Timmy Dooley (Clare, Fianna Fail)

I welcome the introduction of this Bill and the opportunity to discuss it. It is regrettable it has taken so long to find a consensus at one level and deal with the intricacies that had to be dealt with in this particular legislation. The delay was partly down to this issue of inward migration not concerning Ireland until relatively recently. I hope this Bill will take into account many of the lessons we have learned and problems identified resulting from difficulties and issues in dealing with immigration. It seems to do so.

There is little doubt that the Bill's taking so long has meant people have suffered. The country has suffered at one level and some of the people who have sought to live here have been less than fairly or adequately treated, as one would expect in a modern society. It is important we look forward rather than back and learn from mistakes. We should try to ensure the legislation is teased through. I am looking forward to considering the legislation on Committee Stage to ensure that in so far as is possible with any legislation, the end document will provide a sound foundation on which to continue immigration policy.

At one level this country should be very well versed in the issue of immigration and migration. We have had a chequered history and tradition considering the economic migration we have seen in our own country right back to the Famine and before. There is a suggestion that many of those currently looking to live in the country are probably more economic migrants than asylum seekers, which the statistics bear out.

That should not surprise anybody in this country. As Deputy Feighan stated, his family and mine would have benefited from the capacity to migrate, not just to the UK but to the United States. My grandmother went to the United States in 1910 or 1911 and returned home after a period of time. Right through history this country has seen the real benefits of economic migration to other countries. As Deputy Feighan indicated, there is still an issue with the undocumented Irish.

Some of the Irish who went to England were treated dreadfully and some were treated well. Some flourished and some fell between the cracks. We should have a great knowledge base of such issues and we should not be surprised or hold back when dealing with people who want to come here.

As a modern society it is clear we will be judged not on how we embrace the strong but more on how we reach out to the weak. That is true for many ways in which the State interacts with its citizens and those of other countries in the world. As a society and nation we must learn from our own experiences and we have a strong knowledge pool in that regard. We have a strong basis on which to put forward policies that will address this issue. Irish immigration played a positive role in the United States, where in the region of 50 million Americans claim Irish heritage or ancestry. Irish people are to the fore in politics and some of the largest blue-chip companies in the United States. That is positive for us. The American public would argue that our work ethic has been positive for it. Both countries have benefited from the connection and we continue to benefit, being the most successful in Europe regarding attracting greenfield investment from the United States.

The undocumented Irish travelled to the United States in the mid to late 1980s and early 1990s. While that issue is separate from this debate, I wish to address it in the context of the Bill. As we approach St. Patrick's Day, when effectively the entire United States becomes Irish for a few days, we should keep these people to the fore. The Taoiseach and the Minister for Foreign Affairs have done immense work to alleviate their plight. Many tied up in this debacle are from the west and had to leave. We now owe a considerable debt to them, to ensure that they can pass to a documented status that allows them to continue their lives. Our economy is stronger than when they left, affording them an opportunity to return. They may have intended travelling to the United States only for work but are now married and have families there. Their children are American citizens and they need closure to allow them to live as we would want and expect. It is particularly sad that people are unable to return to bury their parents or siblings, and to attend family weddings and other celebrations such as retirement parties. An effort is being made to help them.

There will be a change of president at the end of the year in the United States and maybe even a change of party in that office. I look forward to the outcome of the election to see whether efforts can be made to resolve this problem. Senator McCain co-sponsored a cross-party Bill with Senator Kennedy to bring about a satisfactory outcome for the undocumented Irish, which unfortunately did get through the Houses. It is a complex area but I hope it can be resolved at the earliest possible opportunity. As we have a duty to the people coming into our country, we also have a duty to protect those who had to leave.

It is important that we equip ourselves with short-term migrants. Many who come here have something to bring from their educational background or their ability to work. We are recovering from a difficult period and the damage caused by emigration, not least the toll it took on families and society. We have recovered economically but are only starting to recover from the great personal loss. Migration led to a brain drain. We are fortunate that with economic success people who were perhaps unskilled when they left have returned with new skills. That is part of the short-term migration some countries experience, which has a long-term benefit.

The 1980s seem to have been a turning point here from suffering the ravages of emigration to grappling with inward migration. That was due to the economic plans put in place in the late 1980s by a former Taoiseach, Charles Haughey, and former Minister for Finance, Ray MacSharry, and the Cabinet at that time. They consulted with the Opposition too resulting in the Tallaght strategy which was based on consensus that something had to be done. Thankfully, that worked and we are reaping its benefits.

We have no choice but to introduce this Bill because it is important to put in place the tools to manage migration and immigration. I am somewhat disappointed that it has taken so long but the fact that the Bill is based on detailed research and lengthy consultation with interested parties will hopefully ensure that the safeguards and quality of deliberation will stand the test of time.

