Maurice Cummins (Fine Gael)

I move amendment No. 1:

In page 3, before section 2, to insert the following new section:

2. — Within three months of the passing of this Act, the Minister shall publish the guidelines which are applied by the Department of Justice, Equality and Law Reform in determining whether to grant leave to remain to the non-national parents of an Irish born child.".

The Minister admitted in the Lower House that there are no grounds or guidelines to assist him and his officials in determining whether to grant a person leave to remain. Will the Minister indicate the type of considerations or factors that he will take into account? After all, it is a fundamental matter when the Minister is deciding a person's future. In the interests of transparency. this amendment tasks the Minister to commit these factors to paper to let us know what those procedures will be.

As regards amendment No. 2, on Second Stage we addressed the question of our sympathy with parents who came to Ireland in the belief that if their child was born here they could stay. That was the case until the Supreme Court's decision in 2003. Before that point, they had a legitimate expectation and I am asking the Minister to recognise that. He appeared to recognise it in his comments on Second Stage.

The Minister said he would deal with their applications individually and expedite the process. He also said that when the Bill is enacted he would bring a memorandum to Cabinet to deal with this matter. I am asking him to expand on his comments on Second Stage and to reassure us that these people will be dealt with expeditiously in a humanitarian manner.

Amendment No. 4 seeks the establishment of an appeals system. Some independent appeals mechanism should be put in place. It is not fair that the Minister or his officials, who decide the initial application, should then also decide on the appeal. This does not accord with anyone's view of fairness and justice. I would like to hear what the Minister has to say about this. What is the fear about introducing some independent appeals system outside the Department?