IHREC raises allegations of racial profiling at cross-border checks

The IHREC have been asked to examine a reported operation by the Garda National Immigration Bureau (GNIB) of selective passport checks on buses that cross the border, specifically concerning racial profiling. 

The State’s human rights body has raised allegations of ‘racial profiling’ by gardaí at cross-border checks after receiving complaints from civil society organisations.

The organisations have asked the Irish Human Rights and Equality Commission (IHREC) to examine the matter and, as part of that, the commission has engaged in correspondence with the Policing Authority, the Garda oversight watchdog.

In a letter to authority chief executive Helen Hall, IHREC chief commissioner Sinéad Gibney said: “I’m writing to you regarding a matter brought to our attention by a number of civil society organisations, and which we have been asked to consider in respect of our own statutory mandate.

“It relates to the reported operation by the Garda National Immigration Bureau (GNIB) of selective passport checks on buses that cross the border while undertaking journeys within the Ireland-UK Common Travel Area (CTA).

Ms Gibney added: 

“The organisations who’ve been in contact with us are specifically concerned about racial profiling.” 

She asked the authority if it has been provided with any information from An Garda Síochána as to the implementation of section 11 of the Immigration Act 2004 in respect of North-South travel within the CTA.

The Policing Authority said it has discussed the correspondence internally and noted that this matter had been subject of previous engagement with the Garda Commissioner and his senior team in October 2019.

It said information regarding procedures and guidance for immigration checks undertaken by the GNIB had been provided to the authority last April.

In response to the IHREC correspondence, it said a letter was sent to the Commissioner in late November.

The Garda Press Office said senior management were considering the letter. It said immigration checks are carried out by Garda Immigration Units, both preventative and intelligence-led, including checks on public transport or other public service vehicles travelling from the north.

“These checks have been conducted over a number of years in order to identify and prevent persons from illegally entering the jurisdiction in line with the requirements of sections 11 and 12 of the Immigration Act 2004 relating to documents of identity and supply of information and, in some cases, the production of documents.” 

It went on to say, that anyone entering the jurisdiction, who is not an Irish or UK national, is required to have their national ID card or equivalent if they are European nationals while nationals from a third country must have their national passport and a valid Irish visa where necessary.

The statement detailed a recent operation during which a public service vehicle was searched in Louth. Two men from a third country were found to have no identification.

"During follow up immigration permission checks both males requested asylum and were placed in the care of the International Protection Office," gardai said. “Since 2018 the Immigration Unit attached to Louth Garda Divisions has detected more than 330 persons attempting to enter the State illegally.”