Almost 140 EU citizens with criminal convictions subject of a removal order due to potential risk

Department of Justice also confirmed that a total of 11 people detained in Irish prisons have been transferred out of this jurisdiction under the Transfer of Sentenced Persons Act in the past three years.

Almost 140 EU citizens have been the subject of a removal order in the past three years due to the potential risk they pose.

Figures from the Department of Justice show 138 people were the subject of removal orders, signed by ministerial order, across 2019 to 2021, inclusive.

The department confirmed all had criminal convictions, with 64 people removed in 2019, 33 removed in 2020 and 41 last year, adding that in some instances these would be for minor offences and the individual concerned would have subsequently consented to be removed.

According to a spokesperson for the Department of Justice: 

Their conduct must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society to be subject to a removal order. 

"If the person has resided in the State for more than 10 years or is under the age of 18 years, a removal order can only be made on imperative grounds of public security.

"The family and economic circumstances of the person are also assessed, the nature of their social and cultural integration in the State, the health of the person and their links with their country of origin, in deciding whether or not to make such an order."

Transfer of prisoners

The department also confirmed that a total of 11 people detained in Irish prisons have been transferred out of this jurisdiction under the Transfer of Sentenced Persons Act in the past three years.

That is typically at the instigation of the inmate and facilitated under the act, although the minister is not obliged to grant a transfer.

Those applications can be granted if the person is regarded by the other state as a national of that state, where there is at least six months of a sentence left to serve and if the conduct constituting the offence would be a crime in the other state, among other criteria. The receiving state must also agree to the transfer.

More generally — and not linked to criminal offending — the department figures show the number of deportations of non-EU citizens fell dramatically last year, with just five people deported.

That compares to 59 in 2020 and 155 in 2019.

Criteria for deportation

Criteria for deportation include the age of the person, their duration of residence in the State, the family and economic circumstances of the person, their character and conduct, including any criminal convictions and considerations of national security and public policy. 

A spokesperson said the individual’s "character and conduct" is assessed both within and — "where relevant and ascertainable" — outside the State.

"Any and all criminal convictions are considered, including violent crime. An Garda Síochána notify the department of matters which may be relevant to its considerations. Equally, any permission granted can be revoked if the individual fails to obey the laws of the State or becomes involved in criminal activity.

"If the crime is serious or a violent crime, the person may be removed to their home member state or deported to their country of origin. 

"Since 2019, 219 non-EU citizens have had deportation orders enforced — it is important to note that these are overall annual deportation statistics and do not only relate to cases involving the conduct of the individual."