Denis Naughten (Roscommon-South Leitrim, Fine Gael)

The Minister for integration has put the blame on rogue solicitors, and that is the indication in this legislation, but if we had a fair system which outlined the reasons for refusal and a review system that had some semblance of being independent and balanced, and if the Department could trust its own system and not settle cases on the steps of the courts, there would be far less need to take court challenges in the first instance.

The Government has recognised the failure in this area by committing itself to establishing an independent appeals process in the programme for Government. I acknowledge that the Minister announced last night his intention to shelve the tribunal system. I welcome that because it has been exposed as being biased. Establishing an independent immigration appeals system will save money, reduce the number of court challenges and provide a more efficient and cost effective immigration system. I look forward to the Minister fleshing out that particular issue.

Last night the Minister also stated:

In general, a foreign national cannot be unlawfully present [in the State] except in one of two ways. The first is to put oneself knowingly in that position by either evading immigration controls altogether or staying on after the entry or residence permit has expired. The second way is by going through a fair process leading to the revocation or non-renewal of residence permission.

There is a third issue, however, and it is important that we address it, namely, the people who are falling through the system through no fault of their own. I realise the Minister has tried to encompass it within the definition he has used in the Bill but we all know that is not what happens in reality. Undocumented workers who are in a state of legal limbo are suffering. They came here legally but for one reason or another — they were abused in respect of employment law, their permits were not renewed or whatever — they have been left in a legal limbo. It is important that a bridging visa is provided to those people who came to this jurisdiction legitimately.

I am not calling for something that is not already in place because an informal mechanism is in place in the Department of Justice, Equality and Law Reform but it must be formalised. A bridging visa would be a temporary permission to remain for a short interval while the problem regarding a new work permit application was addressed. We should not try to fit everyone into a pigeon hole, so to speak. There is a difficulty and it must be acknowledged. In fairness, the Department acknowledges it informally but a formal structure must be put on that. I hope we can deal with that aspect on Committee Stage.

This legislation is extremely weak in respect of children; it is anti-children. It does not give any formal recognition to any type of family reunification. In every society, whether they are new Irish communities, as in Irish citizens, or migrant communities, people only begin to get to know their neighbours when they have children, either through attending the crèche, school, sports ground or other extra curricular activities. Communities will never integrate unless we can ensure that the children of today's migrants are proud to be Irish and become involved in day to day activities. That cannot happen if they live thousands of miles away from their parents who reside here.

Ireland is the only EU member state that does not have national rules regarding family reunification enshrined in primary legislation. Given the importance of family life to our society, a clear entitlement must be provided in this legislation for Irish citizens and legal residents to be joined by their immediate family members, including the spouses or minor children.

There is currently no right in legislation for a non-EEA family member of Irish citizens to reside in Ireland. That causes great difficulty for many families who wish to resettle or return to Ireland. I have given examples in the past of people legally or illegally resident in the United States, or married to an American citizen which would make them legally resident, who want to return here which causes major problems. This is not the sole reason the Bill fails in respect of children. I brought the issue of unaccompanied children to the attention of officials last week. The procedure, enshrined again in this legislation, is that unaccompanied children are passed to the HSE, an organisation that every Member believes is incompetent in doing the job it is supposed to do, never mind dealing with migrant children. In recent years the HSE has lost more than 300 children who were passed on by the Department of Justice, Equality and Law Reform.

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