Alan Shatter (Dublin South, Fine Gael)

I appreciate that previously the Deputy raised this issue and we discussed it. Section 19 of the Immigration Act 2004, as currently drafted, only makes provision for a fee to be charged for the giving of a permission under the Act. There is no provision for an application fee to be charged. My proposed replacement for that section remedies that situation by making it possible to charge an application fee, a fee for the giving of the permission, or both. The Deputy's amendment would prevent me from doing this. The effect of his amendment No. 17 would be to delete the proposed new section 19(1)(a), which makes provision for the charging of a fee for an application for a permission, the giving of a permission, or both. Amendment No. 18, which is also in the Deputy's name, seeks to amend section 19(1)(b) so that it provides for the power to charge a fee either for an application for a permission or the giving of a permission, but not both. It would also have the effect of waiving the registration charge in any case where the person has paid an application fee - not just when the foreign national registers for the first time, but also at renewal stage. It also prescribes that application fees should be paid to the registration officer, as opposed to the Minister, even though the registration officer may have no dealings with the case, for instance in an unsuccessful application. My proposed text would be a standard application fee to be charged in respect of permissions. That fee would be set at a level that would cover the administrative costs associated with receiving and investigating the application. If the application is granted, an additional fee could be payable. If the application is refused, no additional fee would be payable. If I were to be precluded from having this flexibility, as would be the case under the Deputy's amendment, I would have to set much higher application fees. In this manner, failed applicants would be subsidising the cost of giving permission to successful applicants. Under the circumstances, I am afraid I cannot accept Deputy O'Brien's amendments.

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