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Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: The Irish Refugee Council wrote it.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: For the Minister of State's information, it was the Irish Refugee Council which came up with that phrase.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: The Government is not.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: With regard to direct provision, I understand there have been some ameliorations but the situation is not being addressed globally. It is not being addressed in the way proposed in the Bill I presented to the House, which would have progressed had Sinn Féin not got cold feet at the last minute. The Minister of State said that more than a quarter of the recommendations have been taken...

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: The Minister of State will obviously disagree with me but I think the Bill should be withdrawn and recast. Any Bill that requires such a galaxy of amendments to it by the Government at a late stage calls its validity into question. Is the problem that there are not sufficient draftspersons? An additional €3 billion was found lying in a drawer somewhere the other day. Surely it...

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: Yes, amendment No. 31.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: I heard Senator Ó Clochartaigh's cogent arguments about disassociating the two. I do not see any reason not to accept the amendment. The Minister of State has not yet said that he is utterly rejecting it. I ask him to consider it. I am here this evening. I would really like to have been able to talk about the issues that were discussed earlier this afternoon but I had a...

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: None has been accepted. This is unnecessary if it is simply from a point of view of pushing the legislation through. My understanding is that this legislation is such an inordinate shambles that it is proposed to introduce further amendments in the Dáil and that it will then be returned to this House.Consequently, there is no technical reason, such as not wishing to be bothered to send...

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: Someone can get pregnant within six months.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: As I understand it, the Minister of State has stated this already is catered for in that personal circumstances already are taken into account.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: In that case, this removes any reason for not stating it specifically and, therefore, there is no reason for the Government to stand against the amendment. If this already informally is the case, let Members, as legislators, formalise it. The Minister of State has indicated this, in working parlance, is what happens on the ground. Therefore, let us formalise it and give it concrete form in...

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: Therefore, six months is a notional idea.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: The amendment is not directly related to the six months, although it is an important point. I asked the Minister of State to elucidate whether or not there was six months anywhere in the Bill and he very honestly and directly told the House that it is nowhere in the Bill. It is a wish and hope on the part of those involved in the Bill. He has also admitted that it may not be as rapid as...

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: I do. Section 16 also concerns the question of children. For that reason, I will be voting against it, as it stands.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: I support the amendment. First, the section grants the power of arrest without a warrant, not just to a garda but also, unusually, to an immigration officer. Senator Trevor Ó Clochartaigh's amendment would leave intact all of the grounds already contained in the Bill, apart from the one to which he has taken exception which is implicit but not stated. In other words, accepting the...

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: So these are the sole and exclusive grounds for arrest.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: Would the Minister of State be inclined to say a few words about section 20(1)(d) and how somebody knows an applicant intends to leave the State or how strong is the intention?

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: They do not have to because they do not have to get a warrant. They can arrest summarily. How does a garda know that somebody intends to leave the State and enter another illegally? Presumably, he is at an airport, port or train station but how does he know that an applicant will enter another state illegally? The applicant could just be visiting family.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: No explanation has been given as to why it is being withdrawn. It seems to me to be a very good amendment.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

David Norris: Will the Senator put in a rewording on Report Stage?

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