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Aer Lingus introduces language tests for foreigners

category national | rights, freedoms and repression | news report author Monday March 12, 2012 08:12author by Stuart Report this post to the editors

Racism probably aimed at African and Asian migrants

Aer Lingus (http://www.aerlingus.com/aboutus/), the national flag airline of Ireland, has introduced language tests at check-in for foreigners flying to Ireland. The tests are stated to be a security measure intended to detect imposters travelling on fake or stolen passports from a number of European Union countries. The selected foreign nationals are required to pass a written comprehension test in English and in their own language before admission to the flight. The affected countries are stated to be Greece, Italy and Portugal.

Although targeting 'high-risk' EU nationals, the language tests are probably aimed at detecting Asian or African migrants travelling on passports from these countries. This may be a taste of things to come in Ireland, with language and civics tests on Alan Shatter's list of priorities for 2012 (http://www.inis.gov.ie/en/JELR/Pages/PR12000001)
Aer Lingus introduces racist language testing
Aer Lingus introduces racist language testing

Aer Lingus has introduced pre-flight language tests for foreigners checking in to flights to Ireland. Aer Lingus is the national flag-carrier airline of Ireland and is 25.4 per cent owned by the Irish government. The new tests are conducted by Aer Lingus check-in employees, or by their foreign handling agents in overseas airports and are conducted in full public view within the queue in the departure area. The tests are notconducted by immigration or security officers, but civilians with minimal training. In some cases the staff are not able to read the language of the tests, even the English language version.

This process of publicly humiliating its own paying customers includes extremely primitive tests of comprehension - "sketch a triangle" and deeply degrading questions with unclear purpose - "show me any cash you have in your possession". The tests are probably intended to detect non-EU nationals - Asian and African migrants - using EU passports.

Aer Lingus refuses to comment on why they have instituted the policy. The response from Aer Lingus about the purpose, nature and scope of these new tests was limited to "Airlines are subject to fines if a passenger travels without valid documentation.". The Spanish handling agents for Aer Lingus, a company called Newco Airport Services (www.newcoas.es), was more forthcoming and has explained the policy as follows:

"1. We, as handling agent for Aer Lingus, perform systematic controls of the documentation of all passengers as required by the airline.
"2. For this task, we are provided with the clues and tools to perform such controls. One the most effective tools to determine if the passenger is carrying a valid document, or we have to ask for the help of the Police, is a language test.
"3. One of the most forged documents is the Greek passport together with the Portuguese and the Italian. Forged Greek passport are often used due to the difficulty Spanish people have to determine if the passenger speaks accurately. In fact, most of the Greek passports we have dealt with have turned out to be fraudulent documents."


In the age of biometric passport scanners, high-technology video surveillance and banking vigilance, it seems absurd that such primitive means would be employed against the pre-booked citizens of the European Union. Given the stated discrimination against citizens of a small number of countries within the European Union, it seems certain that the policy is legally dubious under Irish equality law or under European law protecting the rights of free movement.

The Tests

LANGUAGE TEST: ENGLISH
1. Please write your forenames and family name in capital letters.
2. Please underline the numbers twelve and sixty-five:
- 12 18 24 37 41 49 57 65 73 89
3. Please write down in the following order: Your date of birth, place of birth and today's date.
4. Please point to the last page and to your photograph in the document before you.
5. Please show me any cash you have in your possession.
6. Please sketch a ladder and a triangle.
7. Please read out the script on the page of your document indicated.
8. What is your travel destination?
9. Please write the following numbers in figures:
- Eight hundred and seventy-seven, four hundred and twenty-one.
Date/Place:


Point of Origin?

The Garda National Immigration Bureau (http://www.garda.ie/controller.aspx?page=31), the Department of Justice Irish Naturalisation and Immigration Service (http://www.inis.gov.ie/) have stated unequivocally that pre-flight language tests are not a requirement for travel to Ireland and that the issue is entirely a matter of Aer Lingus internal security policy. However, the tests themselves betray an interesting linguistic feature in Question 8, rendered in English as "What is your travel destination?", but in Greek as "Που θα πατε στιν Αγγλια;" ("where are you going in England?", perhaps because Aer Lingus obtained the text from a UK source.

