Dáil debates

Wednesday, 12 December 2018

Saincheisteanna Tráthúla - Topical Issue Debate

Immigration Policy

4:50 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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Ar an gcéad dul síos, I thank the Ceann Comhairle for allowing us to raise this issue here this evening. It is my hope that we can discuss this issue without accusations regarding motivation coming into the debate. My colleague, Deputy Fitzmaurice, and I have raised this issue because there is anxiety about the implications for Ireland of becoming a signatory, as I understand we have done, to the global compact for safe, orderly and regular migration, which was adopted this week at the UN intergovernmental conference which took place in Morocco. In response to a recent parliamentary question, I was told that the compact is "non-binding and respectful of national sovereignty". I was also told that this is happening "against a background where individual States cannot address challenges relating to migration alone. For example, cross-border efforts are essential if human smuggling and trafficking is to be reduced."

However, on foot of a parliamentary question I tabled to the Minister for Justice and Equality, Deputy Flanagan, last July, we know that there has not been a single conviction for human trafficking under the provisions of our own Criminal Law (Human Trafficking) Act 2008, despite the fact that there were two prosecutions under the relevant section of the Act in 2016 and four prosecutions in 2017. If we cannot get our own house in order with respect to trafficking and people smuggling, what hope do we have of addressing the world's people trafficking problems? As I said, there are great concerns about this. I am raising this issue in a non-adversarial way because we are concerned. Since 2012, a total of 101 prosecutions have been issued under the Criminal Law (Human Trafficking) Act 2008. The vast majority of these prosecutions relate to offences under the section of the Act covering child trafficking and pornography, which we also have to cover. While on the one hand it is very encouraging, I cannot fail to be concerned about the fact that only 48 convictions have emerged from the process since 2012.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I thank the Ceann Comhairle for selecting this Topical Issue matter. Public representatives across the country have been inundated with emails and phone calls from people who are concerned about the compact. There was a ferocious debate between two candidates for the leadership of Angela Merkel's party in Germany. There is concern in other countries. Some of the stuff out there may not be accurate. I do not know. I would have thought, however, that there would have been statements or a debate in the Dáil on such an issue before the Government would sign this compact with other countries. Perhaps I am wrong on the procedure but I would have expected a debate in the Dáil. I would like to hear the Minister of State's thoughts on the matter.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I am taking this matter on behalf of the Minister for Justice and Equality who unfortunately cannot be here. He sends his apologies. I sincerely thank the Deputies for raising this important topical matter. I am happy to provide some background and context to the global compact on safe, orderly and regular migration.

As has been said, the Minister has just returned from the intergovernmental signing conference for the compact in Marrakesh, where more than 140 UN member states were represented, most by senior ministers or Heads of State. This debate is an opportunity to clear up some misconceptions about the compact being pushed by some politicians - though thankfully none here - for obvious political ends and, in particular, by users of social media. Ireland has been closely involved in the development of the global compact on migration and, alongside Jordan, Ireland co-facilitated the 2016 New York declaration on refugees and migrants, a direct precursor to the compact.

It is clear that mass migration across the world cannot be managed by one country alone. Migration is a global issue, which requires global co-operation. The global compact on migration, agreed this week by a significant majority of UN member states in Marrakesh, is a legally non-binding document that looks at migration from a global perspective. While non-binding, it provides a framework for co-operation between states. The compact is grounded in values of state sovereignty, responsibility sharing, non-discrimination and human rights, and recognises that a co-operative approach is needed to optimise the overall benefits of migration, while addressing its risks and challenges for individuals and communities in countries of origin, transit and

destination. The global compact places state sovereignty at its heart, meaning that it respects the rights of all countries to control their borders and retain control of their migration policy.

Despite the narrative being put forward by opponents of the compact in recent days, agreeing it will not negatively influence Ireland or our migration policy. I will clear up some misconceptions on this issue. The compact will not grant the same rights to migrants as Irish nationals. It will not remove the distinction between legal and illegal migrants; rather it reinforces this distinction. The compact will not make criticising migration a crime, as some have claimed. It simply places an importance on combatting xenophobia and racism. I believe we all agree on the importance of that. The compact will not infringe on Ireland's ability to operate its own migration policy.

While it is regrettable that some countries have decided to not participate at this time, and that the compact has become a kind of cause célèbrefor far right parties in some countries, Ireland supports the objective of the compact. It provides a framework for co-operation through which Ireland can work with other countries on ensuring that legal migration, when it does occur, is as safe as possible and beneficial to all.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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I accept the apologies of the Minister. I have spoken to him about this. As I said, while on the one hand what the Minister of State said is encouraging, I cannot fail to be concerned about the fact that only 48 convictions have emerged from the process since 2012. I do not want to be alarmist about this and I hope that what I say will not be taken out of context.

It is now clear that the Governments of the United States, Australia, Austria, the Czech Republic, the Dominican Republic, Hungary, Latvia, Poland and Slovakia have all pulled out of the UN migration pact process. While I have listened to the Minister of State's reassurances, I must ask why those countries have pulled out. I want answers. What do those states see or know that we do not see or know? The most important issue, however, is the total lack of engagement with the people or with this House. Surely such a decision should be debated here.

I thank the Ceann Comhairle for allowing us to raise this matter. I thank the Minister of State for the clarity. I look forward to engaging in this process that is ongoing and ensuring that it does what it says on the tin. I am concerned about why those countries pulled out of the process if they were supposed to be happy with it.

5:00 pm

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I thank the Minister of State for clarifying the position. The CDU had a heated and protracted debate on this issue even though Angela Merkel is very much in favour of supporting migrants. There is a fear about why Austria and many other countries have pulled out of the process. Many politicians, as outlined by the Minister of State, have probably supported this for political gain. The issue of migration would not account for massive political gains for Germany or the CDU, even though many members would be in favour of supporting migrants. There is a concern among journalists, which has been expressed, and among the ordinary people about the impact of what is happening. No one is saying that every country would not play its part in helping migrants but there is a fear particularly among the media that they will be shut down. I welcome the Minister of State's comments.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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On behalf of the Minister, I thank the Deputies for this opportunity to discuss the global migration pact and to set out exactly what the compact involves. I hope I was clear on that. We cannot be responsible for what other countries have decided to do or not to do. That is their business but we have been engaged in this process for quite some time. It does not infringe on our sovereignty in any way. It clarifies certain issues and helps us to work with other countries on this massive global issue. No country can deal with this problem on its own.

We know that countries in Africa, the Middle East and Europe are still recovering from the effects of the migration crisis of 2015 and 2016. The lessons we learned then should serve us as a reminder of the need to address migration in a co-operative and comprehensive manner and the dangers we face when we do not. Ireland has a long history of migration. More than 17% of Irish nationals live abroad. In recent years, Ireland has become a country of inward migration and the contribution of migrants from all parts of the world held drive our economy from our health sector to our growing tech sector and everything in between. The compact recognises the contribution of these people and works to optimise the benefits of migration for countries of origin, countries of destination, for migrants and their families and for the receiving communities.

I stress again the non-legally binding nature of the compact and its valuable role as a framework through which we can better co-operate globally on migration. Migration is an issue that is not going away. It is up to us to define how we respond to and manage it. I would welcome further debate on this issue in the House and at the various committees.

I have taken note of Deputy Mattie McGrath's concern about trafficking, an issue on which I would welcome a debate. I would also welcome Deputies' views on it. I thank the Deputies for raising this issue and I hope I have brought some clarity to the matter. We are available at any time if they have further queries on the issue.