Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the Deputies who have contributed to the discussion on this Bill. I will take up a number of individual points that have been raised by Deputies. Deputy Olivia Mitchell asked whether older people could benefit from family reunification. Older people are identified as a category under section 57, which acknowledges categories of vulnerable people. The Bill fully complies with all rights set out in international law. I share Deputy Maureen O'Sullivan's points relating to vulnerable groups and section 57 has a very comprehensive list of categories which includes people with disabilities, older people, pregnant women, single parents, victims of human trafficking, people with mental health concerns, people subject to torture, rape or serious psychological, physical or sexual violence. Domestic violence was raised earlier in the debate and there are a number of sections dealing with the best interest of the child, about which I will say a bit more in a moment.

There are wider issues relating to direct provision which I, the Minister of State at the Department of Justice and Equality, Deputy Aodhán Ó Ríordáin, and the Government are committed to addressing, and are addressing in a variety of ways. Work is going on in the area of direct provision and the people on the front line know about the decisions that have been taken recently on many individual cases. These people have sat in front of me and confirmed that it is happening. In another initiative, a number of agencies have gone into direct provision centres and held information meetings with residents who have gone through the process and are waiting for accommodation. New information material is being provided as a result of consultation with Citizens Information and other agencies, all of which are working together to make sure residents can be more empowered and better supported as they go through the process. The Minister of State at the Department of Justice and Equality, Deputy Aodhán Ó Ríordáin, is leading a working group dealing with the accommodation needs of people who are still in direct provision but who have gone through the process and need accommodation now because they have been deemed to be refugees. This is happening and the numbers have reduced.

There has been a decision from the Minister for Health on prescription charges not applying and from the Minister for Education and Skills on access to university. These are all very important initiatives and there is more work to be done. The Bill was not intended to deal with the very wide range of other issues. A number of Deputies have said there were X recommendations in total but that we were only dealing with a certain number. However, not all of the recommendations were dealing with the process. Some dealt with other issues, such as the proper inspection of direct provision centres on which we have been working. Of the recommendations of the working group, we are putting forward 26 relating to individuals applying for protection.

People also made comments about victims of the conflict in Syria. Ireland did not have to opt in to the measures put forward at European level in the JHA Council. We opted in voluntarily, and very quickly, because we felt it was the right thing to do. Clearly, there is a huge international situation and a humanitarian crisis. As Deputy Mac Lochlainn said, it is one of the most serious crises the world has faced in respect of refugees. I have heard some very simplistic and reductionist comments about the international refugee situation from certain Deputies, who talked about the foreign policy of the Irish Government. I reject reductionist comments about the scale of the world's refugee problems and about the complicity of the Irish Government. Deputy Olivia Mitchell, in her very thoughtful contribution, pointed out the scale and complexity of the world refugee problem. Our Department of Foreign Affairs can look at funding we give internationally or we can consider, at the JHA meeting, the type of support we need to give to African countries near to the countries from where the vast majority of the exodus is happening. Clearly, there are major development aid issues and climate change is one of many factors causing the situation at present, as is the humanitarian crisis in Syria which is causing very significant numbers to come to Europe. A reductionist and simple view of this situation does nobody any favours as it is a complex international situation.

This Bill provides a framework compliant with international humanitarian law to make sure genuine asylum or protection seekers are not deported or made subject to prolonged direct provision, and that includes children. I want to give the best protection possible to children in the context of what is a protection and immigration Bill. I am mindful of the constitutional changes we have made relating to children and these apply to all children in this country. I will examine carefully the amendments being put forward for Committee Stage and I am accepting some amendments which have been made already relating to children. In so far as I am in a position to do so, I will make sure we have the strongest possible provisions in the context of immigration.

While we have constitutional protection for the rights of all children, we have specific rights relating to adoption and custody. There are certain legal issues which I have to keep in mind in framing the provisions in this Bill. Deputy Mac Lochlainn made certain points which were the subject of amendments put forward by his party in the Seanad. The language may not be precisely the same but I believe those points are already captured, in other language, in the Bill and I will address them on Committee Stage. Some amendments have come in suggesting we are not dealing with certain aspects but a closer examination of the Bill shows that we are dealing with them.

