Mary Henry (Independent)

Acting Chairman, I hope you will give me injury time.

The worrying aspect of this legislation is that there is no right of appeal. If somebody makes up his or her mind that the person with Down's syndrome cannot come into the country, that is that. The Bill appears to override the refugee convention because it makes it an offence to have false papers. We all know that many people trying to claim asylum will come to this country with false papers because that is the only way they can get out of the country from which they came. This Bill overrides the provisions of the asylum code. This is extraordinary in a year when we have attempted to incorporate the European Convention on Human Rights into legislation.

There are terrible provisions in this Bill such as that whereby a non-national must prove from where they came. If someone says they come from Uzbekistan but somebody else says he or she comes from Tajikistan, the immigration officer must decide on it. One cannot prove that one came from Uzbekistan, since there is no one around to say that one was in the neighbourhood. What happens? Again, there is no right of appeal. Immigration officers also have the power to detain, and that is extremely serious. Examination is one matter, but detention is another. That is another very serious section. I wonder how many householders around the country who employ non-nationals know that they are to be responsible for ensuring that those non-nationals fulfil all their obligations. They will be liable to a fine of €3,000 if they fail to check up on them at all times.

Another seriously deficient area is that of registers in hostelries. There is no provision regarding who may have access to them or how long they will be maintained. Are they covered by the Data Protection Act 1988? These matters are most peculiar and do not seem to have been given any consideration. The Schedule allows for finger-printing, but it gives little indication as to who may have access to the records or, once again, how long they will be maintained. Surely that is also a very serious breach of human rights.

No one is against a register or having non-nationals comply with certain regulations, but we on this side of the House wish to ensure that human rights are maintained in this country. The former President, who is a former Member of this House and a former UN High Commissioner for Human Rights, Mary Robinson, keeps saying that it is a good idea for human rights to begin at home. We are not examining them carefully enough.

I wonder why the Minister does not simply introduce an order. It is pointless for us to waste our time here since none of our amendments will be accepted. As I said, some of the things the Government proposes to amend will make the situation even worse. I am delighted Senator Mansergh spoke as he did. Perhaps the Deputy Leader might give us the weekend to go through this properly and at least seek to remove the most objectionable provisions. A proper Committee Stage debate could be arranged for Tuesday afternoon. We have no intention of delaying the Lower House.