Tom Morrissey (Progressive Democrats)

I know many non-nationals as I employ some and have done for many years. They play an important part in the socio-economic life of this country and will be required to continue to do so in future. I also know immigration officers, as I am sure do other Senators. From personal experience I know of abuses that have taken place in regard to immigration over the past decade and I am aware of people's concerns in this regard.

We are here today because a court has found that a member of the Garda cannot ask a non-national to see his or her passport. A sovereign state has a duty to protect its borders. The court's decision effectively means that this State has no borders and I wish to see this rectified. We have a right to look at this measure under the heading of emergency legislation.

I am concerned by some aspects of the legislation raised by Senators on the Opposition benches, in particular, those raised by Senator O'Toole. He used emotive and strong language in referring to the powers of detention and refusal on the grounds of mental disorder. I seek clarification on this point from the Minister of State. I would be surprised if Senator O'Toole's understanding is that intended by the legislation.

I am sympathetic to the plight of non-nationals coming to this country. I am also delighted that it is intended to keep a register of non-nationals. Abuses are occurring, whether the media is prepared to publicise them. In some cases, non-nationals come here and avail of rented accommodation, but go back to their country of origin and rent out the accommodation the State has provided for them. We must ensure that such abuses do not continue.