Ms Helen Lowry:

The MRCI was set up in 2001 and has been working with undocumented migrants since then. We operate a very busy city-centre drop-in service that provides information and support. From May 2009 to October 2014, we provided information and support to 2,644 undocumented migrants from 96 different countries, all living here on average eight years. We established the Justice for the Undocumented campaign group just over four years ago in an effort to progress a policy solution and advocate for change in this area. To date, successive Governments have not done a huge amount to address the situation of undocumented migrants. This is increasingly worrying in a diverse Ireland where there has been inward migration for over 15 years and where undocumented migrants and their families have put down roots and make a valuable contribution. The improved economy and significant length of time undocumented migrants have lived here make this an opportune time to bring about a comprehensive solution.

It is clearly not possible to categorically state the number of undocumented migrants in Ireland. However, it is possible to make a well-informed estimate, which is clearly critical in the planning of any policy response. We appreciate that and have done a lot of work in this area. Based on research carried out by the MRCI, we estimate that there are between 20,000 and 26,000 undocumented migrants living and working in Ireland. We can provide a breakdown of how we devised this figure. In our experience, the vast majority of undocumented migrants have entered Ireland legally and have been working and living here for many years. Our survey of over 540 undocumented migrants found that over 92% of people entered the country legally and became undocumented afterwards.

People can become undocumented migrants for a variety of reasons. Undocumented migrants in Ireland can be broadly described under the following categories. Clearly these need careful consideration and inclusion in any potential regularisation scheme. They include visa "over stayers", including tourists, people from non-visa required countries, student visa holders and others; migrants with un-enforced deportation orders who are not in a position to leave the State; and children of undocumented migrants. We estimate there are between 2,000 and 5,000 children of undocumented migrants in Ireland. We are particularly concerned about their precarious future growing up in a country where they have a very uncertain future.

In a similar fashion to the undocumented Irish in the US, there is a lot of stress and fear associated with being undocumented. We find that the people with whom we work encounter significant problems in accessing basic and essential services. We are particularly concerned about the high rate of non-compliance and workplace exploitation experienced by people who are working. It is very hard to advocate for one's employment rights when one is being deported. Undocumented migrants fear the authorities, in particular the Garda, and are reluctant to report crimes such as domestic violence, theft and racist incidents for fear of detection. The MRCI is particularly concerned about the vulnerable situation of the children of undocumented migrants, some of whom are born here and some of whom came here at a young age. They are growing up and going to national and secondary school here and face very uncertain futures. To them, Ireland is very much home.

I mentioned the research. We have circulated the infographic and the research we did. We have put a lot of work into that research, which was carried by out by Mr. Montenegro, his colleagues and ourselves in the MRCI. It was the first research of its kind in the country and carried out with over 540 undocumented migrants. The research speaks for itself but I will highlight a few statistics. We found that 81% of undocumented migrants have been living in Ireland for five years or longer and one in five for over a decade; 87% of people were in employment and 92% were not in a formal legal process to regularise their situations. We are finding that many people are in employment. A total of 70% of the respondents were also working over 30 hours per week, many of them in minimum wage jobs that are essential to keep our economy and society functioning, such as restaurant and catering, domestic work, cleaning and maintenance.

The findings of this research paint a very similar picture to that of undocumented Irish living and working in the US. Having worked directly with undocumented migrants in Ireland for over 14 years, we firmly believe it is time to look closer to home - a diverse and multicultural Ireland where migrants and their families have put down roots. Mr. Montenegro has spoken eloquently about the fact that he has the same struggles, hopes and dreams as the undocumented Irish in the US. As somebody who works with the undocumented, I am regularly humbled by the significant sacrifices undocumented families we work with are making to ensure their children and extended family members have opportunities in life that they did not.

We appreciate that our leaders, delegates and committee members will be travelling to the US, particularly around St Patrick's Day, for a number of reasons, one of which will be to highlight the situation of the undocumented migrants, and we commend this. We would like to bring their gaze closer to home in terms of the situation of undocumented migrants here.

The MRCI is about working on problems and offering solutions. We have put forward a proposal to introduce regularisation. We believe the situation can best be addressed through the introduction of policy measures allowing for the administration of a once-off, time-bound regularisation scheme. This scheme could be implemented in tandem with other solutions for those living in direct provision, etc. A scheme such as this could be introduced as part of a policy package and does not require legislation. I hear that this is an important point. The Irish Born Child and Undocumented Workers schemes were two examples of common sense schemes that were introduced as part of a managed migration policy. We see this scheme as being pragmatic, enforceable, clear and fair and one that responds to rather than rewards illegality.

There needs to be clear criteria to identify people and to administer the scheme in the Department of Justice and Equality so we have suggested that the following criteria could apply. The first criterion is length of time in the State. All persons resident in Ireland for four years would be eligible to register for the scheme. The second criterion is a criminal bar. Similar to other programmes implemented in OECD countries, of which there are many, and the EU, this scheme would exclude all persons with a serious criminal conviction. The third criterion is the implementation a probationary period. We have suggested this because it gives migrants a window of time to register for the scheme and potentially pay a fee. They are temporarily regularised and enter a two-year probationary period much like the successful student probationary extension scheme of 2004. This serves a number of purposes. It gives the Department an opportunity to administer the scheme. We appreciate this will take some people hours and a bit of organisation. It serves as a protection element upholding the integrity of the immigration system, gives the Irish Naturalisation and Immigration Service and the Department control over the process and puts in place a number of conditions that applicants must satisfy in order to secure residency. During the probationary period, undocumented migrants would be issued with a temporary status or visa, have the right to work without a work permit so they could formalise their employment situation and have the right to travel to a maximum of three months of the year - possibly back to their home country.

The MRCI estimates that the administration of such a scheme will cost €3 million. However, the projected income from the scheme would far exceed this. We believe the scheme will bring in an annual income in excess of €7.5 million through direct taxation. A once-off fee will generate over €11.5 million. Ongoing immigration registration fees will generate an annual income of €5 million. Finally, income brought in through employer PRSI contributions will generate €20 million per year. In total, this scheme has the potential to generate €185 million over five years, which is a conservative estimate. This offsets any resource implications for the introduction of such a scheme and contributes significantly to the tax purse. Such a scheme would have other benefits of which members of the committee will be very aware in the context of communities and social cohesion. Many members are in constituencies with very diverse communities. These benefits include security, keeping in step with international practice and humanitarian concerns. We also believe it is the right and responsible thing to do.

We have a number of recommendations for action. The MRCI is calling on the Minister for Justice and Equality to introduce a once-off, time-bound regularisation scheme with transparent criteria in the lifetime of the current Government. The MRCI very much hopes that the committee can support this recommendation. To progress this matter, we respectfully propose either that the committee appoints a rapporteur to work with the MRCI and others to develop a set of recommendations to put forward to the Minister or that the MRCI could submit a formal proposal with the recommendation to the committee for review and endorsement to the Minister.

We again thank the committee for its time today.