Oireachtas Joint and Select Committees

Wednesday, 14 December 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Immigration and Refugee Crisis: Discussion

9:00 am

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I thank Deputy Wallace for a comprehensive series of questions and points. As I indicated, this is a global issue. I have met people from different parts of the world, including from Central America, the African sub-continent and further afield, and this is a major issue. The Deputy is correct to describe it as global in nature.

The first point Deputy Wallace raised related to undocumented migrants. It is important to consider this issue in the wider context of Ireland’s immigration policy and migration flows. Ireland is forecast to return to net inward migration this year for the first time since 2009. This is a positive development which reflects the improving economic position. It is important, however, to be aware that the overall level of net inward migration, which is very modest and amounts to 3,100 persons, consists of three distinct underlying trends. There was a downward trend of net outward migration of Irish nationals, albeit at a lower level than in recent years. Migration of EU nationals, which tends to be closely linked to labour market opportunities, was neutral last year. These two trends were offset by the relatively strong inward migration flow from non-Irish nationals from outside the European Union. This demonstrates that, in the context of the continuing inward migration of some of our nationals, Ireland has not closed its door on the immigration of non-EEA nationals. On the contrary, we value the contribution of non-EEA nationals as part of a balanced migration strategy.

The overall goal of our immigration policy is to ensure we strike an appropriate balance between the aspirations of the applicant and ensuring the wider public interests are protected, including that the person concerned does not become a burden on the State. For this process to work effectively, it is entirely reasonable at this stage to expect that a person should abide by the conditions of the immigration permission he or she receives initially. For example, a person with a tourist permission cannot settle permanently and, with some rare exceptions, a student permission does not entitle a person to bring a child to live here during a course of study in Ireland. These conditions are transparently set out during the application process and form part of what may be described as the “immigration contract”. This does not exclude the possibility that a person may wish to change the nature of his or her permission. Procedures and guidelines are in place for what is termed “a change of status application”.

This takes me to the specific issue the Deputy raised, namely, the position of undocumented persons in Ireland, the number of whom is estimated by the NGO or non-governmental organisation community to be in the region of 26,000 persons. By definition, it is not possible to have any precision in respect of the true number of illegal immigrants. The figures I have cited are not insignificant. The Migrant Rights Council Ireland has identified that these persons fall into three broad categories, namely, visa over-stayers, migrants with unenforced deportation orders and children of undocumented migrants.

The Tánaiste and Minister for Justice and Equality, Deputy Frances Fitzgerald, spoke about this issue in the Dáil on previous occasions and I will recall the position of the Government in that regard. As I stated, we are entitled to expect that people coming to Ireland will obey our laws, including those that relate to immigration, and the conditions that are set out as part of their permission to remain. It is open to any foreign national who finds himself or herself in an undocumented position to apply to the authorities for permission to remain. Cases are carefully considered before a decision is made and it is reasonable for the State to expect people to respect that decision.

It should also be remembered that most people become undocumented through their own conscious actions or omissions. Recognising that this may not be the case in a minority of instances, the Department has implemented a number of projects that provide a process for regularisation in certain circumstances. However, none of these processes involves automatic entitlement and all apply to a particular set of circumstances as opposed to a blanket approach. As a former Chairman of the committee and in my current capacity, I am fully aware of the proposal made by the MRCI to introduce the regularisation scheme. I am also aware that the committee met representatives of the MRCI and plans to produce a report on the matter. I look forward to examining its report when it is published.

As I indicated, it is important to examine this issue within the broader context of Ireland’s immigration policy as a whole. I welcome the opportunity to discuss the matter with the joint committee today, with a view to contributing to its ongoing contribution on this important matter.

There are no plans to introduce a general regularisation scheme for those who are currently undocumented in the State. A proposal of this nature could give rise to large, unpredictable and potentially costly impacts across a full range of public and social services.

For example, in the late 1990s the then Government allowed a limited right-to-work concession for some asylum seekers This was misrepresented, with the result that the number applying for asylum increased exponentially in a matter of months. In addition, any possible implications for the operation of the common travel area would have to be carefully considered. We are all aware and alert to the Brexit situation. Even today there have been reports that the Republic could serve as a backdoor to the UK. We must be careful in that regard because we want to protect the common travel area at all costs.

It is also important to note that there is a long-standing policy and practice whereby when an illegal immigrant comes forward and makes a reasonable case for regularisation, that case is invariably considered in a fair and humanitarian way, subject to overall public policy consideration. If Deputies and Senators are aware of such cases and want to make that fact known or if there are particular cases, they can be looked at, as happened in the past, on a case-by-case basis. I am aware of the MRCI projections. They would have to be carefully analysed and tested by relevant Departments and agencies.

On the other questions, we do not profile. What we really want to do is meet the people before they come here. We want a member of An Garda Síochána to sit across the table from them and conduct an interview. We want to ensure that whoever comes here will not cause problems and we have made that promise to the Irish people. The Italian Government has issues with that goal. It has them with every country, however, not just with Ireland. We hope to correct the situation but so far it has not been possible to do so. I have informed the Italian authorities that we are anxious to help, assist and bring people to this country.

There were bureaucratic issues in Greece. Last weekend, the Tánaiste visited the country in order to see if some of them might be resolved. We are anxious to fulfil our commitment to bring 4,000 people here. The EU quota for Ireland was 2,900 refugees but we have greatly exceeded that target and have voluntarily agreed to bring in 4,000 refugees. We have tried to be as proactive as possible. We want to bring people here and we are bringing them. Thankfully, the situation in Greece has been resolved and the situation is improving. We hope to bring in an increasing number of refugees in the next year. We hope to bring 1,100 refugees from Greece by next September. We have already doubled the EU quota a year ahead of time and taken in refugees from the Lebanon. We have doubled that figure again and we will bring in quite a lot more refugees in the coming period. We are doing what we can to bring refugees here.

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