Dáil debates

Thursday, 6 December 2018

International Protection (Family Reunification) (Amendment) Bill 2017 [Seanad]: Second Stage [Private Members]

 

7:10 pm

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

He is from Syria. He Skypes his mother daily. He has now reached 18 years of age. His time lapsed by the time he was put into care, through foster care and everything else. He did not know his rights. He did not know anything. The year has gone and he has not had the opportunity to apply for reunification. He Skypes his mother daily but, because of his age, he has fallen through the cracks. It is plain that is the cost of the changes which took place in 2015.

During the debates on the original Bill, we made clear our reservations and concerns about a number of areas and we brought forward amendments on foot of those concerns. The Irish Human Rights and Equality Commission recommended that consideration be given to a range of family relationships to which Article 8 of the European Convention on Human Rights can apply in the context of this legislative proposal. The Act does not provide any means for a refugee or person eligible for subsidiary protection to apply for family reunification with other dependent family members, including parents, wards, grandchildren and adult children. The Refugee Act 1996 included the possibility for refugees to apply for dependent family members, meaning any grandparent, parent, brother, sister, child, grandchild, ward or guardian of the refugee who is dependent on the refugee or is suffering from a mental or physical disability to such an extent that it is not reasonable for him or her to maintain himself or herself fully.

In plain English, what I am trying to say is that what happened in 2015 in some respects has not worked. We cannot say that what is the value of one family in one country is not the value in another. We all know here that family is mother, father, brother, sister, uncle, aunt, grandparent no matter what length of time it takes to reunify the family in this country. Whether it be children who were adopted with no rights in the past who had no access to knowing their true relationships at all times or whoever, and given the way we talk about our deep dark past, of which the Minister, Deputy Zappone, is at pains to remind us, we are now starting to see the value of family reunification. That process could take the guts of ten, 20 or 30 years. What we are saying to refugees coming into this country is that, unless they get there in a year, the game is up. That is the flaw in the 2015 measure that we should consider. I agree with Deputy Bríd Smith that there is a necessary correction. It is as simple as that.

It is disappointing that the Government is not in a position to support the Bill. This is an issue that will not go away. Senator Colette Kelleher has support in the Seanad. Deputy Clare Daly has the support of the majority in this House. Unfortunately, it is something that will continue to be discussed. It is something on which we must achieve balance because we cannot say that refugees can come into this country and have not the right to family reunification.

As I stated, my party is supportive of this. I would like to think that somewhere along the line we could let this go to committee, as Deputy Ó Snodaigh stated, to be teased out to such a degree that we can reach a positive resolution.

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