Martin Mansergh (Fianna Fail)

I welcome the Minister and the Bill. I compliment the Minister on presenting the primary legislation, together with amendments, which is helpful in terms of understanding the changes being made.

The legislation follows on foot of the referendum which was passed decisively earlier in the year. The Minister in his speech rightly pointed out that we have a completely different social situation from what existed previously. Much of what is being discussed here would have been entirely academic in the past in practical terms. However, the prosperity of the country has made it inviting to many people from all parts of the world to live and work here.

The change in the legislation was partly necessitated by the change in the Good Friday Agreement, but only partly, because the jus soli aspect was included in the 1956 legislation. As someone who was heavily involved in the Good Friday Agreement, the precise nature of the changes to Articles 2 and 3 of the Constitution were a necessary part of the agreement. Nonetheless, some regret must be shared collectively that more weight was not attached at the time to a problem that was just beginning to emerge in regard to the knock-on effects of the change in terms of immigration. Underlying the proposed change was a pragmatic correction of what had existed and worked fairly well until then and adjusting to a more multicultural society.

This aspect goes back to the 1997 Government and the Minister's predecessor. It has been a new challenge with which we have had to deal and there has been an element of trial and error in the response, which is inevitable. By and large, we have managed this area quite well and it is encouraging that the number of racist attacks have decreased. I commend the Department on its anti-racism media information campaign, which is important and should be continued. What is important for a reasonably relaxed society in that regard is that there should be public confidence in the immigration and asylum policy pursued by the Government. It should be considered firm, fair and humane. I do not wish to suggest that everything is perfect. While we are progressing, systems should be adjusted and refined. The principal aspect of the legislation is that it is shifting from a jus soli position to a jus sanguinis element to avoid artificial citizenship acquisition, which quite apart from its effect here is not fair to our EU partners. This is something we must bear in mind, particularly in light of the Chen case.

There are two or three points I would like to raise, one of which has been referred to by other speakers. There is a certain backlog in processing these citizenship-type applications. Public representatives are approached from time to time by people who have close relationships either of an employment nature or friendship nature with people who are seeking visas either for themselves or their dependants. I hope it will be possible to staff the offices so that the backlog can be alleviated and there can be a reasonably prompt response to various applications, rather than dragging the issue out for months. It would aid efficiency if these offices were located without distraction in Tipperary town. We debated that yesterday, and the Department of Justice, Equality and Law Reform would be very welcome there.

Senator Terry correctly stated that one of the less satisfactory aspects of our immigration and employment permit system is lack of mobility. People from the non-EU parts of eastern Europe agree they earn good money which is much appreciated, even if it is not much above the minimum wage. Most of the people concerned are here to earn some money so that when they go home they will be on a better financial footing to start up a business or help with various matters. However, if they are unable to change their employment they become — I am not sure whether this is the correct term — like indentured servants of a particular employer. That is not satisfactory, even in the short term. I accept there is a need to keep track of people coming from outside of the EEA area, but I hope that aspect of the regulations will be reformed and to some extent relaxed.

I strongly endorse the firm exclusion of a passports for sale scheme. I have always taken the view that while the system had certain superficial attractions in terms of bringing investment to particular places, the idea that citizenship was for sale if one had enough money left a very bad taste. I therefore very much welcome that part of the legislation.