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Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Amendment No. 23 provides for the inclusion of additional specific reasons an applicant can be detained. These relate to undermining the State's international protection system or an arrangement relating to the common travel area. Amendment No. 24 substantially gives effect to an amendment originally proposed in the Seanad by Senator Jillian van Turnhout that we undertook to examine. If a...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: I will respond to the points made by both Senators. With regard to detention and the section about which Senator David Cullinane is concerned, let me review what is in the section. An immigration officer or member of an Garda Síochána may arrest an applicant without warrant if that officer or member suspects, with reasonable cause, that the applicant has acted in one of the ways...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: This amendment provides that the Minister will prescribe a timeline for a person appealing a recommendation that his or her application is inadmissible.

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Amendment No. 29 clarifies the relevant information required of an applicant in making a subsequent application for international protection. Amendment No. 30 is a technical, drafting amendment while amendment No. 31 provides that the Minister will prescribe a timeframe for a person appealing a recommendation that consent be refused to the making of a subsequent application.

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: When we were discussing the Bill previously in this House and in the Dáil, a number of points were made regarding the fact that an applicant would have to accept the medical practitioner nominated by the Minister to conduct a medical examination. I have reflected on those points and have amended the provision to allow for the establishment of a new panel of qualified medical...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Amendment No. 35 is a technical amendment. Amendment No. 36 is linked to the amendment we have just discussed and I acknowledge the input of Senator van Turnhout regarding this matter. Amendment No. 38 arose from further consideration of the best interests of the child principle and gives further reassurance that this principle is at the heart of this Bill. It provides specific safeguards...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: These amendments deal with personal interviews. Amendment No. 39 is a technical amendment, while amendment No. 40 clarifies that the report to be prepared by the international protection officer following the conclusion of the personal interview can comprise two parts.

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Amendment No. 41 is technical, while amendment No. 52 provides that the Minister shall be responsible for providing an applicant with information on the estimated timeline within which a recommendation may be made. Amendment No. 53 is consequential on amendment No. 52.

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: This amendment arose out of discussions in both Seanad and Dáil Éireann. Those discussions related to the competency of officers who were conducting interviews with children. It was argued that such officers should have an expertise in communication and child specific protection needs. Having considered these matters and their importance, we have drafted a new section to provide...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: This group of amendments deals with the issue of failure to co-operate. Amendments Nos. 44 and 45 are consequential to amendment No. 14. Amendment No. 46 provides that where an applicant fails to co-operate, his or her application shall be examined on the basis of information submitted by him or her before this subsection applies.

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: These amendments deal with the contents of the written report prepared after an examination of an applicant. Amendment No. 47 is required to allow persons contracted by the Minister under section 73 to include any of the findings under section 38 (4) in the written report prepared under section 38 (1). Amendment No. 48 clarifies that the recommendation of the international protection...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: These are technical amendments which deal with the issue of appeals. Amendment No. 56 clarifies that an applicant may withdraw his or her appeal at any time before the tribunal makes its decision. Some of the other amendments in the group are consequential on this amendment. Amendment No. 98 inserts a new section into the Bill relating to the Minister prescribing periods of time within...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: This is a minor technical amendment to include the words “where applicable” before “withdraws”.

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: This substantial amendment to section 48 sets out the procedure to be applied in the context of the Minister’s consideration of whether an applicant should be given permission to remain in the State in the event that his or her protection application is refused. The amendment sets out the matters the Minister shall have regard to in deciding whether to give a person a permission under...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Amendment No. 63 clarifies what information the Minister will have regard to in deciding whether a person can be returned to his or her country of origin. It also provides that an applicant informs the Minister of any change of circumstances that may have a bearing on the Minister’s decision in this regard. Amendment No. 64 clarifies that a permission given to a person under this...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Group 26, amendments Nos. 67 to 69, inclusive, deals with the issue of permission to enter and reside of family members. Amendment No. 67 clarifies and confirms the time period for the making of an application under this section. Amendment No. 68 is linked and consequential to amendment No. 69. Amendment No. 69 inserts a time limit of 12 months within which an application can be made under...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Group 27, amendment No. 70, deals with the issue of vulnerable persons. Amendment No. 70 is a minor amendment whereby the phrase “child under the age of 18 years” is to be replaced by the more precise term “person who has not attained the age of 18 years”.

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Group 28, amendments Nos. 71 to 74, inclusive, are primarily minor drafting amendments. Amendment No. 72 is a minor drafting amendment which substitutes the word “may” for “shall". Amendment No. 73 is a minor drafting amendment. Amendment No. 74 is consequential to amendment No. 90.

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Group 29, amendments Nos. 75 to 90, inclusive, deals with transitional caseloads. Amendment No. 75 clarifies how the new Act, when commenced, will apply to applicants detained under section 9 of the Refugee Act 1996. Amendment No. 76 is necessary to replace an incorrect reference to “Part 4” and replace it with a reference to “Part 5”. Amendment No. 80 clarifies...

Seanad: International Protection Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Dec 2015)

Frances Fitzgerald: Group 30, amendment No. 91, means this transitional provision is not required. The Minister may, by order, under section 71, designate countries as safe countries of origin on commencement of the Act. Senators will be aware this is an issue being discussed at European level.

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