It is interesting in this regard that Irish Minister for Justice, Alan Shatter, signed a Joint Agreement with UK Minister for Immigration, Mr Damien Green regarding cooperation on measures to secure the external Common Travel Area border on 20 December 2011 (http://www.inis.gov.ie/en/INIS/Pages/Joint%20Agreement%...order). The Joint Agreement followed the successful appeal by more than 30 asylum seekers against their return to Greece (their point of entry to Europe), where they would face inhumane treatment (http://www.independent.ie/national-news/loophole-halts-....html).

Aer Lingus also participates in the UK Borders Agency Risk and Liaison Overseas (RALON) system, a scheme designed to protect the Common Travel Area (CTA) of the UK, Ireland, Channel Islands and the Isle of Man from non-European migrants. RALON is described by the UKBA as:
"Our risk and liaison overseas network (RALON) Checks before arrival teams work from 50 locations worldwide. RALON officers help airlines and local border control authorities ensure that passengers have valid passports and visas before they travel to the UK. Last year our network prevented more than 68,000 people without the correct documents travelling to the UK. Our border controls rely on airline officials overseas checking the travel documents of foreign nationals before they accept passengers for flights. Airlines can be fined significant sums for allowing improperly authorised passengers to travel to the UK. Since 2004 we have been providing practical advice and training to airline staff and law enforcement officials overseas. We trained more than 15,000 people last year to detect forgery and identify impostors." (http://www.ukba.homeoffice.gov.uk/sitecontent/documents...-plan)

So are we now policing Her Majesty's borders for her?

Related Link: http://www.irishtimes.com/newspaper/ireland/2012/0312/1224313153577.html

Language test being applied at Aer Lingus check-in desk
Language test being applied at Aer Lingus check-in desk

author by Stuartpublication date Mon Mar 12, 2012 09:18author address author phone Report this post to the editors

Here is the English test. The foreign language versions are also headed (in English capitals) "LANGUAGE TEST: GREEK" etc, with translations of the questions intended, presumably, to return responses matching the English version.

Interestingly, where the English tests asks "8. What is your travel destination?" the Greek test asks "Που θα πατε στιν Αγγλια; (Where are you going to in Britain?)" - Aer Lingus were probably unaware of the meaning of the Greek translation.

Language Test: English
Language Test: English

author by Point of Orderpublication date Mon Mar 12, 2012 13:41author address author phone Report this post to the editors

I heard Dr Dislis (the white woman in the Times story) on the radio this morning http://www.rte.ie/news/morningireland/player.html?20120...2C257 and she sounded very well-spoken. I am sure that, for example, Question 4 - "point to the last page and your photo in the document in front of you" - should never have been applied to someone who is clearly European and speaks English well.

So who are the real targets? Asian and black people with stolen Southern European passports? And why the refusal to talk about the policy? It can not be appropriate for Aer Lingus checking clerks to be judging foreigness to pick out suspect stolen passports with such crude and offensive methods. And it is almost certain that they are not being trained in migrant rights and asylum laws.

I am guessing that most of the people that this testing is used against are being questioned in dark corners and deprived of any rights without Europe hearing a word about it.

author by opus diablos - the regressive hypocrite partypublication date Mon Mar 12, 2012 14:04author address author phone Report this post to the editors


Shatter brings in a bill like this, when the bill we need is one to check Irish passport-holders for Mossad affiliations..given their tendency to print them and use them for terror hits...maybe instead of making him Minister for both Defense and Justice he should have been sent over as Ambassador....he seems fond of the place.

I mean ambassador to Palestine...with residence in Gaza...he has such an exhalted view of conditions in Gaza I'd say he'd be hard to restrain.

Next reshuffle, maybe.

author by Scents and Scentsibilitypublication date Mon Mar 12, 2012 15:33author address author phone Report this post to the editors

The sense of Alan Shatter is evident when comparing his priorities at home and in Israel.

