David Stanton (Cork East, Fine Gael) | Oireachtas source

I am pleased to be present on behalf of the Minister for Justice and Equality, Deputy Flanagan, who conveys his apologies.

Deputies will be aware that, for a number of important reasons, the Government opposed this Bill when the Seanad discussed it on Second Stage in July 2017 and on Committee Stage in November 2017. A number of proposed amendments to the Bill were tabled on Committee Stage and the Government opposed those as well. This is not to say that the Government is not committed to assisting family reunification proactively. Far from it, as I will outline in my contribution. However, it maintains its opposition to the Bill's provisions. I will briefly outline the key reasons for this.

Both this House and the Seanad passed the International Protection Act 2015, including the changes made to the family reunification provisions, in December 2015 by a significant majority. The Act brings Ireland closer into line with the provisions of the EU family reunification directive and, indeed, contains more generous features, including a longer application time limit and no imposition of economic conditions on sponsors as exist in other member states. At this important time in Europe when EU migration is in danger of becoming a more divisive issue, it is important that we retain our core values of offering assistance and protection to those most in need while not creating a bespoke situation significantly out of step with our EU partners and neighbours.

The proposed Bill seeks to restore the broader definition of "family member" under the old Refugee Act 1996, as amended, while removing the element of ministerial discretion that was contained therein. These discretionary aspects have been used effectively by this Government to respond to a range of humanitarian situations that have arisen in recent times. The amendment proposed by the Senators to the 2015 Act would replace the discretionary permission under section 18(4) of the repealed 1996 Act with a legal right to an open-ended family reunification for extended family members. This would legally oblige the State to reserve resources for unquantifiable numbers of potential applicants with future rights instead of directing available resources to those in greatest humanitarian distress today.

The right to family reunification under Irish law requires that admitted family members be resettled in the same locality as the sponsoring refugee. Local authorities, which are already feeling the strain of providing permanent housing for refugees in the midst of a national housing crisis, would be required to provide additional houses in their areas for the extended family members proposed under the Bill even while we are struggling to identify and share these potential resources throughout the country for those in immediate danger as they flee conflict. This would have significant and unquantifiable impacts on the provision of housing, healthcare, education, welfare payments and other State supports and has the potential to create demand in areas with no capacity to respond. The Bill does not consider the financial impacts of its proposal. As a result, the Government will, if it is deemed by the Ceann Comhairle that such a message is required, decline a money message for this Private Members' Bill.

By reversing the reforms of the 2015 Act and reintroducing an open-ended scheme for a broader definition of "family member", the Bill would substantially curtail the State's ability to respond to an ongoing and future crisis by way of resettlement and other forms of humanitarian admission. Our priority should be to ensure that we can support a maximum number of vulnerable families instead of directing resources towards a smaller number of families who already have had the opportunity to avail of family reunification under our law.

The Bill fails to recognise that the discretionary permission under the 1996 Act has not been abandoned. The Minister proactively applies this provision under the Irish Naturalisation and Immigration Service, INIS, non-EEA policy document on family reunification. Where appropriate, the Minister will waive the economic conditions for sponsors on humanitarian grounds. This practice will continue. This form of discretion continues to be the most flexible tool available to the Minister to allow the State to respond to humanitarian cases when and as they occur. It is impossible to predict in law every scenario that may need to be considered, and ministerial discretion allows the broadest possible humanitarian consideration for such changing and volatile situations facing those fleeing conflict. I urge Deputies not to reduce the impact of such considerations.

The Government actively promotes and provides for family reunification as an important part of the process of integration for refugees in Ireland, notwithstanding that the INIS policy document and other immigration permissions already provide legal avenues for many of the specific cases raised by Senators during the Second Stage debate in the Upper House. In addition, within the framework of the Irish refugee protection programme, IRPP, the Minister and I announced a new IRPP humanitarian admissions programme, IHAP, on 14 May 2018. We did this so that we would be able to respond in a flexible manner targeting those with the highest humanitarian needs and not be confined by the provisions of a prescriptive law. Thus, the scheme is aimed at those most in need of bringing their families here to urgent safety. The categories mentioned by Deputy Clare Daly are covered by this law.

The IHAP provides an opportunity to Irish citizens and persons with convention refugee status, subsidiary protection status and programme refugee status who have immediate eligible family members from the current top ten major source countries of refugees - the Syrian Arab Republic, Afghanistan, South Sudan, Somalia, Sudan, Democratic Republic of the Congo, Central African Republic, Myanmar, Eritrea and Burundi - to propose to the Minister that these family members join them in Ireland. The top ten source countries are selected by the UN High Commissioner for Refugees based on grants of status worldwide and not by any western power as the Deputy alluded to. The list is also subject to change. IHAP prioritises those in immediate danger, as does the IRPP.

