Seán Connick (Wexford, Fianna Fail)

I welcome this opportunity to discuss this Bill and the general issue of immigration. I commend the Minister, Deputy Brian Lenihan, on presenting this Bill to the House and recognise the work the Minister of State, Deputy Conor Lenihan, with responsibility for integration has carried out with the immigrant community to date. I wish him well in the future, as this will be an important area. He has a important role to play in this regard.

Immigration was never an issue that affected Ireland. For generations Ireland was a nation of emigration and the only immigration we saw was minimal. Largely because of this we did not have the necessary laws or resources in place to deal with a sudden rise in numbers immigrating. When I left school in 1980s, it was a time of mass emigration and depression. The economy was poorly and depressed and people had no choice but to emigrate. I left school in 1981 and within five years of doing so some 80% of my classmates were overseas. Therefore, the Irish have gained considerable experience and know only too well the difficulties sometimes faced when living in another country. I point to the many difficulties faced by many Irish emigrants living in the US. Like my colleague, Deputy Dooley, who commented on this issue, I look forward to an incoming president in the US who may at last tackle this issue, which is difficult for many families here and in the US.

The level of immigration here from the mid-1990s came to us unexpectedly and it is only with the publication of this Bill that we are developing a co-ordinated approach to immigration, which examines immigration to Ireland in a long-term context. This Bill will also help us to meet the majority of commitments made on immigration in the programme for Government and will lay the groundwork to allow us to achieve the remainder of these commitments.

Despite the fact that immigration has caused some of the biggest social changes in Ireland over the past decade, we as a society have not had a proper debate on our attitudes to immigration and I hope the publication of this Bill might facilitate such a debate. Unfortunately in the past, anyone who opposed the orthodox view of immigration in the public sphere was shouted down, isolating those who do not support an open door immigration policy. This has had the effect of stifling debate on our views on immigration.

I hope that, with the publication of this Bill, Irish society will now be able to have a mature debate on immigration. I hope, too, that anyone who expresses unease in this debate about a lenient immigration policy will not run the risk of being accused of being against immigration. The isolation in the recent past of those who have expressed unease as regards the level of immigration has only served to increase hostility and to make the integration of immigrants a more difficult process.

It is only when we accept that Ireland must have some form of controls that we will be able to take a mature approach to immigration, which treats the needs of immigrants and the concerns of Irish society equally. In the most recent census, I notice that Rosbercon in New Ross, where I come from, had the highest percentage of foreign nationals in the country. More than 60% of the people who now live in Rosbercon are foreign nationals, which is an enormous increase for a small village area. However, we have adapted and coped quite well. It is wonderful to see the many different nationalities use the facilities we have in our town. As I drive through Rosbercon every day, I am reminded of the important role these people have played both in our society and in terms of the contribution they have made to our economic success.

However, I feel there is a very important role also for the Department of Education and Science. One of the most requested issues in my constituency office from immigrants is English classes. Many of these people are highly educated, often to degree level. In many cases they are working in relatively meaningless occupations in terms of their qualifications. They are prepared to do any type of work until they have a competent level of English and can communicate and perhaps take up a position in line with their qualifications.

One of the areas we must concentrate on as a Government is ensuring that the provision of English classes for these people is a priority for the future. The frustration they experience in trying to deal with day to day issues is compounded greatly by virtue of the fact that they do not have English. I am mindful that in certain instances, parents often bring their five or six year old child to the constituency office to translate because the child is at school and has some English. The parents use him or her as a translator to try to communicate the difficulties they encounter. This is one of the areas we need to be very mindful of and on which attention must be focused also. Obviously, integration into Irish society is very important, so the ability to communicate in English is vital.

When large-scale immigration into Ireland began in the 1990s, much of the related legislation was based on the Aliens Act 1935, which had been drafted in a different climate and did not reflect the realities we now face. The various immigration Acts adopted by the Oireachtas in 1999, 2003 and 2004 were very much stopgap measures intended to deal with the circumstances as they arose, both then and now. However, none of these Acts took a long-term view on immigration policy and did not chart how this country intended to deal with immigration over a long period of time. I believe the Immigration, Residence and Protection Bill 2008 is the first item of legislation placed before this House which outlines a long-term strategy for a response to immigration and which establishes standard practice for those who wish to migrate to Ireland.

This Bill has been drafted based on the experiences of this country over the past decade and follows a comprehensive consultation process which sought the views of those with an interest in immigration policy. I am mindful that two main types of immigrant come to Ireland. There is the immigrant who intends to stay and set up permanent residence in Ireland. Then there is the person who intends to work here for a period of ten or 15 years, send money home and perhaps be in a position to improve the life of his or her family back in the old country. We must allow for this type of choice among immigrants.

As I have pointed out, many of our friends and family members who went away in the 1980s returned in the mid to late 1990s. The onset of the Celtic tiger provided that opportunity and they brought back with them much-needed experience and many of them now contribute greatly to Irish society. We must be mindful of the fact that people might want to come here for a relatively short period to better themselves and then return home. It is not something they should be criticised for or chastised over in any way.

