The term "alien" will be dropped when new legislation is introduced to replace the Aliens Act, which was ruled unconstitutional by the High Court last Friday. The term "non-national" will be used instead.
The State will today ask the Supreme Court to set a date for a hearing of its appeal of the High Court decision, which had the effect of suspending the issuing of deportation orders made under the Aliens Act.
Counsel for the State Mr Frank Callanan SC told the High Court yesterday he was not seeking a stay on the judge's order because of the appeal and the fact that new legislation was being prepared. This is likely to be introduced towards the end of next week, according to sources in the Department of Justice.
In the light of Ireland's signing of the UN Convention on Human Rights in 1951, which was later than the introduction of the Aliens Act, there will be provision for the protection of the rights of would-be deportees. Sources say this will be based on the principles of natural justice and will include an opportunity to appeal.
Meanwhile, some legal sources working in the area consider it possible for people who have been deported under the Aliens Act to seek readmission to the State on the basis that their deportation was unconstitutional.
"The State has been aware that the Act was being challenged for several months, since these proceedings were instituted," said one.
Another source said a person seeking readmission could be told by the court he or she had not objected to deportation on constitutional grounds at the time, and be refused. But that person could also argue that, as "a penniless stranger in a strange land", he or she was not in a position to take such action, according to the source.