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

David Norris: I agree with Senator McDowell that it is wrong to place all responsibility on either the carrier or the driver of a vehicle. There are varying levels of inspection at different ports. It is unreasonable to expect a lorry driver to have the equipment that the French authorities would have that can detect body heat through container walls. The onus should not be shifted on to lorry drivers. It...

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

David Norris: That was my point.

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

David Norris: They should be entitled to a hearing, not automatically convicted which is what will happen under the Bill.

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

David Norris: Pinko.

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

David Norris: Their eyes are closer together.

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

David Norris: Why not?

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

David Norris: I have some sympathy with the Minister's position on this matter, particularly with regard to the responsibility of carriers. With the proliferation of franchising out – Servisair and Ryanair are also being bought in – it appears the Minister's position is reasonable to a certain extent and is also the prevailing situation in other jurisdictions. I am profoundly glad it is the carrier,...

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

David Norris: I understand the Chair does not wish me to refer to my amendment. Is that correct?

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

David Norris: With reference to amendment No. 7, I prefer amendment No. 6. I apologise for my absence from the Chamber to take a telephone call in my office. Unfortunately, my departure appears to have been somewhat ill-timed. I will not rehearse matters, having made the argument at an earlier stage of the debate as to why this section should be deleted. Since this has, apparently, dropped off the...

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

David Norris: I was appalled by what I heard Senator Mansergh say. He asked whether people coming here are genuine asylum seekers if they do not have regular documentation.

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

David Norris: Has the Senator ever heard of Raoul Wallenberg?

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

David Norris: He won the plaudits of decent people throughout Europe for issuing false documentation so that people could escape in these circumstances. Senator McDowell's point that the last thing people who are threatened by a regime will do is apply for travel documentation to officials of that regime is well made. I wish to seek the Minister's advice on the related matter of definitions. Does the...

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

David Norris: I did not know that.

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

David Norris: I am seeking information from the Minister. If a lorry enters a ship, there are essentially two carriers – one travelling inside the other. The lorry, which is presumably under the control of the lorry driver, is inside the ship which is presumably under the legal jurisdiction of the captain.

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

David Norris: Exactly. That is a very good analogy, for which I thank the Minister. In this case, which person is liable and responsible under the terms of section 2? Is it the captain of the ship or the lorry driver? Can it be one or the other?

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

David Norris: If someone has all the proper documentation neatly in order, he or she is less likely to be a genuine asylum seeker or refugee. If someone is in a situation of peril, very often he or she will have considerable difficulty in acquiring documentation. As that point has been made previously, I will leave the matter. I agree with the Minister that if one is not going to win, one might as well...

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

David Norris: Hear, hear.

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

David Norris: I would like to refute the point made by Senator Mansergh. Despotic states control documentation by issuing and withdrawing documents when it suits them. It is perfectly obvious.

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

David Norris: In the real world.

Seanad: Order of Business. (19 Dec 2002)

David Norris: The Senator has done very well.

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