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Call for minister to suspend McGurk from IPAT following protest

Minister for Justice Helen McEntee has been urged to suspend Una McGurk (Pic: RollingNews.ie)
Minister for Justice Helen McEntee has been urged to suspend Una McGurk (Pic: RollingNews.ie)

A group representing asylum seekers in Ireland has written to Minister for Justice Helen McEntee calling on her to immediately suspend Una McGurk as a part-time member of the International Protection Appeals Tribunal (IPAT).

It follows Ms McGurk's speech at an anti-mask rally in Dublin city centre over the weekend, where she spoke alongside members of the Irish Freedom Party and others.

The event was organised by Health Freedom Ireland.

In its letter to Minister McEntee, the Movement of Asylum Seekers in Ireland said it is "deeply disturbed by the presence and participation of a member of the International Protection Appeals Tribunal (IPAT)" at the rally.

MASI said it raised questions about "Ms Una McGurk's impartiality when assessing appeals for international protection whilst associating herself with anti-migrant groups."

It called for Ms McGurk's immediate suspension and for a report into her conduct from the chairperson of IPAT, and then went on to call for her removal from her position in IPAT due to what it said was "a clear breach of the tribunal's code of conduct."

MASI wrote that it would also like to see a review of all IPAT decisions made by Ms McGurk, and for any deportation orders made following recommendations made by her to the minister to be revoked.

It also called for a commission of inquiry to be established into all of IPAT's decisions, citing concerns over the tribunal's overall rate of rejection of international protection appeals.

Yesterday Ms McEntee confirmed that she had "asked the chair of IPAT to act urgently" following Ms McGurk's appearance at the rally.

Ms McGurk is a part-time member of IPAT, and in her statement Ms McEntee confirmed that as minister she has the statutory powers to remove such members.

However, the minister added that she can "only act in a considered fashion, following a report from the Tribunal itself." 

In 2018 IPAT upheld 279 out of 917 appeals. In 2019 it upheld 452 out of 1,585.

Earlier the Taoiseach said that he did not believe that the position taken by Ms McGurk is "compatible with membership" of the tribunal.

Speaking on RTÉ's Today with Claire Byrne, Micheál Martin said he was "disturbed" by the protest, at which he said the language used, the use of the tricolour, and the notion that "this is a whole conspiracy by the State", was "inexplicable, dangerous nonsense."

On its website the event's organisers, Health Freedom Ireland, says it has no political affiliations.

Yesterday Labour justice spokesperson Brendan Howlin called on Ms McGurk to clarify if the remarks attributed to her at an anti-face mask rally are hers, and said that if so Ms McEntee should immediately act and remove her from IPAT.

Mr Howlin said that "reported comments indicate she has publicly accused State agencies of fabricating official statistics and has publicly argued, contrary to all the evidence, that the Covid-19 pandemic is 'fake'.

"For these reasons it is my view that if she did say those comments then her position on State Tribunal panels would be untenable and should now clairfy her position." he said.

On Saturday Sinn Féin justice spokesperson Martin Kenny called on Minister McEntee to clarify if Ms McGurk's presence at the rally was in breach of the criteria of her appointment.

Mr Kenny said it is of great concern that someone affiliated to a group such as the Irish Freedom Party would have any say about the appeals of people seeking asylum in this State.