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Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Joanna Tuffy: Regarding Senator Mansergh's point, why should we compare ourselves with other EU countries? Ireland has benefited from the welcome given to Irish people who emigrated over the years. They might have emigrated for reasons other than asylum but Ireland has always benefited from its people being able to go to other countries. Are we going to close our doors to people coming to this country?

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Joanna Tuffy: I wish to reply to Senator Mansergh's sweeping statement that every Irish emigrant to the United States had valid documentation. There have been hundreds of thousands of emigrants who have stayed there illegally and have been able to take advantage of amnesties.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Joanna Tuffy: They are illegal immigrants and they have taken advantage of amnesties to apply for green cards. If we had a proper green card system and amnesties for people who are economic migrants and are here illegally, we could then be more strict in our laws. We do not have a fair system for economic migrants.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Joanna Tuffy: I move amendment No. 9: In page 4, subsection (3)(a), line 42, to delete "person" and substitute "non-national".

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Joanna Tuffy: I move amendment No. 10: In page 5, subsection (6)(b), line 14, to delete "suspecting" and substitute "believing". To require airline carriers and so on to "suspect" is too strict a requirement. It should be sufficient to say they should have grounds for "believing" the papers are at fault. I would like the Minister of State to comment.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Joanna Tuffy: Suspecting puts a higher onus on the carrier than believing. It would be easier to prove belief. Amendment, by leave, withdrawn. Government amendment No. 11: In page 5, between lines 19 and 20, to insert the following new subsection: "(9) This section is without prejudice to the provisions of sections 8, 9 and 24 of the Refugee Act, 1996 and to the discretion of the Minister to admit to the...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Joanna Tuffy: Senator Walsh said this is not a new departure in comparison to other countries but it is a new departure for us in terms of our humane attitude and the welcome we give to asylum seekers, visitors, etc. Just because other countries have provisions we consider to be wrong does not mean we have to bring them in also.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 1 to amendment No. 12: In subsection (3)(a), to delete "both, or" and substitute "both". I have no difficulty with the idea of legislating to prevent the employment of illegal persons, but the provision in this section is extreme. Many Irish people have worked illegally in other countries over the years. We need controls, but we also need balance and this section is not...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I would be more inclined to accept the Minister's comments on the issue of collusion between an illegal alien and an employer if people had more options to come here to work. These options are limited under the current system. On the points made by Senator Morrissey, employers need employees, which is surely the primary reason an employer would employ someone. The Senator is confusing the...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 3 to amendment No. 12: In subsection (9), after "the member" to insert "reasonably". An arrest should be allowed on the basis of reasonable suspicion, not on mere suspicion. This is also a requirement of the European Convention on Human Rights. I would like the Minister to comment.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 4 to amendment No. 12: In subsection (11), after "This section does not apply to a non-national" to insert "who is entitled to be in the State and in particular to a non-national". The section lists four exceptions but it is wrong to allow only those reasons and not to provide for other possibilities. The purpose of the amendment is to protect a non-national who is...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: The section is heavy handed for the reasons I have outlined. The penalties are too high, despite the reasons given by the Minister, and I do not accept the section on those grounds.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I misunderstood what we are discussing. I do not object to the section. Question put and agreed to. SECTION 5.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 13: In page 6, between lines 21 and 22, to insert the following: "(a) in section by the addition of the following subsection: '(4) The Commissioner and the Tribunal shall, if they or either of them reject an application for refugee status, and if so requested by the applicant, make a recommendation to the Minister on whether or not protection should be afforded to the...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 14: In page 6, between lines 30 and 31, to insert the following new paragraph;

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: This would be a reasonable measure. The Minister said most people present themselves at the Office of the Refugee Applications Commissioner to apply for asylum. However, it is different for someone who has just arrived in the country. We are creating barriers for those applying for asylum. It would be helpful for them to have legal advice as they are asked about the legal basis for their...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 1 to amendment No. 15: In paragraph (b)(ii), in the proposed new subsection (4A)(b), to delete "5 working days" and substitute "2 months". The time limit in the amendment is unreasonable. I accept the Minister's point that it is necessary to promote efficiency and prevent the waste of resources. We need quicker processing of applications for the benefit of asylum seekers,...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I hope the Minister considers revising the time period upwards and making it reasonable. This is not about forcing a delay in the asylum application process. The idea is to allow for circumstances where an asylum seeker might not be able to comply. This provision, with other restrictions in the section, puts up barriers to asylum seekers. Everybody wants to speed up the application process....

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: Is the Minister saying he would consider increasing upon the figure of five days?

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 2 to amendment No. 15:

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