Here he wants borg-like assimilation: "Completion of work on the development of an English language/civics test for naturalisation applicants. Such tests are a standard part of the naturalisation process in many countries worldwide; the ability to speak the language – even at a most basic level - together with some knowledge of the way business is conducted in Ireland is an essential part of the integration process for immigrants and must form an integral part of eligibility for naturalisation." http://www.inis.gov.ie/en/JELR/Pages/PR12000001 (also Shatter and Islam: http://www.alanshatter.ie/?p=265)

There he supports borg-like annihilation: "We must, however, also recognise reality and understand neither Israel nor any other State could be expected to take no action to defend its citizens from the death, maiming and destruction caused by suicide bombers and rockets fired from neighbouring territory. Nor should we expect Israel to do something this State refused to do in developing our own Peace Process i.e. negotiate with those who reserve their perceived right to resort to terror and who are prepared to justify it when perpetrated by others." http://www.alanshatter.ie/?p=285

Aer Lingus really needs to be forced into disclosing where this test comes from, and what purpose it is designed to serve. It indicates a despicable attitude to migrants somewhere, and if it is the Justice Department and their new friends in the UK / CTA then we need to know.

author by Learned Irish.publication date Mon Mar 12, 2012 19:02author address author phone Report this post to the editors

You can catch people out by posing a loaded question.
Even the learned Irish!

When asked, most ordinary English people didn't know who Queen Anne was.
Some of the questions about England even left the English Prime Minister flourendering.

Immigrants were expected to answer questions about England which the Prime Minister of England could not answer.

author by Gimperpublication date Mon Mar 12, 2012 19:42author address author phone Report this post to the editors

Céad míle fáilte

Céad míle fáilte
Céad míle fáilte

Related Link: http://www.rte.ie/news/av/2012/0312/media-3224932.html
author by Ednapublication date Mon Mar 12, 2012 20:45author address author phone Report this post to the editors

Coincidentally, Enda Kenny and David Cameron had a love-in today:

"We will prepare a joint evaluation of the depth of economic relations between the UK and Ireland and of the opportunities for closer collaboration in support of growth to our mutual benefit.
"We remain firmly committed to preserving and protecting the Common Travel Area, which allows ease of travel for our people. We will continue to work together on immigration issues, and to combat potential vulnerabilities from terrorism, illegal immigration and organised crime."
http://www.rte.ie/news/2012/0312/kenny_cameron.html

So immigration = illegal = terrorism = organised crime.

I suppose that makes it much more comfortable when you watch Africans drowning in the Mediterranean, Afghans dying of hypothermia, Kurds being bombed en masse by our good friends in Turkey, etc, etc.

Sunbathers ignore a migrant's corpse, Tarifa, Spain
Sunbathers ignore a migrant's corpse, Tarifa, Spain

Related Link: http://www.rte.ie/news/2012/0312/kenny_cameron.html
author by leftypublication date Mon Mar 12, 2012 21:13author address author phone Report this post to the editors

Analysis:

This is as near to an acknowledgement from the powers that be that life in greece
has been made untenable and they expect rational people to try and get out to other countries.
So they have put the word out to watch out for greeks trying to escape their enforced bank debt prison

author by Point of Orderpublication date Mon Mar 12, 2012 21:47author address author phone Report this post to the editors

Lefty, you could be right.

Immigration appeals to deport people from Ireland to Greece failed late last year because Greece has no capacity http://www.europolitics.info/europolitics/council-reinf....html and their position in Greece would be inhumane http://www.irishtimes.com/newspaper/breaking/2011/1221/....html

We are just a little green blob hanging off the bottom of the remnants of the empire when it comes to immigration policy, and jump when Britain says jump because our own travel freedom relies on protecting their border.

But there could be an element of punishing Greece, or admitting a massive economic blunder - the statement from German State Secretary for Home Affairs Ole Schröder is massively self-contradictory: "In 2011, Germany kept 5,000 asylum seekers who entered the Union through Greece. This country must assume its responsibilities and set up an asylum system," he thundered. "Greece does not have enough detention capacity. This is not a question of money, but the consequence of an incapacity by Greek authorities to identify their needs and absorb European funds", explained an official who preferred to remain anonymous.

author by vmarpublication date Tue Mar 13, 2012 08:54author address author phone Report this post to the editors

Well, if somebody unfortunate happens to be illiterate, does he have a change to fly?

author by Stuartpublication date Tue Mar 13, 2012 09:40author address author phone Report this post to the editors

One of the first things I asked was the effect on people with cognitive impairments - learning disabilities, developmental disorders, dyslexia, progressive diseases of ageing, dementia. There are so many people who would find a written test of this kind difficult, and many more who would find the circumstances so upsetting that their abilities would be compromised.

