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

Trevor Ó Clochartaigh: I must respond because, while Members have heard many expressions of sympathy, the time for sympathy is over and the time for action is now. It is a little disingenuous to state that there are people within the system who might be abused or whatever in work scenarios. What the right to work confers literally is a right to work. It does not confer a job or force people into employment, and...

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

Trevor Ó Clochartaigh: It is also important to clarify that the Minister of State has put on record that 26 of the recommendations from the report are being implemented. There are more than 170-----

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

Trevor Ó Clochartaigh: Yes, in this Bill.

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

Trevor Ó Clochartaigh: That is all I said. I do not know what the Minister of State's issue is.

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

Trevor Ó Clochartaigh: I would prefer if the Minister of State did not pre-empt what I am going to say because I am pre-empting something he has agreed-----

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

Trevor Ó Clochartaigh: -----which are recommendations on page 211 of the working group report. Again, it relates to the cherry-picking of the recommendations and the fact that only 26 out of 170 have been picked. One of the fundamental ones is around the right to work.The working group stated:Having regard to the foregoing, the Working Group recommends: Provision for access to the labour market for protection...

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

Trevor Ó Clochartaigh: Hear, hear.

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

Trevor Ó Clochartaigh: Not agreed.

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

Trevor Ó Clochartaigh: I move amendment No. 31:In page 19, between lines 29 and 30, to insert the following:"(iii) reporting requirements shall be subject to review taking into account the personal circumstances of an applicant seeking international protection and maintaining flexibility in relation to those personal circumstances". I am not trying to be vexatious but I do not see any logical reason for grouping...

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

Trevor Ó Clochartaigh: None.

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

Trevor Ó Clochartaigh: I seek clarification on the interesting point the Minister of State has raised. Is he stating that once the single procedure is introduced, all applicants will be determined within a six-month period and, therefore, within six months applicants either will be given asylum, refugee status, leave to remain, etc. or will be in a position whereby they will be deported and, in consequence, people...

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

Trevor Ó Clochartaigh: What the Minister of State is intimating certainly would be welcome. Again, if one goes through the report of the working group on the protection process in respect of the issues regarding those who already are in the system, paragraph 3.128 is a recommendation for persons awaiting decisions at the protection process and leave to remain stages for five years or more. It states: "All persons...

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

Trevor Ó Clochartaigh: I would like a response from the Minister of State on the point I just raised, if possible.

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

Trevor Ó Clochartaigh: Is he saying he will not include the six-month figure?

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

Trevor Ó Clochartaigh: It is, of course.

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

Trevor Ó Clochartaigh: With respect to the Minister of State, I have seen loads of legislation come through here with different dates, times and specifications included. The Water Services Bill included an awful lot of them on the payment of water charges. There were certainly timeframes included in that Bill and it is something that should be included in this one. It is part of the recommendation of the working...

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

Trevor Ó Clochartaigh: I move amendment No. 36:In page 20, line 27, after "understand" to insert ", including, where appropriate, an information leaflet written in a child friendly manner".

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

Trevor Ó Clochartaigh: I move amendment No. 38:In page 21, between lines 5 and 6, to insert the following:"(h) the procedures on how to assert entitlements in law.". The statement provided for the applicant under this provision should include information on how to assert entitlements in law, for example, on how to consult a legal representative. A failure to provide information on how one can access one's...

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

Trevor Ó Clochartaigh: The Minister of State has missed the point. Legal aid is one matter but the procedures on how to assert entitlements is a different one. This is about the information an applicant should be provided with and, accordingly, it should be provided in a statement. There is a significant difference between a statement given to somebody about their rights and a statement on how to assert their...

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

Trevor Ó Clochartaigh: I move amendment No. 41:In page 22, between lines 14 and 15, to insert the following:“20. (1) An immigration officer or a member of the Garda Síochána shall not detain a person for the sole reason that he or she is an applicant for international protection.”. The section deals with the power to detain and arrest without warrant. The purpose is to reinstate the power...

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