Bríd Smith (Dublin South Central, People Before Profit Alliance)
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532. To ask the Tánaiste and Minister for Justice and Equality if there are plans to scrap the detaining of asylum seekers in Cloverhill Prison, or any prison, prior to deportation as soon as possible given that they have not committed a crime; her views on the criticism of this practice by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and on two occasions by the UN Committee against Torture which found that a prison is by definition not a suitable place in which to detain someone who is neither suspected nor convicted of a criminal offence; and if she will make a statement on the matter. [34839/23]

Helen McEntee (Meath East, Fine Gael)
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Detention of a person refused entry to the State or a person who is subject to a deportation order, is only undertaken as a last resort. The considerations for a detention decision include the level of risk of absconding, whether the person poses a threat to public security, or whether the individual has committed a serious crime. These matters are currently the subject of review in my Department.

There is a statutory obligation to return a person refused entry permission as soon as is practicable. When a person is refused leave to land at an airport, the priority is to return them on the next available return flight to the last point of embarkation. The reason for this is to avoid detaining people where possible. Staff have been trained on issues of vulnerability, including with regard to detecting if a person may be a victim of trafficking or if a person is in need of International Protection. People in these categories will not be returned and they are not detained.

I wish to advise the Deputy that alternatives to detention, such as a requirement to report to a Garda Síochána station or a requirement to reside in a specified place, are routinely used by immigration authorities in Ireland.