That is the whole point here - the test is conducted by the Aer Lingus check-in staff at the front of the queue, when handing in luggage and exchanging a ticket for a boarding card. They are check-in staff, not immigration officials. It is in a very public place, not a private interview room. It is a very noisy, high stress environment, surrounded by agitated passengers.

Aer Lingus check-in desk, Barcelona Airport
Aer Lingus check-in desk, Barcelona Airport

author by Greek "barbarian"....publication date Tue Mar 13, 2012 10:54author address author phone Report this post to the editors

So, this air company tries to identify illegal immigrants. Not their businees, but that's what they claim.

And what happens if somebody wants to visit Ireland as a tourist? Does he needs to speak perfectly the English Language?

If this is the case then when one travels to France he should speak French, in Germany German, in Spain Spanish and when you try to visit Greece you should have first some Greek Lessons!!!!

I will never choose this air company again...

author by Michael Youlton - Hellenic Community of Irelandpublication date Tue Mar 13, 2012 12:39author address author phone Report this post to the editors

The Greek media, as indicated above, is covering extensively the incident where a Greek lady, living and working in Ireland for many years, in her return here from Spain, was subjected to a degrading treatment. She was asked to fill a ludicrous questionnaire in both Greek and English....when on her return she contacted Aer Lingus she received no satisfactory answer and no apology.
Our information is that the Equality Authority is now looking at the matter. Incidentally, we are told she was given a 200 Euro voucher by Aer Lingus to be redeemed during her next Aer Lingus flight. Facts, at times, defy logic and sense!!

Following the Taoiseach's despicable earlier comments that "We here in Ireland are nott Greeks" this is another example how the economic blunders of the elites, both here and in Greece and above all in Europe, are having negative political and cultural consequences.

We need to work closely with all our European friends, we need to support our brothers and sisters and unite against austerity.

author by opus diablos - the regressive hypocrite partypublication date Tue Mar 13, 2012 13:00author address author phone Report this post to the editors

Sarko is currently electioneering by ripping the Schengen committments and immigrant bashing....austerity is just a taste of what Europe has been imposing on the planet for millennia.

Solutions will be global, or inadequate.

author by leftypublication date Tue Mar 13, 2012 20:34author address author phone Report this post to the editors

"Aer Lingus is hot topic in Greece today with racist discrimination of Greek - bad from likewise small country with history of occupation, racism against our own peoples."

erm..its not actually the irish people doing this. we didn't have any say in this policy. its our respective governments, the EU and the corporations responding to their diktats. The Irish people are being screwed just like the greek people (and for that matter the ordinary german people).

The powers that be would like nothing more than the serfs to fight among themselves instead of uniting against the financial terrorists

author by Patpublication date Tue Mar 13, 2012 20:38author address author phone Report this post to the editors

Aer Lingus confirms that they are implementing UK Borders Agency policy on behalf of the UK government. This is just unbelievable. http://www.miamiherald.com/2012/03/13/2691419_p2/apnews....html

Aer Lingus spokeswoman Gillian Culhane, contacted by the AP, said the airline was sorry for the upset that Dislis and her family had suffered. Later, Culhane said the airline had suspended use of the tests effective Tuesday.

Culhane said Aer Lingus received the tests from the United Kingdom Border Agency in early 2011 as part of a British warning that illegal immigrants were increasingly using fake Greek passports, particularly through Spain and Portugal, to gain entry to Britain and Ireland. The British and Irish maintain border controls with the rest of Europe but do not require passports to travel between their own two countries.

The UK Border Agency did not respond to AP questions seeking clarification on its tests, how widely they have been used, by which airlines, and any statistics to show how many people had been refused permission to fly because they could not write, read or speak the language of their passport origin.

Officials at the Spanish airline handling agency Newco, Spain's National Airport Authority and the Spanish National Police said they could shed no light on the extent of use of such language-proficiency tests at airline check-in desks.

Newco said it had no official available to speak on the subject because the company is in turmoil following a February bankruptcy order and massive staff layoffs. The other two agencies said they were unaware that companies operating in Spain were using British language tests at check-in desks.


This is something that should be raised in the Dáil immediately, or earlier.

author by Λουλουpublication date Tue Mar 13, 2012 22:04author address author phone Report this post to the editors

Letter from Greek embassy to Ireland of this incident.

