Airlines and ferry companies will have to warn immigration authorities if any foreign passenger fails to use the return leg of a travel ticket under a proposal to tighten the EU's anti-immigration laws.
The measure has been put forward by Spain, which stiffened its domestic legislation last January to cope with the influx of illegal immigrants, particularly from north Africa.
Under the proposal, air and ferry companies would be required to notify immigration authorities within 48 hours if a foreign national fails to use up the return leg of a ticket.
Failure to comply would cost airlines and ferry companies between €3,000 and €5,000 a passenger, the Spaniards have recommended to the EU Council of Ministers. In a briefing note for the Oireachtas Committee on European Affairs, the Department of Justice, Equality and Law Reform described the Spanish proposal as having "some significance".
However, the major elements of the Spanish proposal will not create any difficulties for the Government, since it is already in the process of tightening up on Irish immigration rules.
The Immigration and Residence Bill, which will update the law on immigration, residence, is due to published by the Minister for Justice, Equality and Law Reform, Mr McDowell, next year.
This will create an obligation for carriers to "provide immigration officers with a list specifying the names and nationality of passengers and any other information related to the identity of the persons as may be prescribed". However, the Spanish proposal goes into more detail stating that the information should include "the number of the passport and travel document used, nationality, name and date and place of birth".
The issue is being dealt with under the inter-governmental Schengen Agreement, which deals with internal border control, so Ireland will have until June 25th to decide whether or not it wishes to take part.
In addition, it makes clear that immigration authorities should delete the information forwarded once the necessary border checks have been completed. Since last January, immigrants going to Spain must produce a return travel ticket, medical insurance and proof of a firm job offer before they can apply for a work permit prior to leaving their home country.
However, human rights organisations insist that the regulations are useless and unworkable since most illegal immigrants work in Spain's black economy harvesting crops, or working on building sites.