IHAP is a two-year programme with 530 spaces available. The first call for proposals ran from 14 May to 30 June 2018. Applications received from the first call have been triaged and processed and I can advise the House that 53 proposals in respect of 91 beneficiaries have passed final security checks, and grant letters will issue during the third week of this month. I can further advise that approximately another 100 proposals in respect of 256 beneficiaries have been identified as potential grants, subject to final security checks. The speed with which this programme could be introduced and processed is an example of a discretion-based system that can and does respond to humanitarian needs. I am pleased to say that the second call for proposals, which will include the opportunity for those who submitted incomplete proposals in the first round to submit fresh applications, will be announced shortly. Thus, in a short time, we will welcome 530 vulnerable family members under this scheme to Ireland. It is anticipated that the second and probably final call for proposals under the programme will launch on 17 December 2018 and run until 31 January 2019. Following a review of its impact and success, we may be in a position to roll out similar schemes in the future at times of crisis.

The debate around this Bill to date has not sufficiently considered the number of legal paths for residents in Ireland to be joined by family members. As well as the humanitarian admission programme that I have outlined, the ministerial discretionary powers are additional to the family reunification provisions already provided for in the 2015 Act, which taken in their entirety allow the Minister to operate a flexible and balanced migration approach that should address many of the motivating concerns of the Senators who proposed the Bill.

The Government has ensured that family reunification is planned and managed to respond flexibly to those most in need and to match resources accordingly. It allows us the space to offer shelter to more people and to maximise resources within the community to ensure that we all work together in our response to vulnerability. To return to open-ended procedures that slow the system and require resources to be retained to meet possible future legally prescribed demands is not the process identified by the Government as the optimum way to respond quickly to crisis humanitarian situations. Indeed, it could have the opposite effect.

In solidarity with other member states, Ireland continues to play its role in helping all who flee conflict. It has responded this summer to requests for assistance to take those seeking protection from ports in the Mediterranean and to accept unaccompanied minors. In addition, further significant numbers are expected shortly under the resettlement programme. Our current legal provisions remain the most accessible in the EU and our discretionary humanitarian responses are at the forefront of European initiatives. I assure the House that we will continue to prioritise family reunification while retaining the flexibility that has proven so effective to date in making a real difference to those who depend on us for international protection in times of conflict. I am confident that the existing provisions of the Act and the proper use of discretionary powers in a progressive manner have enabled the Government to respond proactively and with compassion to those most in need. We want to continue, on behalf of the Irish people, to respond to those fleeing conflict and wishing to build a new life in Ireland for themselves and their immediate family members.

As everyone knows, we welcomed 41 unaccompanied minors from Calais. Tusla has worked with them to progress 21 families to join the unaccompanied minors welcomed here.

Deputy Clare Daly raised some cases. I must point out that they are eligible to make a proposal under IHAP and grandparents are also included. This is why we have the IHAP system. The Deputy also mentioned some people who came here as unaccompanied minors and upon reaching 18, could not request family members to join them here. If she could point out the particular prohibition, I will have it examined but we are not aware of it currently so perhaps she could bring that to our attention. Perhaps she could write to me because I would be anxious to hear about it.

There is an implication in the publicity around this Bill that it is giving a right to family reunification for the first time. Every person found to be in need of protection has a right to family reunification guaranteed in Irish law under the International Protection Act 2015 as defined. We are working with the UNHCR on IHAP. One staff member is assigned to the scheme. I must also point out that the Government is not a recent convert to family reunification. We guaranteed it in the International Protection Act 2015 and the former Minister for Justice and Equality, Alan Shatter, brought in the Syrian humanitarian admissions programme in 2014 while another former Minister for Justice and Equality, Deputy Fitzgerald, guided the Irish refugee protection programme in 2016. The current Minister for Justice and Equality brought in IHAP in 2018. All of this is in addition to rights set out in law benefitting those in greatest need who are trying to flee conflict zones and seek safety here.

We must be very careful about getting rid of discretion. Some Senators have spoken about taking away the discretionary power. Discretion is hugely important here. The Minister can move and make decisions very quickly. Under IHAP, it is very flexible. The numbers that are coming forward are quite significant so I ask colleagues to think again about this and have another look at it but the Government is not in a position to support this legislation. We are very happy that what we have is working well and is way ahead of and better than what is proposed in this Bill.

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