Η Ελληνική πρεσβεία στην Ιρλανδία
Η Ελληνική πρεσβεία στην Ιρλανδία

author by Stuartpublication date Wed Mar 14, 2012 12:11author address author phone Report this post to the editors

The United Kingdom Borders Agency Risk and Liaison Overseas network, the programme that Irish national airline Aer Lingus has been implementing since 'early 2011', is described in full in the UK Border Agency business plan, April 2011 to March 2015 (available online at http://www.ukba.homeoffice.gov.uk/sitecontent/documents...-plan).

Somebody should be asking Aer Lingus why their check-in staff are running immigration (and denial of boarding) on behalf of the British government.

Risk and liaison overseas

Our risk and liaison overseas network (RALON) teams work from 50 locations worldwide. RALON officers help airlines and local border control authorities ensure that passengers have valid passports and visas before they travel to the UK. Last year our network prevented more than 68,000 people without the correct documents travelling to the UK.

Our border controls rely on airline officials overseas checking the travel documents of foreign nationals before they accept passengers for flights. Airlines can be fined significant sums for allowing improperly authorised passengers to travel to the UK. Since 2004 we have been providing practical advice and training to airline staff and law enforcement officials overseas. We trained more than 15,000 people last year to detect forgery and identify impostors.

RALON also gathers intelligence overseas to identify threats to our border controls. We will work with other UK officials based abroad to improve aviation security. We will also work with overseas law enforcement agencies to improve our joint response to crime. During 2010-11 we strengthened the network in those regions that are the biggest threats. We will keep a broad geographic reach for RALON. Checks will continue to be risk-based and targeted.

Checks before arrival

As part of the visa process we fix and confirm the identity of applicants biometrically. We check fingerprints against immigration and UK criminal databases. In 2010 we considered around 2.5 million visa applications but refused approximately 400,000 visas (5).

We also use technology and intelligence to make checks before people or goods reach Britain. The freight-targeting system and e-Borders are our key resources in vetting goods and people. The freight targeting system allows us to target goods coming to the UK by ferry or as sea freight.

The e-Borders programme allows us to check the identity of passengers and crew before they travel. During 2010 e-Borders checked around 125 million (6) people travelling to or from the UK against watchlists, leading to more than 2,800 arrests. e-Borders consists of three linked elements:

• a means for carriers to pass information to us
• a system to check the information against watchlists
• the national border targeting centre.

Our national border targeting centre enables law enforcement and security agencies to identify and act against:

• known terrorist suspects or their associates
• fugitives from justice
• illegal immigrants.

By the end of 2013 we project that e-Borders coverage could reach 95 per cent of air passengers and crew. By the end of 2014 we hope to cover 95 per cent of all movements, including those by rail or sea.

As with any major programme there are, however, a number of dependencies which will influence the points at which we reach these levels of coverage. We continue to focus on ensuring compatibility between e-Borders, data protection and the free movement of people within the European Union. In 2010-11 we negotiated with the European Commission, the Irish government and the French data protection authority. Agreement was reached to enable the exchange of information on airline passengers, provided it does not prevent the free movement of labour within the European Union. We are working with airlines and other carriers to extend this to more European routes. We will evaluate the potential to develop a no-fly system to further enhance pre-travel controls.

(5) The data is derived from management information. It is provisional and subject to change.
(6) Derived from management information for the period 1 January to 25 December 2010.

author by Λουλουpublication date Wed Mar 14, 2012 13:23author address author phone Report this post to the editors

This woman talk also good Greek! She appear on many Greek TV channels today about Aer Lingus racist test:

http://www.star.gr/ellada_kosmos/135358/
http://www.megatv.com/koinoniaoramega/default.asp?catid...49305
http://www.youtube.com/watch?v=hbCmOPKueI8

She explain well a problem of Aer Lingus and of Irish government to apologize for this test.

author by Stuartpublication date Wed Mar 14, 2012 16:40author address author phone Report this post to the editors

This image is adapted from the British Home Office map of the Risk Liaison Overseas network map available at http://www.ukba.homeoffice.gov.uk/sitecontent/documents...p.pdf - trimmed to Europe area with the UK highlighted.

This shows the 'external border' of the United Kingdom that Aer Lingus has elected to police against 'suspicious' foreign travellers on behalf of the UK Borders Agency.

