Finian McGrath (Dublin North Central, Independent)

We must end such hypocrisy. I will always support the Irish in America, but I will also support and assist immigrants in our country even when it may not be popular politically. Let us be honest. We all get regular requests from immigrants and asylum seekers at our offices and clinics. This type of work has been going on for years. We are not looking for gold medals as Members of the Oireachtas, but I ask the Minister not to lecture TDs or Senators, saying they do not know about the immigration issue.

While we are dealing with immigration, I must also mention the issue of race. The sad reality is that some immigrants in this country are abused, jeered and mocked regularly on their way to work or to meet friends. Some are so afraid that they lock themselves in their flats and apartments at night. This is an absolute disgrace and it is not acceptable in our country in 2008. Our immigrants should be allowed to enjoy our country and get on with their lives in a positive way. Politicians must take the lead on this by showing solidarity with and support for our immigrant community. There is no room for this in broader society. There is also no room for racism or sectarianism. After all, if we look at our history we will see that Ireland was built on emigration. Generations of Irish people, including many of our own family and friends, have travelled around the world to places such as the US, England and Australia. Our history is steeped in emigration. The Kennedys have Irish roots and we recently heard that Barack Obama has roots in County Offaly. In addition, Che Guevara had Galway roots, James Connolly had Scottish and Irish connections and Paul Keating also has Galway roots. Many other families emigrated from Ireland and did very well in foreign countries. It is important that we remind ourselves of this.

On the matter of immigration, exploitation and racism, I welcome the recent statement by the Australian Government apologising for the treatment of the Aborigines. I thought this was a brave decision by the Prime Minister and the Government and I compare it with the previous Government. By saying sorry, Australians now have a chance to move on by respecting what they have done in the past to the Aboriginal people. It was a brave and positive contribution by the Australian Government and we can all learn from it, particularly in our country as we try to develop strategies for conflict resolution on this island.

These issues are linked to the debate on immigration. However, one aspect about which people do not often hear is the positive contribution of our immigrants. They have made a massive contribution to the State. We have all heard racist views on the doorsteps. There are those who privately express racist views but will not say them publicly. I encourage these people to enjoy difference and diversity. Before I was elected to the Dáil I worked with immigrant children. I taught children of many nationalities and for the children in my school, aged from four to 13, race and religion were never issues. The people with the baggage and problems seemed to be the adults. I remember one under-13 team in the Cumann na mBunscol league which comprised children of five different nationalities. The children were not interested in where the other children came from, the colour of their skin or their religion, they were only interested in having players on the team, playing together, enjoying the game and winning the next match. It is the adults who have issues with immigration and race. It is important that we focus on these things in the debate today.

When we go into the details of the legislation we see that the Bill sets out a legislative framework for the management of inward migration to Ireland. It lays down a number of important principles governing the presence in the State of foreign nationals, including the obligation of a foreign national who is unlawfully in the State to leave. It sets out statutory processes for applying for a visa for entry to the State, residence and being required to leave where necessary. The responsibility of the State, through executive functions vested in the Government, to operate immigration controls in the interest of the common good have recently been restated by Mrs. Justice Denham in the Supreme Court:

In every State, of whatever model, the State has the power to control the entry, the residency, and the exit, of foreign nationals. This power is an aspect of the executive power to protect the integrity of the State. It has long been recognised that in Ireland this executive power is exercised by the Minister on behalf of the State.

That is the core issue in the legislation.

Of special note is the provision in statute for foreign nationals to obtain long-term residence permits which give the holder rights in the State that are similar in most respects to those of Irish citizens. The Bill also makes general provisions for powers of immigration officers, exchange of information, notification requirements for marriages of foreign nationals, special provisions on judicial review based on the present provisions of section 5 of the Illegal Immigrants (Trafficking) Act 2000 and requirements relating to the departure of foreign nationals from the State. That is the core issue in this legislation.

