S.I. No. 128/1975 - Aliens (Amendment) Order, 1975.

S.I. No. 128 of 1975.

ALIENS (AMENDMENT) ORDER, 1975.

I, PATRICK COONEY, Minister for Justice, in exercise of the powers conferred on me by section 5 of the Aliens Act, 1935 (No. 14 of 1935), hereby order as follows:

1. (1) This Order may be cited as the Aliens (Amendment) Order, 1975.

(2) The Principal Order and this Order may be cited together as the Aliens Orders, 1946 and 1975, and shall be construed together as one Order.

(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

(4) This Order shall come into operation on the 1st day of August, 1975.

2. (1) In this Order "the Principal Order" means the Aliens Order, 1946 (S.R. & O., No. 395 of 1946).

(2) In the Aliens Orders, 1946 and 1975, "alien" does not include a person born in Great Britain or Northern Ireland.

3. The Principal Order is hereby amended by the substitution for Article 5 of the following Articles:

" 4. An alien may not enter the service of an employer in the State save in accordance with a permit issued to the employer by the Minister for Labour.

5. (1) An alien coming from a place outside the State other than Great Britain or Northern Ireland shall, on arrival in the State, present himself to an immigration officer for leave to land.

(2) An immigration officer may refuse leave to land to an alien coming from a place outside the State other than Great Britain or Northern Ireland where the immigration officer is satisfied that the alien—

( a ) is not in a position to support himself and any accompanying dependants;

( b ) although wishing to take up employment in the State, is not in possession of a valid permit for such employment issued to the prospective employer by the Minister for Labour;

( c ) is suffering from a disease or disability specified in the Fifth Schedule to this Order;

( d ) has been convicted (whether in the State or otherwise) of an offence punishable under the law of the place of conviction by imprisonment for a maximum period of at least one year;

( e ) not being a citizen of a State specified in the Sixth Schedule to this Order, is not the holder of a valid Irish visa;

( f ) is the subject of a deportation order;

( g ) has been prohibited from landing by order of the Minister under the Aliens Act, 1935 (No. 14 of 1935);

( h ) belongs to a class of aliens prohibited from landing by order of the Minister under the Aliens Act, 1935 ;

( i ) is not in possession of a valid passport or other document which—

(I) establishes his nationality and identity to the officer's satisfaction,

(II) was issued by or on behalf of an authority recognised by the Government, and

(III) does not purport to have been renewed otherwise than by or on behalf of such an authority;

( j ) intends to travel (whether immediately or not) to Great Britain or Northern Ireland and the officer is satisfied that the alien would not qualify for admission to Great Britain or Northern Ireland if he arrived there from a place other than the State; or

( k ) having arrived in the State in the course of his employment as a seaman or as a member of the crew of an aircraft has remained in the State without the leave of an immigration officer after the departure of the ship or aircraft in which he arrived.

(3) An immigration officer who refuses leave to land under paragraph (2) of this Article to an alien shall as soon as may be inform the alien in writing of the ground or grounds in that paragraph on which leave to land is refused.

(4) An alien to whom leave to land has been refused under paragraph (2) of this Article or who is deemed under Article 6 of this Order to be an alien to whom leave to land has been refused may be arrested by an immigration officer or by a member of the Garda Síochána and, where so arrested, may be detained under warrant of that officer or member in any place specified in the Fourth Schedule to this Order by and in the custody of such officer of the Minister or member of the Garda Síochána as is for the time being in charge of that place.

(5) An alien detained under paragraph (4) of this Article may be detained only until such time (being as soon as practicable) as he is removed from the State under Article 7 of this Order.

(6) An immigration officer may attach conditions as to the duration of stay and the engagement in business permitted to an alien granted leave to land, and the alien shall comply with the conditions.

(7) ( a ) This paragraph applies to an alien arriving in the State from Great Britain or Northern Ireland.

( b ) An alien to whom this paragraph applies, who is not a citizen of a State specified in the Sixth Schedule to this Order, shall have a valid Irish visa.

