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Dáil

Written answer

Deportation Orders

Summary

EU citizens posing a genuine, present and serious threat to public policy or security may face removal or exclusion orders, not deportation orders.

957. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether deportation can be considered in the case of an EU citizen convicted of unlawful killing; and the criteria that is applied for deportation in such a case. [65619/26]

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Jim O'Callaghan Minister for Justice, Home Affairs and Migration Fianna Fáil

I can advise the Deputy that the removal of people who are involved in criminality and those who are a danger to society is a priority for me as Minister and my Department works closely with An Garda Síochána and the Irish Prison Service to ensure high risk persons are prioritised for removal from Ireland.

Under the European Communities (Free Movement of Persons) Regulations 2015, which transposes the Free Movement Directive (Directive 2004/38/EC) into Irish law, orders can be made for both the removal and exclusion of citizens of the European Union, European Economic Area and Switzerland who represent a danger to public policy or public security. These orders can be made on the grounds of that the individual’s personal conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.

These orders, and their legal basis, are distinct from deportation orders which are legal orders to leave the State and remain outside of it, apply in respect of non-EEA nationals only.

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