Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister to the House and the introduction of the International Protection Bill 2015. Others have spoken about the timing of the introduction of the Bill. It is unfortunate that every year, and it seems to be a fact of life in the legislative calendar, we rush legislation at the end of the year and the calendar becomes overcrowded. It is unfortunate this year, in particular, that we have so many Bills to get through in a limited time.

Having said that, this is a Bill that is long overdue and that needs to be passed. It has been broadly welcomed in principle by NGOs working in the area. I acknowledge the presence in the Visitors Gallery of Sue Conlan of the Irish Refugee Council. It is reform that is very necessary which has been acknowledged by everyone. As the Minister has said, this Bill is not the final step in reform of our immigration and international protection process. Clearly, there is a great deal more to be done by way of reform and this is an important first step. We are all conscious of the lengthy legislative history of this Bill and that it represents part of much bigger legislation that was at an advanced stage previously.

The aim of the Bill is to reduce the length of time an asylum applicant will spend in direct provision through establishing a single applications procedure. There is a good deal more in the Bill but clearly a reduction in time is a clear aim or goal which we all welcome. We also welcome that it replaces what is a cumbersome and unwieldy framework for applications under the Refugee Act 1996, as amended. We are all cognisant of the need to ensure we underpin our commitments both nationally and at European level to deal with the migration crisis. All of us in this House have spoken about the dreadful plight of the desperate refugees we have seen in recent months fleeing Syria and Iraq in large numbers and at such terrible cost to themselves. We have also seen the dreadful deaths in the Mediterranean Sea. We are all very conscious, therefore, of the need for reform. The flaws in the current process have been well documented but I will say again that delay is a major issue. Anyone who is familiar with direct provision or has been critical of it has identified delays as a key issue.

I welcome that the Bill has linked with the work done in this area by the working group on the protection process. As the Minister said, the legislation responds to the 26 recommendations made by the group. I commend my Labour Party colleague, the Minister of State at the Department of Justice and Equality, Deputy Aodhán Ó Ríordáin, who has been instrumental in seeking to achieve progress on the recommendations of the group. A key critique by NGOs which work in the area and whose input has been very helpful is that the Bill does not go far enough in implementing the recommendations of the working group. I hope we will see more progress on the other recommendations in due course.

As the Minister has said, the Oireachtas Joint Committee on Justice, Defence and Equality compiled an interim report on the Bill at the pre-legislative stage back in July. The benefits of the Bill are obvious. It will bring our law more closely into line with our EU obligations and with the United Nations' convention on refugees. It will provide a co-ordinated framework and replace what is a fragmented system, which is welcome. The Bill will also tackle the issue of delay and provide a speedier and more efficient process, which is why, as I said, NGOs have broadly welcomed the Bill in principle and its introduction.

There have been quite a number of critiques of the Bill. I will identify some of the issues that have been flagged with us by groups such as the Irish Refugee Council, the Immigrant Council of Ireland, NASC and the Law Society of Ireland. It may be, given the limited time available, that we cannot see a way to change the Bill to respond to all the concerns. It is important to put them on the record and to look at how we can address them in future legislation or other policy mechanisms.

The recommendations made by the working group on the protection process should be implemented although that need not necessarily be done through statute or this Bill. There should be more progress made on the other recommendations. Many groups have argued that the system of reception should have a statutory basis. There is a concern about statelessness which I know is something that has been worked on for some time.

Senator van Turnhout has raised issues about the adequacy of the protection of children's rights in the Bill as formulated, and concerns have also been expressed in this regard as it affects other groups. I note that the Law Society of Ireland, NASC and the Irish Refugee Council have referred to the difficulties with refugee family reunification. I know from speaking to colleagues who practise in this area that there is a great deal of litigation before the courts in respect of this area. It is very important, therefore, that we get the legislation right.

There is a concern that the definition of family in the Bill is too limited. There is also a concern that the time limits and procedures provided for may not adequately address people's need to be reunited with their families. There is also an issue with access to work for refugees or, should I say, for those in the system. I mean people seeking asylum and who have been in the system for a period such as six months. I note that section 16 states such persons are precluded from seeking work. Again, we should be able to look at the matter. Perhaps in other legislation we should look at how best to meet the needs of people to ensure they are not stuck in a system unable to work for lengthy periods.

I am conscious of the timing of this legislation in terms of the amount of legislation and business we must get through. I welcome this Bill as a first step in the much-needed reform of our international protection process. I thank the Minister for introducing the legislation in the House.