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Written Answers — Health Board Services: Health Board Services (10 Feb 2004)

Brian Lenihan Jnr: Responsibility for the provision of services to young persons with specific needs such as the individual mentioned by the Deputy in the Dublin region is a matter, in the first instance, for the Eastern Regional Health Authority. While it is not usual practice to comment on individual cases, given that detailed reports have already appeared in the media, I will comment on a number of aspects...

Written Answers — Child Care Services: Child Care Services (10 Feb 2004)

Brian Lenihan Jnr: Responsibility for the level of funding to be provided for child care services in the Ballymun area rests with the Eastern Regional Health Authority and the Northern Area Health Board. My Department has asked the regional chief executive of the Eastern Regional Health Authority to respond directly to the Deputy on the matter which he has raised.

Written Answers — Residential Facilities: Residential Facilities (10 Feb 2004)

Brian Lenihan Jnr: Responsibility for the residential facility in Dublin 11 referred to by the Deputy rests with the Eastern Regional Health Authority and the Northern Area Health Board. My Department has asked the regional chief executive of the Eastern Regional Health Authority to liaise with the Northern Area Health Board and to respond to the Deputy directly.

Seanad: Proposed Stadium at Lansdowne Road: Statements. (5 Feb 2004)

Brian Lenihan Jnr: It always did.

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: The Aliens Order 1946 was the foundation for practice in this area, one which is fundamental to any sovereign state. There is nothing new in the legislation, other than on the question of fees, where I accept a new element has been introduced into the equation. This is why the measure has been brought before the House. It contains nothing that was not in the foundation of our practice in this...

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: With respect, Senator, that does not indicate a parsimonious approach.

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: I am proud of this record. As a Minister and Deputy I work for the integration of these communities into Irish life. The question of our attitude to immigration in this country is an entirely distinct issue from the matters that arise within the province of the Bill. To maintain confidence among the public when we have immigration on that scale, it is all the more important that——

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: ——we have essential legal safeguards in place to ensure any immigration system favours those who wish to work here, comply with our laws and become citizens, not those who do not so wish. Some 40,000 work permits were issued or renewed last year. The record of the Government and its predecessor in this matter is not one of parsimony and is not characterised by parsimony. We live in a time...

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: This Schedule was inserted by the 1975 amendment.

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: I want to correct myself as, having read from a consolidated copy of the measure, I referred to the international organisation. These were the 1975 provisions. Nothing is being added to in this legislation. If anything, the reference to the 2001 Act is a subtraction from what is in the 1975 amendment. I want to deal specifically with the issue raised by Senator O'Toole.

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: Instead of referring to disability, under section 3(1)(a) a mental disorder "means a mental illness, severe dementia or significant intellectual disability where [that is the key noun] because of the illness, disability or dementia there is a serious likelihood of the person concerned causing immediate and serious harm to himself, herself, or other persons".

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: There has to be a prospect of immediate and serious harm. This is the kernel of what is proposed to be inserted in the legislation. Senator O'Toole made extensive reference to section 3(2) of the Mental Health Act. This provides a greater clarification of the precise definition of mental disorder. This subsection simply states "In subsection (1)" and is only by way of clarification.

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: I have to accept the Cathaoirleach's ruling. However, this was a point of substance raised by Senator O'Toole.

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: Section 3 (1)(a) is the kernel of the amendment proposed in substitution of the reference on disability. Inserting it in this context predicates the power of the officer making the determination on the prospect of a person causing immediate and serious harm to himself or herself. One must remember that the legislation enables medical inspectors to be appointed. Any State must have power to...

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: That is all the Government is proposing. We can argue about to whom it might or might not apply.

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: I am not avoiding the question. Senators must consider the context in which this power is being conferred.

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: The context is that of an immigration officer, or a medical inspector, examining a person where there is the prospect of that person causing immediate and serious harm to himself or herself. We can return to this issue on Committee Stage. Senator Morrissey asked how an immigration officer could police such a section. The legislation expressly provides for the appointment of medical...

Seanad: Immigration Bill 2004: Second Stage. (30 Jan 2004)

Brian Lenihan Jnr: There have been no consultations on the matter since 1946.

Seanad: Immigration Bill 2004: Committee and Remaining Stages. (30 Jan 2004)

Brian Lenihan Jnr: As I indicated on Second Stage, the Government intention is to replace the term "disability". This term was imported directly from the 1946 order into the current text of the Bill. The term was differently understood and had a different connotation then from what it has now. Clearly, its use in the particular context of the provision is not only inappropriate, but does not achieve the...

Seanad: Immigration Bill 2004: Committee and Remaining Stages. (30 Jan 2004)

Brian Lenihan Jnr: The present position under the 1946 order, as consolidated — the particular definition was inserted in 1975 — would be much more extensive than as envisaged under this proposal. The immigration officer would have had wider powers under the orders than will be conferred by this legislation, or a wider measure of discretion because of a much more extensive definition. The second issue...

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