Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The principal purpose of the International Protection Bill is to reform the system for determining applications for international protection in Ireland through the introduction of a single procedure. This delivers on the commitment given in the statement of Government priorities to legislate to reduce the length of time the asylum applicant spends in the asylum determination system and consequently in direct provision through the establishment of a single applications procedure. The Government has, therefore, singled out this aspect of our immigration and asylum system and given it special priority so that it can be addressed with specific and timely focus under today's Bill. It is also intended that the Bill will be in compliance with the United Nations convention relating to the status of refugees and with the related EU directives on asylum procedures and qualification into which Ireland has opted.

The publication of the Bill and its early enactment and implementation is also a key recommendation of the report of the working group on improvements to the protection process, including direct provision and supports to asylum seekers, which I and the Minister of State, Deputy Aodhán Ó Ríordáin, established. The very welcome report was published on 30 June 2015. The Bill now responds to 26 of the working group's recommendations. I thank the Members of both Houses who contributed to the pre-legislative scrutiny of the general scheme of the Bill by the Oireachtas Joint Committee on Justice, Defence and Equality which issued an interim report in July.

The recent refugee flows to, and across, our continent, and the life-threatening risks that are being taken, highlight the fact that the asylum and protection process is one that very much has a human dimension. Its application procedure has human beings and communities on both ends. The introduction of a new and streamlined procedure will, in my view, help remove some of the human stresses and strains that have arisen for all concerned under the present cumbersome and multi-layered application framework and its ensuing delays. We are all very familiar with these. A very real sense of who we are dealing with under the Bill, and why we are doing so, is conveyed by the fact that international protection can be secured either as a person who is eligible for refugee protection on the basis of a well-founded fear of persecution in the country of origin, or as a person who is eligible for subsidiary protection on the basis of a real risk of suffering serious harm if returned to the country of origin. Under the Bill's proposed procedure, an applicant will make one application only, and will have all grounds for seeking international protection and for being permitted to remain in the State examined and determined in one process.

In keeping with the Geneva Convention, persecution can arise under the Bill by reason of race, religion, nationality, political opinion or membership of a particular social group. Acts of persecution are defined in the Bill as constituting a severe violation of human rights. The term "serious harm" is defined to include execution, torture or serious threat to a civilian's life in a situation of armed conflict. The term "international protection" is defined as status in the State either as a refugee or as a person eligible for subsidiary protection on the basis of a declaration given under the Bill.

In broad terms, the introduction of the single application procedure will include the following benefits: Ireland's international protection system will be brought into line with other EU member states; there will be speedier processing of new applications for international protection; and there will be a significantly reduced time for applicants in direct provision accommodation and in its costs to the State.

Under section 6 of the Bill changes will be made to current legislation. In particular, the Refugee Act will be repealed. Originally enacted in 1996, it has been heavily amended over the years and its provisions will be significantly updated by the Bill. The Bill will also see the revocation of a number of sets of regulations made under the European Communities Act in the period 2006 to 2015 for the purpose of giving effect in Irish law to provisions of EU directives in the field of asylum. I am very pleased that the Bill provides the opportunity to consolidate these aspects.

The Government is committed to a balanced migration policy. While the reform to the protection system will ensure that Ireland effectively lives up to our international humanitarian obligations, the accompanying changes to the immigration laws will ensure the following that Ireland is equally effective in enforcing deportations and border controls to prevent and tackle those wishing to enter and remain illegally in the country without proper cause. The Bill contains important new amendments to the Immigration Acts relating to deportation and border control and is also aimed at improving the effectiveness of legislative provisions dealing with the arrest, detention and removal of non-nationals against whom a deportation is in force; the removal from the State of persons refused leave to land, of whom there are more than 3,000 every year; the appointment of immigration officers in the context of the ongoing civilianisation of border control duties; and the designation of an approved port for the purposes of entry into the State.

The enactment of the Bill will involve key structural changes being made to the present administration of our asylum and protection regime. The Bill's repeal of the Refugee Act 1996 will effectively abolish the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. A new international protection appeals tribunal will replace the existing Refugee Appeals Tribunal, providing effective remedy against decisions taken on applications including a decision to refuse. The new tribunal will be independent in its functions and designed to enable the efficient conduct of its business and consistency in its decisions.

The Office of the Refugee Applications Commissioner will be replaced by a dedicated unit within the Department acting as the determining authority at first instance for applications for international protection. This unit will be known as the protection office. Existing staff and others experienced in the processing of protection applications, who are trained to UNHCR standards, will transfer to this office. The existing management team in the Office of the Refugee Applications Commissioner will also play a significant role in seeing through the establishment and functioning of the new office. Priority will be given to ensuring that existing best practice and standards in the processing of asylum and subsidiary protection applications will be embedded and maintained under the new dispensation.

I will now turn to the architecture and provisions of the new Bill. In so doing I will point to its provisions, rather than go into detail section by section. An explanatory memorandum is also available. The Bill consists of 77 sections laid out in 13 parts which are followed by two schedules. Part 1 contains the usual commencement, interpretation and definition sections.

