In March, the High Court struck down returns to the UK. The judgment states that in October 2021:

the UK authorities advised that the Applicant had been convicted on an offence [...] in the UK and was in consequence registered as a sex offender. It appears that this information had been redacted by reason of data protection concerns before being placed on [his] immigration file.

It also states:

an "alert" was subsequently created on the 14th of January, 2022 on Applicant A's file [...] on the Minister’s database. It seems that it was only on the 14th of December, 2023, that an official in the [...] Department noticed the "alert".

The judgment also stated:

it cannot be overlooked that information relating to Applicant A's conviction for a sexual offence was in the possession of the Minister's agents since October, 2021 without steps being taken to raise with Applicant A his obligations under Irish law to register as a sex offender[...]. I am troubled that this fact has not come to light sooner given the purpose of maintaining a sex offenders register as a safety and control measure in the public interest.

Does the Tánaiste have confidence in the Department of Justice and the stewardship of that Department?

I cannot talk about an individual case but from what I understand, the position in this particular case is that the person in question sought international protection in Ireland and inquiries identified he had previously been an applicant in the United Kingdom. Under the arrangement in place since 2020 the United Kingdom agreed to accept his return and also advised that he had been convicted of sexual assault in the United Kingdom and was subject to sex offender reporting requirements there.

Ireland initiated the inadmissibility provisions under the International Protection Act and this resulted in his being made the subject of a return order. At that point his lawyer challenged the determination in his case and this is what the High Court recently ruled on. It is now subject to appeal. As Deputy McNamara knows, the Government has published proposals to amend the underpinning legislation to address the issues identified by the court. These issues related to the underlying legislation and not the particulars of any individual's personal circumstances. Under Irish law a person convicted of certain offences in another jurisdiction is required to comply with Ireland's sex offender reporting requirements and the Garda has enforcement powers where they are breached. The case is being reviewed.

Do you have confidence in the Department?

The Minister for Justice has asked for a review of the case to be carried out.

Do you have confidence in the Department?

From what I have been presented with, it seems there has been a very serious lapse in regard to this case.

This is Harry Whelehan territory.

Thank you both. We cannot have further discussion.