Thomas Byrne (Meath East, Fianna Fail)

As a member of the Joint Committee on Justice, Equality, Defence and Women's Rights, I am delighted to contribute to the debate. We are always concerned when the Executive has too much say in making regulations but while section 127 provides the Minister with extensive powers to make regulations, he or she must have regard to 11 detailed qualifying conditions, including a foreign national's contribution to trade and tourism activities; the facilitation of the provision of skills, which has been very important over the past ten years; the pursuit by the State of the maximum social, cultural and economic benefits of immigration; the enrichment and strengthening of the cultural and social fabric of the State; successful integration, to which all parties are committed — this is important in the context of the work being undertaken by the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Conor Lenihan; maintenance of the health and safety of Irish citizens; the promotion of international understanding; the fostering of links between the State and the United Kingdom, which is important in the context of the open door travel policy between both states; the protection of the socio-economic fabric of the State; the protection of the security of the State; and the attainment or implementation of the Government's economic policy. There is a strong check on what the Minister may do.

Immigration has resulted in significant changes. I was glad to see children from my own constituency in the Visitors Gallery earlier and they reflect and represent the new faces of young Ireland, which is very welcome. I hope I will not be accused of plagiarism but a famous politician once described an essential qualification in a politician as "the ability to foretell what is happening now, next week, next month, next year and the ability to explain why it didn't happen after all".

Ireland is at a crossroads in its history. I was born in 1977 and I recall parties on the street in the mid-1980s to say goodbye to people emigrating to the United States illegally. Many of them remain in the US. Immigration was non-existent at the time. Why would people travel to a country with such a weak economy? When I attended college in the early 1990s, the occasional foreign student was a celebrity on campus. Towards the end of the 1990s and throughout this decade, we have experienced mass immigration as opposed to the mass emigration prior to that. However, it has happened relatively suddenly.

The Minister is trying to plan as best he can. In the 1980s and early 1990s, it would have been impossible to foretell the rate of immigration we would experience. It is, therefore, a good time to focus on the development of immigration policy to meet the economic and social challenges faced by the State. I welcome the Bill, which will replace much existing legislation dating back to the 1930s and the Aliens Act. Using the word "alien" to describe someone who is not a citizen of the State demonstrates how ancient is the legislation. The word "alien" is better suited to the age of "ET". Immigrants should be welcomed provided they can integrate and contribute to the social and family life and economic development of the country.

Immigration legislation was also introduced in 1999, 2003 and 2004, but these Acts were designed as stopgaps and not to address the long-term management of migration into the State. However, the Bill will do so and, for that reason alone, it should be welcomed. Members may disagree about various sections but there is general agreement the Bill is welcome and a good, open and frank discussion is needed about its contents. As a member of the justice committee, I look forward to a lengthy Committee Stage. I hope to meet representatives of immigrants' groups who advocate for immigrants in a valuable way before Committee Stage, as Deputy Peter Power outlined.

The legislation, when enacted, will consolidate and comprehensively codify immigration law and it will enable the Government to address non-EU migration. The Union is a vast supranational state and its citizens can travel freely to Ireland. They will not be affected by this legislation. We will continue to welcome Poles, Latvians, Lithuanians and so on who will reside in the State as fellow citizens of the Union. The Bill lays down a number of important principles governing the presence in the State of foreign non-EU nationals, including an obligation to leave if they are not lawfully entitled to be here. It is important to bear in mind Ireland is a welcoming society and immigrants are needed, but the Oireachtas is entitled to legislate for how immigration is managed. The Bill sets out various processes for applying for a visa, entering the State, taking up residence in the State and leaving the State.

I agree with other Members that immigration issues comprise a significant part of our constituency workload. Deputy Burton referred to meeting Irish citizens abroad who have problems and, for example, I have similar issues to deal with at my clinic tomorrow. Hopefully, when the Bill is enacted, many of these issues will be addressed. The removal of an illegal immigrant from the Sate involves a long process currently, which facilitates evasion of our law. There is time and incentive for people here illegally or who have an uncertain status to avoid the process, which is not satisfactory for them or the rest of society. As well as regulating who can enter the State, rights are being provided to people who would like to make an important contribution to their communities and local economies. I recently attended a presentation by Boyne Rovers on its future plans for the club and a recent immigrant to the State was at the top table. Both himself and his family have had a major input into the running of the club, which is welcome. There are many instances of successful integration into communities. Immigrants are generally quite religious and the co-operation of churches is also to be welcomed.

I discussed the issue of bogus marriages with the Minister for Justice, Equality and Law Reform, who is of the view that it is a significant problem across Europe. I expect he will outline the details of the issue on Committee Stage. The provision on marriage to non-EU nationals is controversial but I think it is perfectly reasonable to require that the Minister be notified. He said he would revisit the matter in light of the understandable concerns expressed about penalties for those who officiate at weddings. He will invite useful contributions on the matter on Committee Stage.

A number of contributions have been made to this debate by outside bodies. The Irish Refugee Council sent me a short but constructive document which welcomes much of the Bill but expresses unhappiness with certain aspects. The IRC may disagree with the Government on a policy basis but its input is useful. This Bill meets the commitments made in the programme for Government in regard to immigration and asylum. Statutory provisions will ensure transparent processes at each phase of the immigration cycle. I am particularly happy that provision is being made for family reunification. These provisions are generally welcomed by the IRC, although it has some concerns about them. As Deputies, we regularly meet lawful residents and citizens who face difficulties in bringing over a sick mother or father. I am only a new Deputy but I generally encounter sympathy when dealing with Department officials. However, it is important that statutory protection and a fair process are in place to allow family members reunite. This legislation takes a firm but fair approach to these matters.

Provision is made for a two year renewable visa for people with special skills. That is welcome because we lacked a green card system similar to that of the United States. It is important that the right people work in the country and, where a need arises for workers with particular skills, measures are needed to allow them to come.

Previous legislation on immigration can be described as ad hoc but we were dealing with a situation that was new to us. Immigration rates, particularly among asylum seekers, exploded in the early part of this decade. The number of asylum seekers has since decreased although they are still coming. It is important, therefore, that we pass this Bill to create a statutory footing for immigration. Our economy is stronger today than ever before. More people are working and incomes are higher. People can get on planes and fly away for holidays and we have a fantastic social welfare system. Immigrant workers have contributed a huge amount. We have seen some abuses but these have to be rooted out. Most employers would not tolerate any abuse of immigrant workers. We need to manage the people who come into the country and ensure the system is well regulated. I look forward to discussing this Bill in more detail on Committee Stage.

See this speech in context