Speeches:

On Immigration Residence and Protection Bill

Dáil Speech Thursday 14 February 2008

I welcome this complex Bill of 142 pages and 139 sections.  Many aspects are strongly needed while the details of other aspects are of concern and will need to be fleshed out on Committee Stage.  I acknowledge the engagement of the Minister and his officials with us on the Bill and I applaud the dedication of the NGOs that have commented in detail on the Bill's content.

There is a pressing need to modernise legislation in this area and a clear imperative to engage with the many organisations working at the coal face with recent immigrants to our shores.  I was interested in Deputy Rabbitte's comments on the need for a clear policy statement.  The previous Bill published in May 2007 allowed for the Minister to lay out a clear policy statement.  There are concerns that this might tie his hands in future policy.  While I accept where we are, I would have preferred a Green Paper, a White Paper and a lengthy period of public consultation on the Bill.  However, there is a need to move quickly to enact legislation in this area.

I noted Deputy Rabbitte's concerns on the ministerial discretion that permeates a  large part of the Bill.  I hope the schemes the Bill would bring about would take a strong onus from the Minister to be seen as the point of last resort for people who have exhausted all other possibilities.  There is a problem in any body of legislation if the Minister is the point of last resort.  It would take much pressure from the Government and Opposition if Deputies were not given that space to make representations directly to the Minister.

We need an overhaul of immigration and protection law and an update of the legislation, and this is a first step towards a more comprehensive immigration and asylum system.  I look forward to positive engagement with the Minister on the Bill's passage through the Oireachtas.  We are moving towards comprehensive legislation but we are only at the start of a programme for Government that makes clear commitments in this area.  The programme for Government contains a commitment to an immigration appeals procedure and I was glad to hear the Minister refer to a visibly independent appeals process.  I trust the Minister will incorporate sufficient independence in this procedure and I hope it will be delivered in a timely manner

I welcome the streamlining of the process towards a single procedure that will allow for the efficient processing of applications.  However, I hope that in the practical implementation of this new streamlined process, transparency in decision making is not sacrificed for the sake of expediency and that fair procedures and due process are addressed.  There is concern that the speeding up of the process could introduce difficulties.

There are genuine concerns around the issue of summary deportation.  While recognising the need to have a comprehensive immigration system in place, flexibility is also needed within such a system to cater for those who have fallen through the cracks.  This issue must be examined in detail.

There has been a discussion in the media and elsewhere regarding the issue of detention on the point of entry.  I acknowledge that this is not the introduction of detention by stealth but I am concerned about the signal it may send out.  Somebody seeking asylum in this country, looking to the Irish State for protection, can be held in prison, albeit temporarily, before his or her application can be processed.  We should be clear that this will only be for a matter of hours.  Perhaps we should make some reference to the timing in this section of the Bill because it is open to misinterpretation.

We must examine in more detail the rights of children in the context of the legislation.  We have the United Nations Convention on the Rights of the Child and we have, in Irish law, a very clear distinction between the rights and obligations of the HSE and of the Minister for Justice, Equality and Law Reform.  The HSE was found wanting in the relatively recent past and we must ensure that proper procedures are in place there.  We must address the needs of trafficked and separated children also and it is important that we do not have a cut-off point at a particular age in that regard.

I noted the Minister's remarks regarding trafficking.  There are concerns in the public domain about the relatively short period during which someone who is trafficked can have recourse to the appeal procedure.  The Minister spoke about the possibility for rest and reflection in order for information to be given.  It must be made very clear that we are not talking about a very limited period of time in this context.  We should look at models from other countries, such as Norway, where a longer period, of up to six months, is allowed.

As previous speakers pointed out, an enormous amount of the meat on the bones of this Bill will reside in the schemes that are drawn up.  As I discussed with the Minister recently, there may be a case for providing for public discussion, debate and consultation on the schemes that will be put in place.  The Bill is, in a sense, an empty vessel until we put flesh on its bones, if the Ceann Comhairle will forgive me for mixing my metaphors.  Public consultation could lead to better schemes, which would be in everyone's interest.

Concerns about staffing within the Department have been raised time and again.  A large number of people have come to me with concerns that their applications are being processed very slowly.  The allocation of staff is insufficient to cater for the needs of those seeking information or decisions.  I hope we can address the staffing requirements within the area of immigration as part of the development of the Bill.

I noticed much talk from the Fine Gael benches earlier in the debate about crime and social welfare abuse in the same breath as immigration.  It is important, on the introduction of this Bill, to talk very clearly about the positive role immigration has had, is having and will continue to have in Irish life.  The Green Party takes the view that immigration is a vital and positive part of any dynamic nation and we must say that clearly and unequivocally.

It can be a vital part of a country's cultural, social and economic development.  Indeed, as an island nation off the coast of another island, as Ireland is, it is no harm to have some mixing of the gene pool.  Deputy Varadker and I are testimony to the positive aspects of such mixing.  Indeed, the House is the poorer without the contributions of the former Labour Party Deputy, Mr. Moosajee Bhamjee, which gave us all cause for thought. 

In terms of the cultural sphere, while I grew up with Gael Linn and the Clancy Brothers, these days I am far more likely to listen to Ali Farka Touré or some other aspect of world music.  It is important to put that positive contribution on the record of the House.  Indeed, one of the most successful festivals on the island is the Festival of World Cultures in Dún Laoghaire, where one might find a Zimbabwean listening to music from South America while eating food from Asia.  The enthusiasm for such events shows us all that we are the richer for this cultural, economic and social mixing.

I am aware of the very detailed submissions that have been made by many groups, particularly the immigration NGOs, who held a press conference yesterday to highlight their concerns about the Bill.  Last night, the Dún Laoghaire Refugee Project made available to me a list of concerns they have with the legislation.  During my meeting with the Dún Laoghaire Refugee Project last Monday, I met a great group of children and young adults from Burundi, Rwanda, Sierra Leone and elsewhere, who all have a very positive role to play in the future development of Ireland.  They are intelligent, enthusiastic and committed to contributing to the Ireland of the future.  We must put that on record.  Indeed, where would the future of the Irish soccer team be without the input of a prospective  immigrant to our shores, Mr. Giovanni Trapattoni? 

I say this from a desire to put on the record of the House that immigration is, and will continue to be, a very positive part of Irish life.  Of course, it brings it's fair share of challenges.  We must have a system of immigration that is clear, timely and transparent.  This Bill is one of the first steps towards fulfilling the mandates within the programme for Government.  I look forward to the discussion on Committee Stage and see this as a step on the way towards a further review of our immigration legislation.  That will be required because immigration, almost by its nature, changes.  The concerns, policies and solutions will be different in five years' time from those being considered today.  I welcome the legislation.  Its detail is paramount and I look forward to constructive engagement with the Minister and Opposition benches on the final text.