Seanad debates

Monday, 7 December 2015

International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages

 

1:00 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I apologise for being so delayed - I had an urgent dental appointment - but I was astonished to hear suggestions that people might be compelled to work. There is no suggestion from this side of the House that there should be any compulsion for people to work. It is about the right to work. I am rather sad to observe the Minister of State, who I know to be a decent and open-hearted man, coming into the Chamber to defend these completely indefensible positions. The Irish Refugee Council, which was consulted about this issue, made a series of recommendations, only a few of the most conservative of which were cherry-picked. I apologise to Members if it already has been read into the record, but the recommendation made on this issue was:

[T]hat provision for access to the labour market for protection applicants who are awaiting a first instance decision for nine months or more, and who have cooperated with the protection process (under the relevant statutory provisions), should be included in the ... International Protection Bill and should be commenced when the single procedure is operating efficiently. This recommendation ... takes account of the fact that, under the current statutory arrangements, first instance decisions in respect of refugee status and subsidiary protection do not (in the normal course) issue within nine months at present.

That is clear and unambiguous. There is nothing about people being forced to work or anything remotely like that. The council suggested an amendment, which I will not go into because I am sure it has been tabled and it may be one of the amendments Members are considering at present. However, the Irish Refugee Council has suggested amendments to the section that would permit people to work. I consider such suggestions to be astonishing.

I must state, as a matter of general principle, that this is what happens when one gets legislation that is hurried in draftsmanship, which obviously is what has happened given the number of amendments, and rushed through the Seanad in the couple of weeks before Christmas. I have been a Member for nearly 30 years and have seen this every single bloody year, and I am fed up to my back teeth with it. It is bad legislative procedure and is bad for democracy. However, I believe this is the worst Members ever have seen. There was a previous Bill that had 300 amendments. It is just dreadful.

I will not go on because I am sure Members already have spoken on it but, on the amendment itself, it seems clear to me that people should have the right to work. That was the recommendation of the Irish Refugee Council. Why have such a council and why bother consulting it if the Government does not take a blind bit of notice of what it proposes?

I introduced a Bill to address direct provision and the Minister gave undertakings about direct provision. It would be a dreadful comment on our society if greater rights are provided for asylum seekers who are brought in under this scheme than for those people who already are here and in direct provision. This point also must be addressed. I genuinely acknowledge that the Minister of State has sincere and deep feelings on this matter but, really, these issues must be addressed. Members only have a short time left, as it was being suggested today on the wireless that the Government might call the election straight away and not return after Christmas. I do not know whether that is true, but if it is, Members certainly are dealing with a rushed package and that simply is bad. Perhaps the Government does not trust whatever incoming Government may follow it to deal with these matters.

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