Maureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

There is no doubt that the system in Ireland is in need of major reform because there have been so many problems, difficulties and delays in the past for those foreign nationals who have arrived here. It is an abuse of their human rights and we have been guilty of abuse of human rights, which makes a mockery of our position on the UN Human Rights Council. Regardless of the circumstances in which people arrive in Ireland, all should be treated with respect and dignity, but unfortunately this has not happened.

What is to be welcomed is this is a first step in delivering the undertaking to reduce the length of time asylum applicants spend in the direct provision system by establishing a single application procedure. I visited Spirasi, which is based on the North Circular Road. It works with the victims of torture. In 2014, it worked with 600 victims of torture from more than 75 different countries.

The group provided counselling, psychotherapy, medical support and legal support to those victims. Spirasi has welcomed the publication of the Bill and, in particular, the provision for a single application procedure, as do most of the concerned organisations. There is general agreement on that principle. Spirasi has made the point that if it is correctly resourced by the Government, the new system will speed up and improve the protection system for everybody concerned.

However, the group has concerns regarding how the position of vulnerable persons is dealt with in the legislation. The expectation was that the Bill would lay down some basis for the establishment of mechanisms to actively identify vulnerable groups early in the protection process. The key word here is "early". While the Bill does provide that "due regard" be accorded to vulnerability, that only applies where refugee status has been bestowed. Over the years, I have met large numbers of foreign national people in Dublin Central of all ages and nationalities. I am always struck by their sad stories of long waiting times, separation from loved ones, not being able to work or working illegally, with the difficulties that brings, as well as issues around education. We have a real opportunity here to get these things right. The provisions requiring that due regard be given to vulnerability should not be confined to sections 52 to 56, inclusive, but should be applied to the whole Bill. I support the call that care, consideration and monitoring be provided to vulnerable applicants throughout the whole asylum procedure. Many people within the asylum-seeking population are very marginalised and have made very difficult journeys to get to Ireland. They have paid a high cost economically, socially, psychologically and mentally. They are no different from the Irish people who left this country after the Famine and at other times since then.

It is alarming that the Bill is being rushed through the Houses. It might seem like a contradiction, given we have been seeking it for so long, that we are now taking a critical approach when it looks like the legislation will be passed into law. The point is that it is vital to get it right. When concerns are raised by those working directly with and supporting persons in the asylum process, those concerns should be listened to and acted upon. It will completely undermine those persons who engage in working groups if their discussions and recommendations are not part of the finished process. In this instance, it is their considered opinion that these proposals require more consideration and in-depth debate. That is reflected in the number of amendments that have been brought forward, including from the Government.

It is agreed that the Bill will reduce the length of time asylum seekers spend in the direct provision stream and help to ensure they are treated with respect and humanely. However, it also gives a lot of power to the Garda and the immigration service. For instance, the Bill provides that asylum seekers may be detained where they are considered a threat to national security. Unfortunately, what constitutes a threat to national security is very vague. This is the sort of thing the British Government has been hiding behind for years when it comes to engaging with the Justice for the Forgotten group and dealing with prisoner issues in Northern Ireland. We cannot just take the term "national security" and apply it willy-nilly. There is a need for greater discussion on the training needed for immigration officers and gardaí working with asylum seekers. It is vital that there be an independent appeals mechanism. There are concerns, too, in respect of unaccompanied minors. A number of youth groups and schools, including some in the north inner city, have been working with unaccompanied minors. Only for these youth projects and the active engagement of the schools, those minors would have been even more exploited than they have been.

The Minister said that the new system will identify at a much earlier stage those persons who are not entitled to remain in the State and who may be "safely returned" to their country of origin. We must be 100% sure in those cases that we do not expose vulnerable people to dangerous situations in their country of origin, whether the peril is to do with gender, sexuality, religion or ethnicity. There is always a danger in rushing to get legislation through that something will be missed. There is a danger in this case that amendments will not be given the consideration they merit, which will store up problems for the future.

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