The Bill fairly adequately addresses the necessity to balance the rights of the asylum seeker with responsibility to those living in the State. The process is slow because the State has to be sure that an applicant is in real danger of prosecution or worse if returned to his or her state and there is a duty to protect that person. Many, however, are found to be nothing more or less than economic migrants. One might say fair play to them for trying. They have nothing to lose and all to gain. Many Irish people travelled to the United States on the same basis; they could not apply for asylum but they were trying to find a better future for themselves and their families. The Bill addresses well the State's duty to its citizens and to others living here and the integrity of the European Union which must be central to any immigration policy.

The process is far too slow. The refugee application commission is an independent body and if the applicant is not satisfied with the outcome, he or she can appeal to another independent body. There is often also a slow court procedure. The Bill sets out to change the lengthy methodology by which each aspect of a case is considered serially.

My understanding is that the new Bill will put in place a system that will allow all aspects pertaining to those applicants who wish to remain in Ireland to be considered together in order that when a determination is made, ultimately all elements will have been addressed. Consequently, when the application goes to the first layer of appeal, the entirety of the application will be appealed, rather than being done on a piecemeal basis. This is the most critical element because previously, it is clear that processing elements of the appeal in series delayed the process and allowed difficult situations to arise on all levels.

This Bill also will establish for the first time a proper immigration process with the capacity to apply for visas. Just as importantly, it will move from the principle of permitting temporary migration on a year to year basis to the concept of long-term residency. Most countries have such a system. As economically well-positioned countries should have such a system, it is welcome.

While the five-year limit to apply for naturalisation has applied for some time, it should be managed somewhat better. It is quite slow for those who live here and contribute in a real way to the economy and this matter should be examined. One also must recognise the contribution of migrants. One must recognise that the skill base possessed by many of those concerned is of benefit to us. This can be linked to long-term residency, as do other countries that operate points-based systems and systems that identify skills shortages and the requirements of an economy. Members can look forward to such a system having an impact. Deputy Feighan suggested removing some of the mystery that exists with regard to the back office processing at present. The passage of this Bill will put in place a more structured and better foundation for delivery in order that people have clear expectations in respect of the outcome, as well as clear deliverables that will work to benefit everyone.

Migration has served the Irish people well and has done so on two levels. It served our society well when the economy was at an embryonic stage in respect of our capacity to emigrate to countries that could provide better futures, perhaps better levels of education and better acquisition of skills. Many of those concerned have returned and continue to return and migration has worked well from that perspective. Migration now has the capacity to serve us well by providing a labour pool when required. It is unfortunate that a couple of years ago, the State was issuing 45,000 to 50,000 work permits per year, which is not necessarily the best way to deal with it as a more structured approach is possible. While migration now serves the country well, it must be well managed and fair. It must be fair to the applicant and to those who are present in the State. The State has a duty to protect those who live here, a duty to provide a safe place to live for them and a duty to provide a sustainable economy for both those who have immigrated here and those who live here.

I wish to address some other issues in the context of this debate. While there is little doubt that a percentage of immigrants are criminals or are from a criminal fraternity, a percentage of the indigenous population also is criminal and is involved in criminal acts. One must be careful as to how this issue is managed and dealt with. The absence of a proper immigration system has allowed people to flag some of the negative aspects of the asylum seeking process and to try to use it to hide or mask an inherent racist tendency in certain quarters. This Bill will provide a more streamlined approach towards the processing of such applications. Hopefully it will weed out spurious cases more quickly and will remove the trafficking element in particular more quickly because Ireland no longer will be seen as a soft touch or a soft target. This will prevent certain groups in society, who clearly are racist in their thinking, from having a flag of convenience with which to proffer their views. For this reason, the Bill will be welcomed generally.

The Bill contains a provision in respect of the issue of marriage of foreign nationals or non-EU nationals that is not entirely clear. Perhaps the Minister of State will pass on to the Minister my desire to have a broader discussion of this issue. Undoubtedly a problem exists and it is important to address it for the benefit of all. Although a trafficking issue clearly exists, an issue also arises in that marriages are arranged in some cases. While this may no longer be a normal method of meeting someone in today's society, this practice took place in Ireland in the past. I know of several cases in County Clare in which people ultimately have found happiness by making contact, perhaps through the Internet or some other arranged process, with people in third countries. While this may not be conventional in today's dating or courting methodology, it has worked and brought happiness to them. Members should not rule out the practice completely on the basis of the concerns that have been expressed. The issue must be addressed more fully.

See this speech in context