Catherine Noone (Fine Gael) | Oireachtas source

The timeframe will ensure changes are not implemented that would impact the continuation of the common travel area. This would ensure that Ireland's negotiation position with the UK on the common travel area is not compromised in upcoming negotiations. Given Ireland's commitment in the European Pact on Immigration and Asylum at the European Council, deferral of this Bill will ensure that our negotiation position with the EU on retaining the common travel area is not weakened in the context of the UK's decision to leave the European Union.

It will allow for the commencement of the International Protection Act. The Act replaces the time-consuming multi-layered sequential applications system with a new single applications procedure, in compliance with international standards. The Act is designed to address the issue of the length of time people spend in the protection system and to deliver determinations of applications within a shorter timeframe. It will provide sufficient time for the full implementation of the recommendations of the working group report to the Government on improvements to the direct provision process, including direct provision and other measures which are the subject of the Bill.

The deferral of the Bill will allow time to consider in detail any unconstitutional discrimination resulting from the different treatment of categories of applicants prescribed by the Bill which would have to be justified by objectively sustainable and not arbitrary reasons in order to be constitutionally compliant.

Despite the merits of the Bill and the clear intention, which is to be commended, it could perhaps have potential negative or unintended consequences. It does not take into account the significant reforms included in the International Protection Act 2015 resulting from the implementation of the recommendations of the working group on the protection process. The Bill essentially amounts to a standing amnesty for those who would seek to make false protection claims in the knowledge that if they can hold out for four years, they will gain residence status. This is a potential pull factor for false protection claims and for irregular migration, not least that it also confers potential benefits in respect of family members. In some cases, these exceed that available to persons who use legal migration channels. An increase in false protection claims will also delay the processing of genuine protection applications.

The Bill actively incentivises the evasion of deportation orders. Fundamentally, the Bill fails to appreciate the distinction between the delays arising from the construct of the protection system itself and those generated by the actions of the foreign nationals, including judicial reviews.

I commend the amendment.