Committee Reports > List of Committees > Joint > 1978 > Committee on the Secondary Legislation of the European Communities > Report No. 20 - Statutory Instruments [53]

APPENDIX VIII

European Communities (Aliens) Regulations, 1977 [S.I. No. 393 of 1977]

An Rúnai,

An Roinn Dlí agus Cirt.

I am directed by Mr. Mark Clinton, T.D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities, to refer to the European Communities (Aliens) Regulations, 1977 [S.I. No. 393 of 1977] and to request you to furnish for the information of the Joint Committee a memorandum covering the following points:—

(1) Regulation 4 of S.I. No. 393 of 1977 provides that a person who comes within a specified category and who satisfies certain requirements may not be refused leave to land except in specified circumstances. Regulation 5 of S.I. No. 333 of 1977, which has been repealed, provided that a person might not be refused leave to land if he observed certain requirements and if an immigration officer was satisfied that he came within a specified category and that other specified conditions did not apply. What effect in practice are these changes expected to have?

(2) Is there any statutory provision governing medical examination of persons seeking entry into the State similar to the provision in Regulation 10 of S.I. No. 393 of 1977?

(3) Regulation 16 (2) of S.I. No. 393 of 1977 allows a person who is refused leave to land to have his case referred to the authority appointed under Regulation 17. On what provision in the Council Directives is this provision in Regulation 16 based?

(4) Is any statutory provision considered necessary to implement Article 8 of Council Directive 64/221/EEC whereby, in respect of a decision concerning entry, the person concerned shall have the same legal remedies as are available to nationals in respect of acts of the administration?

(5) What authority has been appointed by the Minister under Article 17 of S.I. No. 393 of 1977?

Cléireach an Chomhchoiste.

15 Bealtaine, 1978.

Cléireach an Chomhchoiste faoi

Reachtaíocht Thánaisteach na gComphobal Eorpach,

Dáil Éireann,

Baile Átha Cliath, 2.

A Chara,

I am directed by the Minister for Justice to refer to your minute of 15 Bealtaine, 1978 in regard to the European Communities (Aliens) Regulations, 1977 and to reply as follows:

(1) The change referred to here was introduced following criticism by the EEC Commission of the formula in the 1972 Regulations, which, the Commission thought, did not fully accord with the requirement of Article 6 of Directive 73/148 in that it appeared to give a discretion to the immigration officer not envisaged in that Article. The intention had, of course, been to give full effect to the obligations imposed on the State by the relevant provisions of the Directives and, accordingly, the question of a change in practice does not arise.

(2) Yes, in relation to persons who seek leave to land in the State. The relevant provisions are Articles 5 (2) (c) (inserted by the Aliens (Amendment) Order, 1975 (S.I. No. 128 of 1975), 7 and 16 of the Aliens Order, 1946 (S.R. and O. No. 395 of 1946).

(3) Arguably Article 9 (2) of Directive 64/221 EEC, even when read in conjunction with Articles 1 and 2, does not require a State to give aliens refused entry the right of access to an independent authority. Nevertheless, it is considered that such a right is appropriate in the case of EEC nationals who fall within the categories set out in Regulations 5 and 8 i.e., persons who have been lawfully in the State, or their dependants.

(4) No. The right of aliens to have recourse to the Courts has frequently been exercised and has never been challenged.

(5) Judge O’Malley of the Circuit Court.

JOHN OLDEN.

20 Meitheamh, 1978.