Part 2 of the Bill deals with qualification for international protection and consists of sections 7 to 12, inclusive. These provisions are intended to be in compliance with the EU directive which I have mentioned. The directive was adopted in 2004 and recast in 2011 to ensure a uniform status in the EU member states for refugees or persons eligible for subsidiary protection. The Bill has been prepared in compliance with the 2011 recast of the original directive.

Part 3 of the Bill deals with applications for international protection and consists of sections 13 to 25, inclusive. That goes into the detail about the preliminary interviews, and that if there is an unaccompanied minor coming, Tusla, the Child and Family Agency needs to be told that he or she is seeking to make an application. Obviously, we have got much better and have much better procedures in this country for dealing with unaccompanied minors. It is noteworthy in the current movement across the Mediterranean and through Balkans that there is a high percentage of unaccompanied minors.

Sections 15 to 17, inclusive, set out the procedure for making an application for international protection and giving permission to an applicant to remain in the State for the duration of the single procedure. Then there are various provisions, which allow for the issuing to an applicant a statement in writing specifying the procedures to be followed and on the taking of the fingerprints of applicants. Section 20 provides for grounds for the detention of an applicant under the supervision of the District Court. Section 23 provides that the Minister or the International Protection Appeals Tribunal may require an examination of an applicant's physical or psychological health, and there are various other sections in that part.

Part 4 of the Bill deals with the assessment of applications for international protection and consists of sections 26 to 32, inclusive. Section 30, for example, provides that protection against persecution or serious harm can only be provided by a state or parties controlling a state or part of a state, provided they are willing and able to offer protection which is effective and of a non-temporary nature. There are various definitions dealt with in that section.

Part 5 of the Bill deals with the examination of applications for international protection at first instance. Section 33 provides for the examination of an applicant by an authorised officer to determine first if the applicant should be given a refugee declaration, and, if not, if the applicant should be given a subsidiary protection declaration. Section 34 provides that as part of the examination the applicant shall be subject to a personal interview. That is an important section. The various guarantees applicable to unaccompanied minors are set out, including that the interview is conducted by a person who has the necessary knowledge of the special needs of minors.

Part 6 of the Bill deals with appeals to the International Protection Appeals Tribunal and consists of sections 40 to 45, inclusive. These provisions are in compliance with the EU directive on asylum procedures. Section 40 provides that an appeal may be brought by notice in writing within 15 days of the sending of the notification of the recommendation at first instance to either refuse refugee status or to refuse both refugee status and subsidiary protection. There is also the possibility of the tribunal holding an oral hearing for the purpose of an appeal.

Part 7 of the Bill deals with the various outcomes for applicants for international protection. These provisions represent the watershed of the new applications procedure. In summary, in respect of an application for international protection which is admissible for processing in Ireland and is not subsequently withdrawn, the applicant concerned can have one of the following outcomes: refugee status, subsidiary protection status, permission to remain in the State, voluntary return to the country of origin or deportation order.

Section 46 provides for the giving of, and the refusal to give, a declaration of refugee status or subsidiary protection status. On the other hand, section 47 allows for voluntarily return to the country of origin.

Section 48 provides that the Minister shall, in the case of an applicant who is being refused international protection, consider whether the applicant should be given permission to remain in the State and provides that in making this decision the Minister shall have regard to the applicant's family and personal circumstances and his or her right to respect for his or her private and family life. This makes it clear that the Minister, in making a decision, shall have regard to the provisions of Article 8 of the European Convention on Human Rights.

Section 49 provides for the prohibition of return based on the refugee convention and the European Convention on Human Rights. Section 50 provides for the making of a deportation order. Section 51 provides a procedure for the revocation of international protection status, principally where the person is excluded from, or has ceased to be eligible for, international protection.

Part 8 of the Bill deals with international protection aspects and consists of sections 52 to 57, inclusive.

Part 9 of the Bill provides for matters relating to programme refugees and temporary protection of displaced persons. Section 58, for example, provides for the admission to the State of persons for resettlement, which is usually in co-operation with the United Nations High Commissioner for Refugees.

Part 10 of the Bill deals with the International Protection Appeals Tribunal, Part 11 deals with transitional provisions which will be necessary and Part 12 deals with more miscellaneous matters.

On Part 13, as intended by this Bill, an effective immigration and asylum system must ensure that those entitled to a positive decision receive it as soon as possible. At the same time, we must also provide effective safeguards for removing those without the sustainable grounds for remaining in Ireland. The amendments found in this part of the Bill therefore address, among other matters, a number of gaps in existing legislation in the area of deportation that have been identified in court proceedings.

In concluding the introduction of this Bill before the Seanad, I consider that it can simplify and streamline existing arrangements and provide applicants with a final decision on their application in a more straightforward and timely fashion and will also, as a consequence, reduce the length of time applicants spend in the direct provision system. At the same time, it will allow for the identification, at a much earlier stage, of persons who have no entitlement to stay in the State and who can safely return to their country of origin.

I thank Senators for their engagement with this important legislation. There is much more work to be done in terms of broader migration policy, but this evening's Bill represents an important step forward in streamlining the asylum and protection provisions which will ensure the dignity of all concerned. In that spirit, I look forward to the debate of its provisions and the reforms which it can put in place. I commend the Bill to the House.