( c ) An alien to whom this paragraph applies and who is coming to engage in employment or to establish himself in business in the State shall within seven days of entering the State—

(I) report in person to the registration officer of the district in which he intends to reside,

(II) produce to the officer a valid passport or some other document establishing his nationality and identity, and

(III) furnish such information as the officer may require regarding the purpose of his arrival in the State.

( d ) An alien to whom this paragraph applies and who is coming to engage in employment or to establish himself in business in the State shall not remain in the State for longer than one month without the permission of the Minister expressed in writing by or on behalf of the Minister.

( e ) An alien to whom this paragraph applies who is not coming to engage in employment or to establish himself in business in the State shall not remain in the State for longer than three months without the permission of the Minister expressed in writing by or on behalf of the Minister.

(8) The Minister may, by a notice in writing issued on his behalf, attach such conditions as to duration of stay and engagement in business in the State as he may think fit to the grant of leave to land or leave to stay in the State, and may at any time amend such conditions as he may think fit, and the alien concerned shall comply with any such conditions."

4. The First Schedule to the Principal Order is hereby amended by the substitution of the following for Part I:

"PART I.

Cobh

Cork

Cork Airport

Dublin

Dublin Airport

Galway

Moville

Rosslare

Shannon Airport".

5. The Principal Order is hereby amended by the insertion after the Third Schedule of the following new Schedules:

"FOURTH SCHEDULE.

Bridewell Garda Station, Cork;

Bridewell Garda Station, Dublin;

Cork Prison;

Fitzgibbon Street Garda Station, Dublin;

Galway Garda Station;

Limerick Prison;

Mountjoy Prison;

New Ross Garda Station;

St. Patrick's Institution, Dublin;

Shannon Airport Garda Station;

Waterford Garda Station;

Wexford Garda Station.

FIFTH SCHEDULE.

(1) Diseases subject to the International Health Regulations for the time being adopted by the World Health Assembly of the World Health Organisation;

(2) Tuberculosis of the respiratory system in an active state or showing a tendency to develop;

(3) Syphilis;

(4) Other infectious or contagious parasitic diseases in respect of which special provisions are in operation to prevent the spread of such diseases from abroad;

(5) Drug addiction;

(6) Profound mental disturbance; manifest conditions of psychotic disturbance with agitation, delirium, hallucinations or confusion.

SIXTH SCHEDULE.

6. Article 3 of the Principal Order is hereby amended—

( a ) by the substitution for the definition of "registration district" of the following:

"'registration district' means, in the Dublin Metropolitan Area of the Garda Síochána, that Area, and elsewhere a Garda Síochána District;", and

( b ) by the substitution for the definition of "registration officer "of the following:

"'registration officer ' means in the Dublin Metropolitan Area of the Garda Síochána, the officer in charge of the Aliens Registration Office in that Area, and elsewhere the Superintendent of the Garda Síochána for the District".

7. The following are hereby revoked—

( a ) the Aliens (Amendment) Order, 1962 ( S.I. No. 112 of 1962 ),

( b ) the Aliens (Amendment) Order, 1972 ( S.I. No. 182 of 1972 ),

( c ) the Aliens (Amendment) (No. 2) Order, 1972 ( S.I. No. 232 of 1972 ).

8. Nothing in this Order shall derogate from—

(i) any of the obligations of the State under the Treaties governing the European Communities,

(ii) any act adopted by the institutions of those Communities to implement any such obligations, or

(iii) the provisions of the European Communities (Aliens) Regulations, 1972 ( S.I. No. 333 of 1972 ).

GIVEN under my Official Seal, this 24th day of June, 1975.

PATRICK COONEY,

Minister for Justice.

EXPLANATORY NOTE.

This Order revokes the Aliens (Amendment) Orders, 1962 and 1972 and the Aliens (Amendment) (No. 2) Order, 1972 and otherwise amends the Aliens Order, 1946.

One of the effects of the Order is to terminate the special position under the Aliens Orders of citizens of certain countries listed in the Aliens (Amendment) Order, 1962.