Seanad debates

Friday, 30 January 2004

Immigration Bill 2004: Second Stage.

 

12:00 pm

Photo of Martin ManserghMartin Mansergh (Fianna Fail)

I accept the principle that legislation is needed because of the High Court judgement and because it is important to maintain confidence in the fairness of our immigration regime. That is important for the cohesion and stability of our society as we do not want to have tensions which all of us would regard as undesirable. Ireland is changing rapidly and becoming more multicultural, with immigrants forming a more important part of our society. Leaving aside the asylum seeker question, there is clearly an economic need for immigration. I accept the Minister of State's statement that comprehensive legislation in this area is being prepared and, if I interpret him correctly, this is effectively a temporary stopgap measure until then. The urgency is clear.

My main purpose in speaking is to make some points about process. Yesterday, I stayed in the Oireachtas until after 7 p.m. and collected my mail on the way out. The Bill was not in my pigeon hole and I only received it this morning. I have not received the document referred to by Senator Terry. Most of us have not had proper time to study the possible ramifications, difficulties and pitfalls of the legislation.

That is particularly unsatisfactory when an order has been struck down by the High Court. There is a danger that the less time we spend discussing a measure, the more likely it is that it will be struck down by a court in the near or middle future and then we will have to go through the process again.

This is, by any standards, a sensitive area in which there is a good deal of public interest from all kinds of angles. Whatever one's particular view on the issues, whether our system is too liberal, not liberal enough or otherwise, it is important there is confidence in the legislation covering this area. The Government needs to pay attention even with emergency legislation — I accept it is that — to due process. I am not particularly happy there has been due process in the sense that we have not had proper time to study this legislation. If one is on the Government side, one essentially must take it pretty well on trust. It would have been beneficial to have had more time to look at the situation. I am a little surprised.

I heard the Minister of State say the Minister for Justice, Equality and Law Reform takes full responsibility for the legislation and for the manner in which it is being brought forward and passed. The Minister for Justice, Equality and Law Reform is a great parliamentarian, libertarian and so on. I do not like, and have never liked, authoritarianism in Government. I refer to the notion that because it was not possible to deal with this legislation in the Dáil, it can be just pushed quickly through the Seanad. The case for Committee Stage to be taken on Tuesday is, frankly, unanswerable.

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