Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Hers will be a hard act to follow. I welcome the Bill as an attempt to highlight and focus discussions on the delay within the asylum procedure and to clear some of the backlog of applications before a proposed new single protection procedure comes into force. It is unacceptable that people who are waiting for a decision on their protection needs for up to four years are left languishing in direct provision during that time. While supportive of the objective and good intention of the Bill, I and a number of non-governmental organisations, NGOs, have stated that we have concerns about its content as it is currently drafted. I will address those concerns.

First, the use of the term "regularisation" in the Title and content of the Bill indicates that there must have been a period of irregularity. People who have outstanding applications for either refugee status or subsidiary protection do not have an irregular status. Instead, they are awaiting a decision on applications made under Irish law, in compliance with EU or international obligations, and have a temporary right or permission to remain pending the outcome of that decision. In addition, notwithstanding that applications for leave to remain follow a notice from the Minister for Justice and Equality that she is considering deportation, until that application has been determined, refused and followed by a deportation order it is inaccurate to say that a person is in the country irregularly. Similarly, there is a reference in the explanatory memorandum to 50,000 Irish immigrants in the United States with an irregular status. That term is bandied around by others. It is confusing, as they are not in a comparable situation to persons awaiting decisions in Ireland in the direct provision system. The content of the Bill should be reviewed in this light and an alternative wording, such as "resolution of residency status" could be considered.