However, when we discuss the Immigration, Residence and Protection Bill 2008, we have a responsibility to listen to different views across the House and outside groups. I urge people to listen to the Immigrant Council of Ireland, ICI, and its submissions and recent lobbying. The ICI is an independent non-governmental organisation established to promote the rights of migrants through information, legal services, advocacy, lobbying, research and training. Concerns raised with the council by clients through its information and support service and legal service inform its campaigns and research. In 2007, approximately 10,000 people sought information and support from the ICI. The ICI also provides information, support and training to a wide variety of organisations, including State agencies, other non-governmental organisations, ethnic minority-led organisations, businesses, community-based organisations and politicians. The ICI makes a major contribution to Irish society and I commend it on its valuable work and the role it plays in an at times difficult situation. This organisation is good for immigrants and this country.

The Immigration, Residence and Protection Bill 2008 represents an ideal opportunity to comprehensively reform outdated and inadequate immigration legislation. While I welcome some aspects of the Bill, such as the provision of basic protection for victims of trafficking in human beings, some of the problems inherent in the current system are not adequately addressed. The ICI has committed considerable resources and effort to help ensure the legislation achieves the Government's stated aim of setting out "in a clear and integrated approach the whole process for foreign nationals coming to the State, staying here and, when necessary, being required to leave". I support its position on that and believe we should listen to it. When people say they have certain concerns about the legislation, we should be open and honest about it and look at them.

My concerns are centred around 12 core points. These are the failure to set out clear immigration rules in primary legislation; the need for an independent appeals mechanism for the review of immigration decisions; the lack of provision for a right to family reunification, an issue I will revisit in more detail; summary deportations; the limitation of access to benefits and services for persons who are unlawfully present in the State; fees and excessive ministerial discretion; failure to provide legal safeguards against refusal of entry and revocation of residence permits; no real permanence in respect of long-term residence; limitation of access to justice for migrants; limitation of the right to marry and international human rights obligations; insufficient protection for victims of trafficking; and combining immigration and asylum issues in the same legislation. These are genuine issues and concerns raised by people which we all have a duty to look at in more detail. It is important we take these views on board.

In respect of the failure to set out clear immigration rules in primary legislation, the Bill fails to set out clear rules regarding the rights and obligations of migrants seeking to come to Ireland. Instead, it provides a legal skeleton, providing procedural rules which the Minister will then have the power to flesh out by making regulations pursuant to section 127 of the Bill. As a result, the rules setting out the basis for migrants to enter and remain in the State, the conditions on which such permission will be granted and the entitlements migrants may or may not have while in the State will be left to secondary legislation. I do not know when the regulations will be introduced or the areas they will cover.

For example, issues relating to family reunification and rights to family life are consistently among the most common inquiries migrants raise with the ICI. The 2008 Bill, like the previous draft published by the former Government in April 2007, makes no statutory provision for family reunification. The Bill also fails to deal directly with the rights of students, students' partners or children, researchers, the self-employed, non-economically active migrants or the undocumented. All these areas are to be covered by as yet published immigration regulations. For the time being, the Oireachtas is left to vote on legislation with no real meaning when it comes to defining who can reside in Ireland, how long they can do so and on what basis. We must deal with these issues. When groups raise these concerns, it is important that we are sufficiently brave and open to look at them.

I welcome the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, Deputy Conor Lenihan, to the debate because some of the research is very relevant to the issues with which he deals. A 2007 report entitled Black African Women in the Irish Labour Market by Florence Hegarty produced some interesting findings. The report found that while migrant African women tend to be highly educated, they are often over-qualified for the jobs they can access. It also found that many migrant or African women experience barriers to accessing the labour market and discrimination and hence face the double burden of gender and racial discrimination despite being aware of Ireland's equality legislation. We must all be conscious of this finding. Another finding was that their grievances regarding social discrimination by workers or clients were not taken seriously by supervisors. If an immigrant tells somebody that they face a discrimination issue, the matter should be examined professionally, objectively and properly. The research tells us that this is not happening. It goes back to the broader issue of how we need to bring our public with us in respect of enjoying difference and celebrating diversity. This is the bottom line and we all have a contribution to make. It should not be left to one Minister because it is a broader community issue. One can bring it into politics, sport, the arts and music. All these areas have a contribution to make. I commend the people, particularly in the areas of sport and the arts, who have been a significant positive influence in respect of dealing with interculturalism, having respect for diversity and enjoying difference. They have made a significant contribution and we should work very closely with them.

