Oireachtas Joint and Select Committees

Wednesday, 6 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

International Protection (Family Reunification) (Amendment) Bill 2017: Discussion

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

All I can say is "Wow". Those presentations were amazing; they were absolutely fantastic. I know how hard Senator Kelleher and Mr. Meany have worked on this. They put their heart and soul into this and I thank them for that. They have made the case for this Bill very clearly. Even though we know what is going on, when one hears the reality of the situation from listening to the presentations it is still quite shocking. There is a humanitarian crisis going on. I think of the trauma people are going through and the importance of family. That is an area with which I am very familiar from my other work. I am also a member of a family, and I know how important my family and my adult children are. My mother has passed away, but my sisters and brothers are so close. Family is the heart of everything. It is so important.

I could go on but I will try to keep my remarks short. I have two specific questions to ask. Senator Kelleher noted the importance of retaining discretion in the Bill. I understand that the Government's opposition to the Bill is partly based on the idea that it would introduce an open-ended structure for family unification. Could Senator Kelleher expand on why discretion has been retained in the Bill and how this meets the Minister's concerns?

I must highlight the money message. It was lovely to listen to Deputy Wallace talking about his experiences of meeting people who really touched his heart. Mr. Henderson was very clear on the issue of the money message and I thank him for that. It illustrates a very worrying anti-democratic precedent which could be set today. As Mr. Henderson stated, the Bill would not appropriate public funds. It does not compel Government expenditure. It does not set up a new Government agency or create a new body. It also does not give an automatic right to reunification. It simply enables more people to apply. That is all this Bill does. It is not rocket science; it is very modest. Essentially, it would mean that Department officials might have more applications to process. Am I right in saying that? The idea that this extra administrative burden is enough to require a money message is absolutely ridiculous; it is crazy. The standing orders have always been read with a sense of elastic public service so that a new responsibility does not necessarily mean that the budget must rise or fall. With this new reading of the rules, whereby an administrative cost alone is enough to require a money message, the Bills Office is handing the Government an effective veto in respect of any Bill.

My concern is that the need for a money message is constantly used to block legislation. It is very frustrating. From the Opposition's point of view, why even bring forward legislation if it is going to be constantly blocked? I am obviously very passionate about this because my own Bill just went through the Dáil a couple of weeks ago. I would like as many of the witnesses as possible to expand on this as much as possible. I am sure they are very frustrated. I am sure a lot of people in the Houses of the Oireachtas are very frustrated by the requirement for a money message. We have to highlight and talk about this more. As far as I am concerned, it is highly undemocratic.

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