David Cullinane (Sinn Fein) | Oireachtas source

There are a number of amendments with which I do not agree. However, I wish to speak to only two of them, one of which is amendment No. 23. My concerns are also expressed by NGOs and groups such as the Irish Refugee Council, the Migrant Rights Centre and Nasc. The proposed section 20(1)(e) states an immigration officer or member of An Garda Síochána may arrest an applicant without warrant if that officer or member suspects, with reasonable cause, that the applicant has acted or intends to act in a manner that would undermine the system for granting persons international protection in the State or any arrangement relating to the common travel area.

The changes, especially the one relating to "the system for granting persons international protection", comprise a significant and unwarranted amendment to the powers of immigration officers and An Garda Síochána. The phrase "has acted or intends to act", coupled with the phrase "the system for granting persons international protection", is exceptionally vague and incapable of any form of certainty such that it could leaves any person who applies for refugee status or subsidiary protection liable to arrest without a warrant. It is unclear why this change has been made but it is assumed that, because of the phrase "any arrangement relating to the Common Travel Area", it is aimed at people coming from the United Kingdom through the North. This has been effected because of the increase in the number of young Pakistani men coming from the United Kingdom and claiming asylum. It is possible that, when considered with section 77, it is intended to be a catchall to give the authorities the power to prevent or interfere with a protection claim should the person gain entry to the State. Whatever the intention behind the amendment, it should not be added to the reasons a person can be arrested without warrant. It can undermine the very right to submit a protection application, even one that the authorities might deem to be without merit, and it has no place in an international protection system. Importantly, it also represents an arbitrary ground for detention leading to a potential violation of ones right to liberty, which is a core human right. The UNHCR guidelines on detention state clearly that detention must not be discriminatory or arbitrary. Therefore, the right to asylum must be respected at all times.