Colette Kelleher (Independent) | Oireachtas source

I thank Senator Black. I will address the issue of discretion. The Bill proposes a right to apply the extended definition of a family member as per the Refugee Act 1996. In that sense, there is a little less discretion for the Minister but it does not preclude the Department or the Minister from introducing all manner of additional schemes in response to unfolding crises. For example, I am of the view that there is a strong case for us to act in response to events in Yemen, which is not one of the ten countries because of the scale of the catastrophe. I would welcome the Department doing that. The Bill as we propose it does not preclude the Department from doing any of that. It was suggested in the debates that it might. I challenge that. Discretion and rights are not either-or propositions. They are "both-and" propositions. The line of argument put forward in the Seanad and Dáil debates concerning the Department's ability to act does not hold up.

In the context of the money message, as has been said the Bill does not appropriate public funds, compel the Government to provide for expenditure, set up a new Government agency or create a new body. I am really concerned about the constant use of phrases such as "open-ended" and "opening the floodgates". This is really worrying language. This is the language that is always used in respect of migration and I am really concerned about it. It is incumbent upon us as Members of the Oireachtas to challenge that kind of argumentation and language. It is a fundamental misunderstanding of the legislation. As we have all stated, the Bill does not give people an automatic entitlement to bring their dependent family members. It simply gives them a right to apply. Any cost related to this Bill would clearly be incidental. If this Bill requires a money message it is difficult to think of legislation that would not, as we have all said. I note what the Senator says about a sense of elastic public service. Perhaps some of my colleagues wish to respond and expand on that and other matters.