Aer Lingus staff managing Risk Liaison Overseas Network borders
Aer Lingus staff managing Risk Liaison Overseas Network borders

Related Link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/transportindustry/rlon_network_map.pdf
author by Anthony Gpublication date Thu Mar 15, 2012 11:49author address author phone Report this post to the editors

On the rare occasion that I've had to use an airline, I always tried to go with Aer Lingus over Ryanair because it was generally a more pleasant experience and they treated their workers better. Unfortunately, those days are clearly long gone.

This story is so bizarre on so many levels, I wouldn't have believed it were it not for the excellent and well presented research by Stuart. This has the makings of a good front page feature.

author by Stuartpublication date Thu Mar 15, 2012 12:51author address author phone Report this post to the editors

PASOK PARLIAMENTARY GROUP AT THE EUROPEAN PARLIAMENT

COMMUNICATIONS DEPARTMENT PRESS RELEASE

Strasbourg, March 15 2012


EU position on arbitrary checks on Greek travellers asked by MEPs and Spyros Danellis and Dimitris Droutsas

PASOK MEPs Spiros Danellis and Dimitris Droutsas have criticized arbitrary controls on Greek citizens exercised at European airports and have co-signed a written question in Strasbourg calling for the position of the European Commission on the subject
from Strasbourg to subscribe to a written question. Specifically, they ask the Commission to determine whether these controls are a violation of the basic right of free movement of European citizens.

"The arbitrary control practiced by airlines and airport authorities can not be promoted as addressing any problem with the passport system of the Schengen countries," observed the two Greek MEPs referring, among others, to a recent complaint lodged by a Greek woman subjected to written language tests by an Irish airline.

The written question emphasizes that the development of common European safety standards for biometric passports was designed to ensure reliability and combat fraud. MEPs seek to learn which other companies and Member States undertake such additional audits, and what steps the Commission will take to prevent their spread.

The reason for the intervention was the incident involving a Greek woman revealed by the Irish press a few days ago, bringing to light the practice of language testing of Greek passport holders by at least one airline. Also, a Greek newspaper shows that Aarhus airport in Denmark requires non-Danish citizens of the EU (initially Greeks, then other states) to have a second form of identification in addition to their passport upon arrival at the airport.

On the occasion of the submission of the question, Spyros Danellis said that "it is unacceptable that the traveller does not know what to expect when they arrive at a European airport. Tolerance by European authorities to such phenomena may lead to a gradual whittling away of free movement of European citizens, which is not only a basic right but a key achievement of the EU in a period of doubt".

On his part, Droutsas said: "In a very difficult time for Greece, it is inconceivable to undermine the rights of Greek citizens, rights which are a natural consequence of our participation in the European Union. At this very juncture, the role of the European Commission is extremely critical in ensuring that Greek citizens will not be victims of discrimination due to misinformation, prejudice, or simple dislike on the part of anyone."

Mr Droutsas is Vice President of the Industry, Research and Energy Committee and a member of the Civil Liberties Committee of the European Parliament. Mr Danellis is a member of the Committee on Transport and Tourism of the European Parliament.

The full text of question:

"The safety standards for biometric passports issued by Member States of the Schengen area were defined in detail in Regulation 2252/2004 of the Council with the intention of combating fraud via reliable connection of passports to their holders.

However, a recent incident uncovered by the Irish press a few days ago brought to light the practice of language testing of Greek passport holders on behalf of at least one airline to confirm identity. A second publication, a Greek newspaper, refers to a complaint showing that Aarhus airport, Denmark, demands non-Danish EU citizens (initially Greeks, then other states) have a second form of identification, in addition to their passport upon arrival at the airport.

Arbitrary control practices by airlines and airport authorities can not be promoted as a method of addressing any problem with the passport system of the Schengen countries.

