towards those who were asylum seekers but may have been unsuccessful in their asylum applications in ways that we d…

It is only a risk if the person is absconding. There is no risk to others specified. If the legislation related to a risk to the public in any sense identified, then there are certain circumstances but that is not provided for here. There may be wonderful gardaí who do things in a very good way, and there may be others, but our job is the law and its execution. I would prefer if we did not have a level of discretion or vulnerability to the good practice of others, which is being assigned to certain persons. I am co…

I move amendment No. 15: In page 94, line 26, to delete “without warrant”.

I move amendment No. 16: In page 94, to delete lines 34 to 43, and in page 95, to delete lines 1 and 2.

I move amendment No. 17: In page 95, to delete lines 21 to 25 and substitute the following: “(8) If, and for as long as an immigration officer or member of the Garda Síochána concerned does not have documentation to prove that the person subject of a return order is not under 18 years of age, the provisions of subsections (4) and (5) shall not apply.”. I hope we will have the opportunity to address these issues again. I am conscious that there are those who support these issues but one would like to engage with the…

I accept the Minister's point on documentation and it is fair, because the wording, as it is at present, is too wide in terms of what the reasonable grounds might be and where they would be set out. I am concerned about the interpretational issue and perhaps that is something on which we can engage with the Minister. It concerns the issue of reasonable grounds, what constitutes reasonable grounds and what the guidance might be that accompanies that. Again, Members will be discussing our own legislation next week, w…

I move amendment No. 18: In page 95, line 37, to delete "12 hours" and substitute "5 hours". The Bill allows for persons to be detained for 12 hours in a vehicle. I do not think that is right. It is not appropriate that a person might be detained for a 12-hour period in a vehicle on their way to an airport or port. No airport or port in Ireland requires one to be detained for 12 hours, if 12 hours is the journey time. The Bill also allows for detention for successive periods of 12 hours in a vehicle, which means th…

I move amendment No. 19: In page 95, line 40, to delete "12 hours" and substitute "5 hours".

I move amendment No. 20: In page 96, to delete lines 18 to 25. This amendment relates to a wider issue in terms of immigration policy that might be more appropriately dealt with elsewhere.

I move amendment No. 23: In page 97, between lines 24 and 25, to insert the following: "(e) the laws regarding international protection in that country are more prohibitive than in Ireland and a person who is claiming asylum does not have the same opportunity to be granted refugee status as they would in Ireland.". If a country is designated as a safe third country to which a person may be sent, it should not have international protection laws which are more prohibitive than the laws in Ireland and the individual s…

I thank the Minister for her engagement. I hope we might be able to discuss it further. Certain safe countries may recognise LGBT status which is recognised as a concern regarding our international protection laws. It is not always given the same status in other countries. Consideration might be needed in a few areas. I recognise that the Minister has indicated that there are criteria and that she is happy to engage in discussion on how those criteria are applied. In that context I withdraw the amendment.