Conviction of a Union citizen or a family member for sexual crimes can constitute a basis for making a removal order on the grounds of public policy in respect of such a person under the EC (Free Movement of Persons)(No. 2) Regulations 2006.

When assessing whether or not to make such an order, the Minister for Justice is entitled to take into account the nature and seriousness of the criminal conduct and the attitude and subsequent behaviour of the offender. That may be considered alone or, in appropriate circumstances, cumulatively with other factors under the heading of “public policy” when deciding to remove or exclude such a person.

It is not necessarily relevant that the person has not committed any other offences in the meantime; a wider appraisal of the risk to public policy created by allowing him or her to remain in the State must be made by the Minister.

If, when making a removal order or affirming its making, the Minister comes into possession of material information pertaining to the risk posed by the applicant to public policy, it should be put to the applicant for comment in accordance with fair procedures.
A ministerial official who was involved in the decision-making process leading to the making of a removal order should refrain from having any involvement in deciding whether or not to affirm the order as part of any review application. Failure to do this will lead to an affirmation decision being set aside on the ground of objective bias.