Transport firms face fines under Immigration Bill

Airlines or ferry operators which bring passengers to Ireland without proper immigration documentation will be subject to legal…

Airlines or ferry operators which bring passengers to Ireland without proper immigration documentation will be subject to legal penalties under proposed legislation.

Ireland is now the only EU member-state without carriers' liability law and the Minister for Justice, Mr O'Donoghue, yesterday announced plans to draft such legislation.

The Immigration (Carriers' Liability) Bill would be published "early in the new year", he said, with a view to early enactment. However, the Irish Refugee Council said last night that it was opposed to such legislation.

There will either be an "on-the-spot fine" of £2,500 per passenger or, if the matter goes to court, a fine of up to £10,000 per passenger. The penalties will not apply to journeys originating within the EU Common Travel Area.

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Inadequate documentation checks by carriers had resulted in illegal immigrants arriving in Ireland, the Minister said. "The purpose of the legislation is to encourage carriers to carry out checks which ensure that persons who do not have the documents necessary for travel to Ireland are not allowed on to aircraft or ships bound for Ireland."

Operators out of Ireland were already subject to carriers' liability in other jurisdictions and so would have experience in the procedures involved, the Minister said.

The Irish Refugee Council warned that the legislation could militate against the Convention Relating to the Status of Refugees signed by the EU in Tampere, Finland, last year. A spokesman said: "We're against carriers' liability legislation because it takes the onus of responsibility from governments and puts it on to private individuals."