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Question

101. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if the treatment of persons in custody regulations apply to persons detained at all ports of entry; if not, the protections available to persons detained by An Garda Síochána at all ports of entry; and if he will make a statement on the matter. [10753/18]

Answer

Minister for Justice and Equality (Deputy Charles Flanagan): The provisions of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 and 2006 provide rules and procedures regarding how a person must be treated whilst in custody in Garda Síochána stations. Thus, the said Regulations of 1987 and 2006, apply to persons who have been arrested at ports of entry to the State and are subsequently detained at a Garda Síochána station.
Section 5 of the Immigration Act 2003 (as amended) addresses the issue of removal from the State of persons refused leave to land. In particular, section 5(2)(a) of the Immigration Act 2003 as amended by Section 80 of the International Protection Act 2015 applies to persons who have been arrested and are detained pending their removal from the State. A person arrested pursuant to the said section 5 may be brought to a prescribed place, including a Garda Síochána station. However, section 5, as amended, also provides for particular circumstances where a person arrested for the purpose of removal from the State is detained for a period not exceeding 12 hours, within a port or in a vehicle, for the purposes of bringing the person to the port from which the ship, railway train, road vehicle or aircraft on board which they are to be removed from the State is due to depart.
Detentions under the provisions of section 5 of the Act of 2003 are subject to the provisions of section 5 of the Refugee Act 1996 and section 4 of Criminal Justice (United Nations Convention against Torture) Act 2000.