Seanad debates

Wednesday, 7 March 2018

International Protection (Family Unification) (Amendment) Bill 2017: Report and Final Stages

 

10:30 am

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

In the official response, the Minister clearly states that, in some cases, only one family member might have applied or in some cases there might be a much wider dispersal of family members. It also does not include the figures for applications for family members who were outside the scope of the legislation and were therefore rejected at first instance. They were, however, received as applications and still need to be assessed as such. I trust that clarifies that matter.

The reintroduction of an open-ended family reunification process for extended family members will, by necessity, limit the scope of our response to future international humanitarian crises. It would be impossible, if one had an open-ended process, to quantify for housing and service providers an accurate account of what services will be needed now and in the future. The small community has some houses available now but cannot know how many people will ultimately arrive in their town. We will either see housing stock being withheld to cope with that unknown future demand or offers diminishing as a result of this open-ended process. We cannot afford any more uncertainty to compete with scarce resources. The only impact it will have is to reduce further the housing stock that may be available to us, and this unintended consequence will greatly impact on those needing protection.

While we all support providing the highest level of assistance and help to beneficiaries and their families to integrate their communities, we must balance this with the needs of supporting those who remain most vulnerable, in particular those who are referred to us by the UN High Commissioner for Refugees, UNHCR, from its refugee camps. We already have a waiting list of people who we have accepted to come here from UNHCR camps. We are not prepared to add in a new category further ahead of these especially vulnerable people in the queue. We have made a commitment to bring 4,000 people in need of protection to Ireland, and we are resolute that we will bring them here to safety despite the enormous housing challenge that we face. The resources of the State are not unlimited, especially in the area of housing, and we must use these resources efficiently to maximise the contribution that the State can make to supporting beneficiaries already in the State while continuing to enhance resettlement efforts and supporting solidarity efforts among EU member states.

Senators should not forget that alternative avenues for family reunification for extended family members are already available under the Irish Naturalisation and Immigration Service, INIS, non-EEA policy document on family reunification. The Minister, Deputy Flanagan, can and does use his discretion under this policy document to waive the economic conditions for certain extended family members. All applications are examined on a case-by-case basis. It is vital that we maintain this discretionary element that disappears once categories of persons are selected and put into law as this Bill proposes. The family reunification humanitarian admissions programme, FRHAP, is a natural extension of this existing policy, allowing for the humanitarian use of discretion and considerable flexibility. If, in the rolling out of the family reunification humanitarian admission programme, a particular issue arises, it can also be quickly addressed as the scheme can be more flexible and responsive than formal legislation when required. The Oireachtas joint committee called for a humanitarian scheme to be introduced.

The Government is committed to supporting beneficiaries of international protection and their families in the State and to providing opportunities to respond to ongoing and future crises by way of resettlement and humanitarian admission. However, for the important reasons I have outlined, we cannot support this Bill. The unintended consequences of well-motivated legislation may, in effect, impede progress on this humanitarian issue, leaving those in need of protection in camps abroad further down the housing list and further delaying their arrival to safety in Ireland. It is a price that we are not willing to pay on their behalf. The Government has listened to previous debate and has heard the advice of colleagues to prioritise conflict zones and to maximise use of discretion in dealing with humanitarian issues. Discretion is important. I am confident that a combination of the IRPP and the FRHAP are a more fitting and flexible response to the immediate needs of those fleeing conflict. They are already up and running and responding to this grave need. I look forward to the rolling out of FRHAP in the coming weeks. It will achieve, in a shorter timeframe, what the intentions behind this Bill seek to achieve. We are already doing that.

I will respond to Senator Norris regarding same-sex relationships. Ireland recognises de facto same-sex relationships in a humane way already.

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