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

I will respond to the points made by both Senators. With regard to detention and the section about which Senator David Cullinane is concerned, let me review what is in the section. 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 in one of the ways listed. The international circumstances have to be taken into account, both in terms of security and ensuring those who enter our country are genuine refugees. This is a very stark issue at present. Obviously, there is a considerable humanitarian crisis. We have responded as a country by taking 4,000 individuals over two years. These are mostly people who would clearly be deemed to be refugees because many of them are fleeing conflict in Syria. The recognition rate of such refugees is approximately 80% to 85%. That is the general position of the Government on the humanitarian crisis. Obviously, this is an ongoing problem and it will be discussed at various European Council meetings over the coming months.

The section is about people who would pose a threat to public security or order in the State, who have committed a serious non-political crime outside the State, who have not made reasonable efforts to establish their identity, or who have acted or intends to act in a manner that would undermine the system for granting persons international protection in the State. These are very serious issues. This is about the abuse of the system and people who would abuse it. Not recognising this is doing a disservice to genuine refugees, who deserve to get the best possible service from the State. Importantly, a person detained under the section "shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained". There is an automatic provision built into the Bill that a District Court judge has to hear the case in such circumstances. That is a very substantial next stage. The Senator's concern is about the abuse of the measure or its application to a particular category of persons. We know there are people who will abuse the system — that is very clear — so the safeguard involving the District Court is important. What we are including in the Bill is reasonable in terms of a state safeguarding its international protection system. There are other safeguards also. The legislation adds further appropriate reasons a person may be arrested if he is exploiting or abusing the common travel area. We know of the debate that is occurring internationally on this. This is a very appropriate measure.

I thank Senator van Turnhout for recognising the way in which we have dealt with the protection of children in the Bill.This is an area which highlights very challenging issues and decisions. Children are in a very vulnerable position when their families travel around the world in the way that is happening at present. Many unaccompanied minors are travelling into Europe which poses particular challenges to many countries and doubtless will also prove to be a challenge here. That said, we have made great strides in this country in terms of the way we respond to unaccompanied minors. A very caring system of foster care is being developed for them.

In terms of the amendment before us, the Government has inserted numerous amendments in various sections of the Bill which refer to the best interest of the child, an issue which is close to my heart. That will be very protective for children and families in these situations when decisions are being made.