Section 24 concerns the examination to determine the age of an unaccompanied minor and it states: "The best interests of the child shall be a primary consideration in the application of this section." As regards applicants who are unaccompanied minors, section 35 states that the officer shall act "taking the best interests of the child as a primary consideration". For anything to do with unaccompanied minors, the person making the determination will act in the best interest of the child. For vulnerable persons, too, the best interest of the child shall be a primary consideration. Obviously, children who arrive here unaccompanied or are seeking refugee status are in vulnerable situations but their best interest will be a primary consideration.

Deputy Mac Lochlainn also made a point about children being prevented from competing in international sporting events because of reporting duties. The Minister can use discretion in this regard and specific circumstances are always considered. As applicants, they do not have permission to leave the State but there is a discretionary clause that can be used. It is right to use it and it should not be unnecessarily restrictive in those circumstances.

Deputy Clare Daly talked about the harrowing case of a tortured individual but that is precisely the sort of case that should get refugee status.

As a result of this Bill, they will get recognition within a much shorter period than was the case previously. The Bill can only benefit genuine refugees, as we remove the delays in the system. The delays disadvantage qualified applicants because they have led to people having to spend years in direct provision. For example, we assume the new migrants will get refugee status because they are mainly from Syria, but those applications will be dealt with in a quick way as well. We have allocated funding to ensure there are extra officers so people can be assessed more quickly when they arrive here.

With regard to LGBT people, obviously they are to be considered under the protection category set out under international law. If they are being persecuted, they are protected under the Bill and are clearly recognised in our protection process already.

Senator Bacik outlined on the record the NGOs that welcome the Bill. I accept that a number of them have spoken about their various reservations, but the advice we got from various NGOs has shaped the approach to the Bill and influenced the amendments we tabled and which we will table in the Dáil.

I reject the notion that only a cursory examination will be given to applicants under the provisions of the Bill. That would be unlawful. It would unacceptably alter the current protection process, which complies with UNHCR standards. I cannot accept the argument that we should retain the very cumbersome and layered system we have at present. It is out of kilter with the approach taken by other European countries. The current approach is unacceptable to all who seek to rely on an effectively functioning, humane and beneficial protection system. We want to have such a system in place.

I refer to the discussion on the right to work, which was one of the recommendations in the working group report. The intention of the Bill is to give a protection decision within six months. People who are granted refugee status have a right to work. With this legislation in place, the determination will be received within six months, so people will know within six months whether they have the right to work. The Bill helps people in that situation because, again, they will not be waiting around endlessly.

With regard to family reunification, Ireland has prioritised families under the Irish refugee protection programme. People granted status under the Bill will have 12 months to apply for family reunification. Deputies expressed some concerns about the 12 month period. If there is a family member who, for whatever reason, is not identified in the first process and within the 12 month period, that person can always apply as an individual for refugee status. Their needs can be taken into account, including the fact that their family members are here already. It should be borne in mind that if somebody does not come here under family reunification, they can still make an individual application and be considered in that context.

On the points raised about education, all applicants have a right to access education at first and second level and up to FETAC level 4. I mentioned the recent decision of the Minister for Education and Skills, Deputy Jan O'Sullivan, with regard to ensuring that children in the direct provision system will now have access to university. That was a humane and proper decision given the length of time and the fact that many of these young people, and it is not a large number, had been through primary and secondary schooling in this country.

At a time in Europe when there is clearly great need to offer protection, it is vital that our resources are targeted at, and available to, those in need of protection and that we ensure the security and integrity of the State are paramount at all times. I have said repeatedly that it is very important there is no confusion between the challenge of the international humanitarian situation, particularly the situation in the Balkans and the Mediterranean, and the other big challenge facing Europe in terms of security and tourism. I agree with what was said by a number of Deputies, including Deputy Mac Lochlainn, who made the point that we should not confuse the two. Obviously, however, some security considerations apply and we must ensure all of the initiatives in respect of fingerprinting and proper data being collected on those who seek refugee status are implemented as well.

This Bill establishes a single application procedure which brings us in line with the procedures undertaken in other EU member states. In supporting this Bill, we are moving closer to reforming the protection process into a single application procedure. I believe it will bring significant improvement in how the State conducts itself in the asylum area and in how we respond to those whose genuine applications deserve a timely and positive outcome. I commend the Bill to the House.

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