The Commission is asked:

1. Is it aware of this or similar practices of further verification by other airlines or airport authorities?
2. If yes, which are these companies and in which Member States do these practices apply?
3. Does it believes that such verifications violate the right of free movement of EU citizens within the European Union?
4. What steps does it intend to take to prevent the spread of such phenomena and to maintain a unified way of checks for the travelling public by all the companies and airports?"

author by Stuartpublication date Thu Mar 15, 2012 15:50author address author phone Report this post to the editors

EUROPEAN PARLIAMENT

Written Question to the European Commission by George Papanicolaou

Racist treatment by a Greek airline Aer Lingus


According to a complaint from a Greek citizen, she was forced by a subcontractor of the airline Aer Lingus to undergo proficiency tests at check in at Barcelona Airport, completing an incomprehensible and illegitimate questionnaire in English and in Greek, to allow her to return to Ireland. The Greek citizen was in Barcelona along with her family, her husband and their child. The English and Greek test by Aer Lingus requested name, date and place of birth, destination and a declaration of cash funds, identifying written numbers, knowledge tests, reading and sketches. The passenger complained to both the subcontractor and the airlines, as well as forwarding the incident to the European Commission.

The full text of the question:

The Commission is asked:

- Since the practice applied by the airline is racial discrimination and violates the European Convention, the Schengen Treaty and the Convention on Human Rights, what measures are envisaged by the Commission against the company concerned?

- Will the Commission check to what degree this practice is standard policy, because this is what the company claimed in order to persuade the passenger to submit to the test?

- Have similar practices come into widespread use by airlines in Europe?


George Papanicolaou, 13/03/2012

author by Chryssa Dislispublication date Fri Mar 16, 2012 16:05author address author phone Report this post to the editors

I have today received the following formal written statement from Aer Lingus:

Aer Lingus, Dublin Airport, Dublin, Ireland

March 16, 2012

Dear Dr. Ntislis

Thank you for taking the time to speak to me over the last few days.

From the outset, I offer renewed apologies for the upset and inconveniences caused to you on 6 January prior to your flight with us from Barcelona.

The test you were asked to complete was inappropriate and I assure you that our Handling Agents have been instructed that the policy to conduct a language test for customers holding Greek passports has been revoked. I am happy to confirm that their was no issue with you personally or with your passport.

As a tangible gesture of goodwill to a valued customer, I would like to offer a complimentary return flight on any Aer Lingus operated scheduled services on our European network to you, your husband and daughter. When you wish to avail of this, let me know the flights and dates required and I will personally make the necessary arrangements for you.

I look forward to hearing from you and I hope Aer Lingus will have an opportunity to serve you and your family again in the not too distant future.

Yours sincerely

James Clarke
Chief Executive's Office

Formal written statement from Aer Lingus
Formal written statement from Aer Lingus

author by Χρύσα Ντισλή (Chryssa Dislis)publication date Fri Mar 16, 2012 23:07author address author phone Report this post to the editors

(Translation of Aer Lingus formal written statement)

Aer Lingus, Dublin Airport, Dublin, Ireland

16 Μαρ 2012

Αγαπητή Δρ Ντισλή

Σας ευχαριστώ για το χρόνο που διαθέσατε για να μου μιλήσετε κατά τη διάρκεια των τελευταίων ημερών.

Από την αρχή, προσφέρω πάλι συγνώμη για την αναστάτωση και την ταλαιπωρία που προκαλέθηκε σε εσάς, στις 6 Ιανουαρίου πριν από την πτήση σας μαζί μας από τη Βαρκελώνη.

Τα τεστ που σας ζητήθηκε να συμπληρώσετε ήταν ακατάλληλα και μπορώ να σας διαβεβαιώσω ότι οι εκπρόσωποί μας έχουν εντολή ότι η τακτική της διενέργειασ τεστ γλώσσας για τους πελάτες που κατέχουν ελληνικά διαβατήρια έχει ανακληθεί. Είμαι στην ευχάριστη θέση να επιβεβαιώσω ότι δεν υπήρχε κανένα θέμα με εσάς προσωπικά ή με το διαβατήριό σας.

Ως απτή κίνηση καλής θέλησης, θα ήθελα να σας προσφέρω μια δωρεάν πτήση επιστροφής για οπουδήποτε η Aer Lingus πραγματοποιεί τακτικές υπηρεσίες στο ευρωπαϊκό δίκτυο μας σε σας, τον άντρα και την κόρη σας. Όταν θέλετε να επωφεληθήτε από αυτό, επιτρέψτε μου να ξέρω τις πτήσεις και τις ημερομηνίες που απαιτούνται και θα κάνω προσωπικά τις απαραίτητες ρυθμίσεις για σας.

