Joe O'Toole (Independent)

I must state some things for the record. Nobody on this side of the House has objected to dealing with this legislation in an urgent manner. Nobody is saying there is no need for immigration legislation. We need a properly organised immigration policy. It drives me to distraction when people argue with us on the basis that we are trying to create some sort of open door policy. That is not what we are trying to do. We are trying to do the business of the Seanad. My only reason for staying here is to put on the record my views on this legislation, because I am ashamed to have any hand, act or part in what we are doing. Some of the provisions in this Bill will not stand the test of a week. The Government will be kicked around the place and the Taoiseach will be embarrassed in the first month of our European Union Presidency.

The attack on mental illness in this legislation goes beyond anything I have ever seen. People can say whatever they want about creating an Ellis Island — we may well be, but I do not have time to go into it. The Minister of State said in his speech that the elements of the Bill had all been dealt with previously. We have heard these weasel words before and we know what they mean. There are new provisions in the Bill which have never been seen before. I will deal with one in particular, to which the Minister did not refer in his speech. I will guarantee that whatever his advisers tell him, he will not deal with it in his response in a meaningful way. He will be ashamed.

I am not any better than the people on that side of the House and I have never presented myself as such. There are those on the Government side who have been nominated by organisations dealing with disability and mental illness. There are also those who know more about that area than I do, who are working in that area and who applauded the Special Olympics. They are now being forced by Government to walk through the lobbies in support of this regressive legislation during the Irish EU Presidency as we celebrate and honour the people who brought us the Special Olympics.

The Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brian Lenihan, may not have had the time to read the original legislation. The Government proposal on mental illness means that people with "significant intellectual disability" can now be refused entry into the State. I would like the Minister of State to consider this point. We are now demanding that officers of the State and decent public servants discriminate and break the law of the land by refusing people entry on the grounds of significant intellectual disability.

I put it to the Minister of State that this is in breach of the law of the land. It is certainly in breach of human rights legislation and embarrasses us in a European and global context. It is unacceptable and wrong. I know the Minister of State is a legal person but I wager that this legislation will force officers of the State to break the law of the land. It asks them to make a judgment on a person suffering from significant intellectual disability. The House should adjourn to allow the Minister of State to read over this proposal. I will then listen to what he has to say afterwards. People can now be refused entry on the basis of significant intellectual disability. It is a crime in this country to discriminate on those grounds. Could the Minister of State's advisers let me have his attention?

It is a crime in this country to discriminate against a person on this basis even if the person is a non-national. This incorrect and objectionable proposal is part of this Bill. It means that a person with Down's syndrome, autism or Asperger's syndrome can be refused entry on the basis of this legislation. This is factual — I am not making it up — because such people come under the heading of significant intellectual disability. The Minister of State has informed the House that public servants will now be asked to discriminate in this area, which is utterly wrong.

The Government has had to introduce significant changes to section 4 in this perfect Bill produced by the Department of Justice, Equality and Law Reform only a couple of days ago. It did not even last a couple of days. This legislation is disgraceful and I do not want any hand, act or part in it. The Bill is illegal, discriminatory and asks officers of the State to break the law. I distance myself from this Bill. This is a day of shame, embarrassment and dismay for anyone who cares about equality of civil and human rights in this community. If this Bill had been introduced 50 years ago, it would have been described as naked fascism that people with disabilities were being refused their rights by a sovereign and democratic Government. It is more than I can stand for or live with. This Bill is rooted in an Aryan philosophy that would be worthy of Nazism at its worst. I choose my words wisely. I want people on all sides of the House to express that viewpoint.

The Bill states that the immigration officer can refuse permission to land to a non-national who suffers from a disability. The Minister of State described disability in his speech on the basis of the primary legislation. There are three sections in the primary legislation covering mental illness and severe dementia, which I will not even mention. This embarrasses all of us who have spoken about the need for understanding for people suffering with dementia. The legislation then refers to significant intellectual disability. My colleagues, Senators Norris and Henry, will say more on this.

Will the Minister of State be happy tonight knowing that he has introduced legislation that allows an immigration officer to refuse entry on the grounds of significant intellectual disability? This now allows immigration officers to inform people that they cannot enter the country because they or their children suffer from a disability. This is an appalling piece of work that breaks the law of the land. It will not withstand a test in the High Court. Of course, this is nothing new because we are accustomed to legislation from that Department not standing up in the courts.

If one checks the debates on the original legislation, now deemed unacceptable, one would see the speeches written for the Ministers and other speakers informing us we had nothing to worry about and were overreacting. This is unacceptable and shameful. It reflects badly on all Members, particularly on the Minister of State, Deputy Brian Lenihan. It also reflects badly on the Irish EU Presidency and the Government. Disability groups will be outraged by this proposal. However, I am sure they have not had the time to read it, no more than the rest of us. I ask the Minister of State to put this Bill to bed for the weekend, have real people examine it and revisit it next Tuesday to see what changes need to be made in order to deal with the needs of Government. This would not create such an outrageous situation as we have today. It is important that those people, who will be appalled and diminished by this Bill, know there are some voices who understand their position. Those voices are not only on this side of the House. I only wish those on the other side were allowed to speak on this issue.