Dáil debates

Thursday, 21 February 2008

Immigration, Residence and Protection Bill 2008: Second Stage (Resumed)

 

11:00 am

Photo of Michael KennedyMichael Kennedy (Dublin North, Fianna Fail)

——that perhaps they will be facing the Dubs in a future game in Croke Park.

These overseas bodies are coming to Ireland specifically to target the emigrants who have come here. It is right that we should act to ensure these people remain here where they have been trained and because we can offer them a good standard of living. These people will benefit from the Bill.

I welcome particularly the plan to accelerate the applications of current work-permit holders and migrants with much sought-after skills for long-term residency. I instance nurses, skilled labourers and chefs. This is a healthy progression from the current system and I welcome the consideration being given to the theory that there are and will be jobs that Irish citizens, for whatever reason, are unwilling to take up. There are also high-skilled jobs that might better suit a new resident here who would have more skills than perhaps an Irish citizen. I refer to specialised chef who cannot be replaced by an Irish trained cook. We need only consider the popularity of Thai, Indian and Chinese restaurants here to imagine the demand for such foreign chefs.

I applaud the reasoned and cautious additional eligibility requirements, namely, that the applicant be tax compliant, that he or she have a reasonable command of English or Irish and that the person has made reasonable efforts to integrate himself or herself. I appeal to the Minister to examine the possibility of allocating funds for language provision, as it is regarded as a vital tool for incoming immigrants. I also welcome the new categories of permission which give groups of people with varying circumstances and eligibility the right to remain in the State on tailor-made permissions.

Section 127 of the Bill sets out the various categories of permission and conditions attached. These start with a 90-day visitor's permission category, which will state whether a person is further eligible to apply for residence permission. These measures will make clear at point of entry a person's rights with regard to further applications. I hope all Members will note there is far more scope than ever in place for a person to get permission to remain in the State.

The reforms to the asylum application process are also positive and will surely be welcomed by applicants. Not only is the process now finally enshrined into law, with the assimilation into the Bill of the EU asylum procedures directive, but the new process presents itself as streamlined and more straightforward.

The long-winded, over-complex nature of the existing system surely adds to the agony of waiting for a decision to be made. The long delays experienced at the moment can often add weight to a negative decision and in some unrelated cases, abuse. No one likes to admit it, but can one not imagine the temptation to abscond facing an applicant who has been waiting quite a long time for a decision? Streamlining the system now will give applicants for asylum a decision within a shorter timeframe. A single procedure wherein the applicant presents his or her grounds to remain in the State is provided for in the Bill, with the outcome of the decision now coming from the Irish nationality and immigration service, which deals with all other permission issues. The clarity of the new asylum process should also lead to fewer legal contests.

The procedures being introduced bring our system into line with those of many other European countries, achieving a sense of cohesion and familiarity for asylum seekers across Europe. The decision will be made quickly, with an efficiency hitherto not witnessed in the State and within a system which also reduces the risk of abuse. Of course the Irish State wants to provide protection, but we need to ensure we are protecting those in need and not just seeking better economic circumstances or schools. I note the clarification offered in the Bill on the subject of visas, which pre-clear visitors, but do not grant permission alone. I am happy to see the Minister has made it clear that visas are used solely for pre-clearance and the status of "visa-free" countries will continue unless the migrant's visit extends over three months, at which point he or she will require a visa. This system will give visitors clarity and certainty as regards entry into the country.

I particularly welcome the changes being brought in regarding victims of human trafficking. The Bill provides for a period of recovery and reflection for the victims of human trafficking with the Minister having discretionary powers to extend this. This is a compassionate measure in recognition of the fact that a victim's emotional trauma could be exacerbated by demands to quit the country. Giving the person a set period during which he or she can recover sufficiently in order to return home is a responsible act, which gives special recognition to the horrific trauma experienced by the applicant. The measures also give more scope for victims to come forward, safe in the knowledge that no one is going to be showing them the door. I ask the Minister and the relevant committee to re-examine the Bill, however, with a view to providing for child victims of human trafficking and for children seeking asylum, so as to protect their rights as much as possible.

I presume the cost of running this new system of immigration management will save some of the enormous amount of money being pumped into the existing system. I ask that any savings be used to address some of the issues facing new immigrants once their permission has been granted. As previously mentioned, I continue to urge the Minister to give some thought to the issue of language provision for those who have been granted permission to remain in the State on a long-term basis. I see language as a crucial barrier to integration and any provision of funding for classes, or departmental grand aid would make enormous difference to the lives of immigrants and those who surround them.

I also want to stress the need for an annual review of the system to ensure it can be tailored to meet challenges as they evolve. This will iron out anomalies as they arise and hopefully allow us to continue to provide the finest immigration policy possible.

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