Ανυπομονώ να ακούσω από εσάς και ελπίζω ότι η Aer Lingus θα έχει την ευκαιρία να εξυπηρετήσει εσάς και την οικογένειά σας και πάλι στο όχι πολύ μακρινό μέλλον.

Με εκτίμηση

James Clarke
Γραφείο CEO

author by Stuartpublication date Sat Mar 17, 2012 00:42author address author phone Report this post to the editors

The Washington Post has AP article discussing the written apology and explanation provided by Aer Lingus, entitled Greek passenger who decried Irish airline’s language test wins free flights, stronger apology (http://www.washingtonpost.com/world/europe/greek-passen....html)

The most interesting point is that they have repeatedly asked the UK Borders Agency, the originator of the tests, for comment. The UKBA has refused to respond. According to AP, "Apparently hundreds, if not thousands, of Greek passport holders had been required to fill out forms demonstrating their fluency in Greek before they could board Aer Lingus flights from Spain and Portugal to Ireland", so it is not a single, isolated incident of an over-eager beaver at check-in.

Apparently the UK immigration officials are so paranoid that they "seriously feared that illegal immigrants might start studying Greek to gain admission to Britain, said it was a genuine concern."

In closing, they state that "The U.S. Embassy in Madrid told The AP in a statement that American passport control officers consider language testing an inefficient, imprecise test “because many people hold passports from a country of birth where they haven’t lived, or obtained citizenship through family ties.”"

We still need to know how many 'imposters' have actually used genuine Greek (or other EU) passports for travel - perhaps including the occasional murder spree in Dubhai - and how many travellers have been harassed or refused boarding in pursuit of these elusive aliens. The Irish authorities need to disclose how this policy is applied in Ireland and by Irish carriers, as well as the legal status of selecting passengers by nationality or ethnic appearance.

author by from Leo Varadkar TD - Minister for Transportpublication date Tue May 01, 2012 15:53author address author phone Report this post to the editors

Minister for Transport, Tourism and Sport

Ref: MLVC 12/771
25th April 2012

Ms Kathleen Lynch TD
Dáil Éireann
Kildare Street
Dublin 2

Dear Kathleen,

I refer to your letter and enclosures of 1 March 2012 concerning the difficulties encountered by Dr Chrysoula Ntisli while trying to board an Aer Lingus flight from Barcelona to Cork in January 2012.

The incident described is regrettable and the Department does not condone the manner in which Dr Ntisli was treated. However, as obligations on airlines regarding the inspection of passenger documentation are not regulated in air transport law I am not in a position to influence how the Aer Lingus or any other airline complies with their obligation in this regard.

I will forward a copy of your correspondence along with a copy of this reply to Mr. Christoph Mueller, Chief Executive Officer, Aer Lingus for direct reply to you regarding the steps to be taken by the company to prevent a similar situation arising in the future.

Yours sincerely,
Leo Varadkar TD
Minister for Transport Tourism and Sport

Regrettable treatment by Aer Lingus
Regrettable treatment by Aer Lingus

author by From the European Commissionpublication date Thu May 03, 2012 10:16author address author phone Report this post to the editors

EN
E-002822/2012
Answer given by Ms Reding
on behalf of the Commission

Article 21(1) of the Treaty on the Functioning of the European Union (EU) stipulates that every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect. The respective limitations and conditions are to be found in Directive 2004/38/EC1.

The Commission is not aware of the alleged facts and circumstances of the individual case as described in the question by the Honourable Member.

In general terms, Articles 4(1) and 5(1) of the Directive provide that all EU citizens with a valid identity card or passport have the right to leave a Member State and enter another Member State without prejudice to the provisions on travel documents applicable to national border controls.

Member States may not require EU citizens to undergo a language test to be able to cross the border and as a matter of principle no such conditions could be imposed by carriers for this purpose.

However, the Commission is not aware of the specific facts of the case and of any instances where such requirements would be imposed on EU citizens. According to the information available to the Commission, neither Spanish nor Irish laws require language checks to be made on travelling EU citizens. Similarly, no such checks are foreseen in Aer Lingus’ General Conditions of Carriage.

(1) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, OJ L 158 of 30 April 2004, p. 77.

Related Link: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+WQ+E-2012-002822+0+DOC+XML+V0//EN
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