I have talked about Ireland as an emigrant nation. It is very important for us to remember and understand our long history of emigration. We understand the psyche and psychology. We all have relations in different countries abroad and know about the contribution they made to these countries when they settled there. However, we also have a responsibility to ensure we respect and look after immigrants in our country. We know that, from an economic, social and sporting perspective, the children of emigrants have brought many happy times to this country, for example, in our international football team. We should be very proud of this and not be afraid to say it when we are involved in this debate.

There is a need for an independent appeals mechanism to deal with immigration decisions because this is the only way to ensure access to fair procedures and effective remedies for migrants and their family members who seek to challenge decisions affecting their human rights as protected under the European Convention on Human Rights and Fundamental Freedoms, in particular, Article 3, which prohibits torture, Article 8, which guarantees the right to family life, as required by Article 6, which guarantees the right to a fair trial and Article 13, which guarantees the right to an effective remedy. We should look at these issues.

In respect of the lack of provision of the right to family reunification, migrants' rights to family life should be spelt out clearly in primary law. Family reunification is a major source of immigration internationally and a major issue of concern to migrants and Irish citizens in Ireland due to the absence of a formal application process, apart from recognised refugees and EU citizens. There is a lack of clarity regarding which family members may be admitted to the State, the conditions under which family reunification may be granted and the length of time it takes to process applications.

The wide discretion of the Minister in the granting of family reunification has led to inconsistencies and a lack of transparency in the decision-making process. Ireland is the only European Union member state which does not have national rules regarding family reunification enshrined in primary legislation. The previous Government decided not to opt out in respect of the EU directive on the right to family unification. However, Irish rules regarding family reunification should be inspired by international best practice. We all come across cases every day in our clinics. It is a human story.

Given the fundamental importance of family life to all of society, the Bill should provide a clear entitlement for Irish citizens and legal residents to be joined by immediate family members, including spouses or partners and minor children. Discretionary provisions should allow for the admission of other family members such as parents and dependent adult children on certain conditions. Such discretionary provisions could be a solution to many of the problems we encounter. We are talking about families — men, women and children — and protecting and defending their rights.

On the issue of summary deportations, the Immigration, Residence and Protection Bill, as drafted, allows for the deportation without notice of any person unlawfully present in the State. Section 4(5) provides a significant new power which is being vested in the State and effectively abolishes the section 3 process established under the Immigration Act 1999, as amended. A person who has entered and is residing in Ireland without permission can be removed from the State on foot of a deportation order. Currently, the deportation order requires notice to be given; the person concerned is given 15 working days to make submissions as to the reasons he or she should not be removed from the State. They can include such matters as family circumstances, duration of residence in Ireland and humanitarian considerations. That is an important issue.

Another issue is the provision of insufficient protection for victims of trafficking. The provisions included in sections 1 to 4, inclusive, fall short or Ireland's obligations under the Council of Europe convention on actions to combat human trafficking which came into force on 1 February. Most importantly, the convention applies to all forms of trafficking in human beings, whether national or transnational, and would certainly apply to all victims of trafficking, regardless of their nationality. By comparison, section 124 only applies to foreign nationals. A foreign national is defined in section 2(f) as a person who is neither an Irish citizen or a person who has established a right to enter or be present in the State under the EU regulations; in other words, EU-EEA nationals are generally excluded from its application. A large proportion of those being trafficked to Ireland for the purpose of sexual or other forms of exploitation will not be able to avail of the protection guaranteed by the convention. This aspect should be closely examined.

I welcome this major debate on immigration and urge the Minister to take on board my concerns and to listen to the views of the Immigrant Council of Ireland. We should treat all immigrants with respect and dignity.

See this speech in context