David Stanton (Cork East, Fine Gael) | Oireachtas source

The Houses of the Oireachtas passed the International Protection Act 2015 which included changes to the family reunification provisions. I am aware that some Senators have said that they did not support all elements of the Bill at that time. However, it was passed. The 2015 Act brings Ireland closer into line with the provisions under the EU Family Reunification Directive while retaining more generous features including a longer application time limit and by not imposing economic conditions on sponsors. The Bill seeks to restore the broader definition of family members under the old Refugee Act 1996, as amended, while removing the element of ministerial discretion that was contained therein. The amendment proposed by the Senators to the 2015 Act would establish the discretionary permission under section 18(4) of the repealed 1996 Act into a legal right for family reunification for extended family members. Family reunification requires admitted family members to be resettled in the same location as the sponsoring refugee. Local authorities, which are already feeling the strain of providing permanent housing for refugees in the midst of a national housing crisis, will be asked to provide additional houses for the family members covered by the Bill. As the Government informed the House in July, the average number of family members applied for under the family reunification provisions of the Refugee Act was 20 and the largest application was for over 70 family members. The admission of so many people would have significant and unquantifiable impacts on the provision of housing, health care, education, welfare payments and other State supports. The financial impacts of this proposal are not contemplated in the Bill. As a result, the Government must be upfront about its intention to decline a money message for this Bill when it is considered in the Lower House.

The proposal to reverse the reforms made in the 2015 Act and to reintroduce an open-ended scheme for a broader definition of "family members" would substantially curtail the ability of the State to respond to ongoing and further crises by way of resettlement and other forms of humanitarian admission. Our priority should be to ensure we support a maximum number of families, rather than allowing a smaller number of families to admit larger numbers of extended family members to the disadvantage of others. The Bill fails to take into account that the discretionary permission under the 1996 Act has not been abandoned. The Minister continues to apply this provision under the Irish Naturalisation and Immigration Service non-EEA policy document on family reunification. Where appropriate, the Minister will waive the economic conditions for sponsors on humanitarian grounds. This practice will continue.

Although the policy document and certain other immigration permissions already provide legal avenues for addressing many of the specific cases raised by Senators on Second Stage, the Minister, Deputy Flanagan, and I are considering the establishment of a humanitarian programme to address the family reunification needs of some immediate family members from established conflict zones who are not covered by the provisions of the 2015 Act. Further announcements in this regard are expected in the near future. I expect that this approach will address many of the motivating concerns of the Senators who proposed this Bill.

I am also engaging with the global refugee sponsorship initiative. My officials and I met some of those involved with the initiative for quite some time in Dublin last week. Housing and accommodation are major issues.

Senator Ó Clochartaigh spoke about direct provision. I am open to any suggestions he might have regarding an alternative that would work. If he has an alternative to direct provision, he should bring it on because I want to see in writing the details of the costings, etc.