The Bill is important legislation which will allow us to regulate who will migrate to Ireland. The decision as to who can migrate to here is an important process. The Government has a responsibility to decide which foreign nationals can live here and who cannot. In doing this, the Government will be helping to make Ireland a better place to live in, both for Irish citizens and newcomers, as well as meeting the needs the economy might face at any particular time. It will also ensure that Ireland reduces the risk of being used as a base for international criminality. If the Government or its agents did not have the power to make these decisions, then effectively we would be operating an open door immigration policy. If that happened, immigration policy and legislation would be meaningless in this country. We would also be failing in our duty towards our European partners as regards ensuring the borders of Europe were protected. I am satisfied the Bill will give the Government a meaningful framework to make these important choices regarding migration into Ireland in the future.

I also want to take the opportunity to thank the many people who have decided to make Ireland their home, those who have come to make a contribution to our society and economy. They have brought many of their traditions and customs with them. In New Ross, many immigrants have integrated into society and contributed greatly to many events, such as our theatre and festivals. I look forward to that process continuing. It is something we should embrace and encourage.

As well as the general processes established by the Bill, there are a number of important specific developments that deserve mention. The process of securing a visa to migrate to Ireland up to this time has been unnecessarily dragged out for those seeking to move here. Separate elements of an application are considered at different stages of the review process and this has meant they take far too long to complete. Indeed, one of the most welcome aspects of the Bill is that structures will now be established which will allow all aspects of an application process to be considered ab initio. This will lead to decisions being taken on a far quicker basis and will ease the emotional pressure on applicants who must wait for long periods of time before a decision is made. It will also ease the financial burden on the State, which is responsible for monetary support of asylum seekers awaiting a final decision.

Many of the complaints I receive in my constituency office are from hauliers who want to employ foreign truck drivers and who sometimes face major difficulties trying to get in these people. The same is true in the medical sector. Business and commercial activity moves at a very fast pace. The task of trying to get visas for people to come to work in this country is complicated, drawn out and costs the State a good deal of money. If this Bill can effectively speed up that process, it will, I hope, mean a reduction in the level of frustration faced by many employers when they are trying to fill positions.

The Bill also provides a clear definition as regards who is, and is not, allowed to be legally resident in Ireland. It means that no foreign national can be in any doubt as to whether he or she is lawfully in the State. If he or she has permission from the Minister for Justice, Equality and Law Reform, then he or she is lawfully in this State. If he or she does not have this permission, then the residency is not lawful and he or she has an obligation to leave immediately. The Bill provides that people living here illegally can now be subject to deportation without notice. This will end the situation we have seen in recent years where many who had been served with deportation orders with 15 days notice simply disappeared.

One of the most progressive aspects of the Bill is the concept of long-term residency, which will be recognised for the first time under Irish law. Up to this time, we have viewed immigration as being on a temporary basis. Immigrants had to apply for a continuous series of visas to allow them to reside in Ireland until they became eligible for naturalisation. This system does not provide stability in the lives of many immigrants who would like to reside in Ireland on a long-term basis.

The requirement to speak English is important as it will assist these long-term immigrants to Ireland to integrate into their new society.

One of the most disturbing aspects of immigration in recent years has been the apparent rise in the number of marriages of convenience which are arranged with the sole purpose of allowing someone to migrate to Ireland. This Bill includes a number of provisions which will make marriages of convenience far more difficult to organise and will reduce the possibility of someone using a marriage of convenience as a basis to migrate to this country. Due to the emotional nature of marriage, it is very important that we get this process right and I believe that the correct procedures are now being put in place to achieve this. It should be recognised, however, that Irish citizens who enter into genuine marriages with non-nationals have nothing to fear from the provisions of this Bill which deal with marriage.

The House recently discussed human trafficking as part of a debate on the Criminal Law (Human Trafficking) Bill and considered Ireland's responses to this vile form of human exploitation, the new anti-trafficking unit and the national action plan. The Bill contains many measures which will aid our fight against human trafficking and will help to provide a humane response to the victims of trafficking. Deputy Coveney and I have spoken about this issue and I believe we are both of the view that the Criminal Law (Human Trafficking) Bill is of vital importance. Rosslare Europort is in close proximity to my home in County Wexford. A number of television documentaries, in particular the BBC "Panorama" programme, highlighted that the Bulgarian criminal gangs are trafficking people through Rosslare and were bragging openly in the documentary that they used Ireland as a gateway to the UK. This was very alarming and I am delighted that provisions against human trafficking are included in this Bill. I refer to an incident in Rosslare some years ago when a container was opened and it contained people who had died inside it. People in County Wexford are keenly aware of the terrible tragedy which the awful and despicable act of human trafficking can cause.

I wish to acknowledge the discretionary powers resting with the Minister for Justice, Equality and Law Reform with regard to immigration policy. It should be recognised that in the majority of cases where the Minister has used his discretionary power, this has been to accommodate people wishing to move to this country rather than to refuse entry. Deputy Ó Caoláin referred to the discretionary powers Act. Discretionary power is vital and I have seen it at work, particularly in instances where people who are very ill have requested permission for a family member to come to the country. I have found that Ministers have always been very helpful in this regard. This discretionary power is vital for the success of this Bill. I doubt there are many Members of this House who have not appealed to the Minister to use this discretionary power in individual cases and I am pleased this discretion is retained in the Bill.

I commend the Minister for Justice, Equality and Law Reform on presenting the Immigration, Residence and Protection Bill to the House. This Bill is most welcome and it will allow us to develop long-term strategies to plan not only for immigration to our country but also to combat those who wish to circumvent our immigration laws.

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