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

Joanna Tuffy: I move amendment No. 13 to amendment No. 15: In paragraph (d)(i), in the proposed new subsection (1A)(b), to delete "refugee, and" and substitute "refugee.". I propose these amendments because I feel there should be a right of appeal in circumstances where the commissioners can deem an application withdrawn for failure to co-operate. It is unreasonable not to allow an appeal in these...

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

Joanna Tuffy: I wish to comment on the Minister's points. This provision, together with the concept of failure to co-operate, will result in cases ending up in the courts. This measure is restricting asylum seekers' rights and is unfair. I will withdraw the amendment, but I will be raising the matter again on Report Stage. Amendment to amendment, by leave, withdrawn. Amendment No. 14 to amendment No. 15...

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

Joanna Tuffy: I move amendment No. 15 to amendment No. 15: In paragraph (d)(ii), after "in subsection (3)" to insert "(inserted by the Immigration Act, 1999)". This is a technical amendment in respect of which I would like to hear the Minister's reply.

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

Joanna Tuffy: I move amendment No. 16 to amendment No. 15: In paragraph (d)(ii), to delete the proposed new clause (I). This amendment is consequential on the Minister's proposal to curtail the right of appeal. I would like to hear his comments.

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

Joanna Tuffy: I move amendment No. 26 to amendment No. 15: After paragraph (e)(ii), to insert the following new subparagraph: "(iii) the insertion in subsection (3) (as amended by the Immigration Act, 1999) after "under section" of " 12 or". The purpose of this amendment is to provide for a right to an oral hearing of a manifestly unfounded appeal under section 12. We believe the current appeals system is...

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

Joanna Tuffy: We accept amendments Nos. 11 and 21. I support the comments of Senator O'Meara. Without the amendment the provision will put people's lives at risk. We are either not letting them into the country or forcing them into the hands of illegal traffickers. Regarding amendment No. 8, the defence allowed in section 6(a) covers a non-national having the relevant document with him or her before...

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. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 1: In page 4, subsection (1), line 4, after "or" to insert "commercial". The amendment seeks to insert the word "commercial" before "mechanically propelled vehicles." We feel it is over-kill to apply this requirement to all vehicles entering the State, and it could be detrimental to tourism. I would like to Minister to comment on the proposed amendment.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: We will withdraw it for now but we would like the Minister to reconsider it on Report Stage. Amendment, by leave, withdrawn. Question proposed: "That section 1 stand part of the Bill."

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 3: In page 4, subsection (1)(a), line 22, to delete "persons" and substitute "non-nationals".

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 4: In page 4, subsection (1)(a), line 24, to delete "in compliance with" and substitute "if required to do so by". The reason we demand this is that total disembarkation should not be mandatory. The implication in the subsection is that it will be mandatory, which is over the top. It will be cumbersome and difficult to enforce. The Minister has spoken about how Irish...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: The way the section is worded implies that it will be mandatory to disembark. It would be better if it was worded as suggested. Amendment, by leave, withdrawn.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 5: In page 4, subsection (1)(b), line 26, to delete "persons" and substitute "non-nationals". This section refers to permission to land. Would it be constitutional to impose such a requirement on an Irish citizen?

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 7: In page 4, subsection (1)(c), line 29, after "non-national" to insert "(other than a non-national seeking or proposing to seek asylum in the State)". Our purpose is to ensure we do not exclude those coming to this island seeking asylum. The section, as phrased, makes it more difficult for asylum seekers to come here. It will probably lead to more instances such as the...

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