Oireachtas Joint and Select Committees

Wednesday, 16 November 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Migrant Crisis: Discussion

9:00 am

Ms Edel McGinley:

I thank the Chairman and members of the committee for the opportunity to discuss immigration reform and in that context to discuss the regularisation of undocumented migrants.

The Migrant Rights Centre Ireland, MRCI, is a national organisation working with migrants for more than 15 years. We have been working with undocumented migrants from our inception and we work with very vulnerable sectors of the labour market, that is, restaurants, agriculture, fishermen and domestic work. These are at risk sectors where undocumented migrants are working.

This is the third time we have come before the committee to discuss this issue. Last year, the committee made a recommendation on regularisation. The then Chairman of the committee, who is now the Minister of State at the Department of Justice and Equality, Deputy David Stanton, stated:

The Joint Committee has held meetings this year relating to both the migrant crisis and the issue of undocumented migrants in Ireland... The committee was told that the current situation could be addressed through a once-off, time bound regularisation scheme which would give undocumented migrants an opportunity to regularise their situation... The committee believes that these are reasonable recommendations and strongly recommends their introduction. We have written to the Minister for Justice and Equality this week outlining same and we look forward to her response.

There was no response to this recommendation. The Dáil was dissolved in February 2016 and the matter did not progress. The UN Committee on the Rights of the Child reviewed Ireland's progress in respect of its international commitments and it recommended to the State that all children are entitled to the full protection and implementation of the convention, irrespective of their parents' legal status. It recommended that Ireland "Expeditiously adopt a comprehensive legal framework which is in accordance with international human rights standards" and that it provide for "formal procedures for conferring immigration status on children and their families who are in irregular migration situations". That was a key recommendation of the UN Committee on the Rights of the Child earlier this year.

As the Thirty-first Dáil rose, there was cross party support for this issue. We have the support of more than 50 bodies, including business, trade unions, civil society and political organisations, on this issue. There is broad support for this issue both in the House and in the broader civil society.

We have been working with undocumented migrants for a very long time and have worked with more than 6,000 undocumented migrants since our inception, and 700 this year. Our economy is improving and our growth projections are healthy. There is falling unemployment and identifiable labour and skills shortages are beginning to appear in the labour market. This year, for the first time, we have returned to positive net inward migration, that is more people coming to Ireland than have left. It is in that context that we are discussing the issue because we need to put in place transitional measures which will help respond to this labour and skills shortages. My colleague Mr. Pablo Rojas Coppari will explain that people are doing jobs. It is important that we address this burning issue now.

What we have learned in the past number of years is that undocumented migrants are more vulnerable to exploitation, poverty and social exclusion. They encounter significant barriers in terms of accessing services. It is not possible to accurately determine the number of undocumented people in the State, but it is possible to make an informed estimate. Members will see at the end of the presentation that we have given a footnote on how we came to these particular numbers. We estimate there are between 20,000 and 26,000 undocumented migrants in the State and of that between 2,000 and 6,000 are undocumented children. That is untenable. Many people have been here a very long time, working, living, contributing to the economy and supporting themselves and their families.

They encounter significant barriers in terms of accessing services. They are also fearful of reporting to the authorities. We know of people who have had break-ins or burglaries which they have not reported because they are afraid of being detected.

The people we are talking about here are just the same as the undocumented Irish in the United States. Obviously this is an issue that is in the news at the moment, particularly in the context of recent developments in the US and I know it is something about which Members of the Houses and the Government are concerned. We would argue that the Government also needs to be concerned about undocumented people here which would demonstrate a commitment to the issue and add strength to its representations in the United States.

I will now hand over to Priya who will tell us about her situation here.

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