Kevin Humphreys (Labour) | Oireachtas source

I welcome the Minister to the House. I also acknowledge his previous work of which I have always been an admirer. I ask him to work with the Labour Party on this legislation, which is very important. Discretion is not good enough. It is not good enough for a child to be dependent on whether the Minister, Deputy Harris, or the Minister, Deputy Flanagan, represent his or her constituency in terms of discretion to allow him or her to stay. What happens if that child is in a DEIS school or in an area of disadvantage and does not have friends with influence to access a Minister who might act with discretion? On many occasions, I have made very strong arguments for undocumented people who have been in Ireland for a long time but because of their background or because they work in the retail sector in low-paid employment, they got a very poor hearing. It is not good enough that a child born in this State and going to school here would constantly wait for a knock on the door from An Garda Síochána to tell him or her that he or she must go. What if the child does not have power, influence, a circle or a network to run an effective campaign to get a Minister, if there is a Minister based in his or her constituency, to exercise discretion? That is no way to treat a child. In 2016, the UN Committee on the Rights of the Child criticised Ireland's immigration system for failing to protect the needs of undocumented children and failing to adhere to the UN Convention on the Rights of the Child.

I do not know whether the Minister has to deal with cases like this but it is disheartening when one is approached by someone, especially when he or she has spent some time in Ireland. When it is a child it is even worse. As an undocumented child moves into education or into employment, he or she will be treated as second class and will be exploited and abused in the workforce. That is not acceptable.

Each year on St. Patrick's Day Irish politicians travel to America and make representations for the undocumented Irish. They work, as they should, to ensure that Irish citizens who have been in America for a long time get some acknowledgement. For Members of this House to not support this Bill would be hypocritical. We are talking about basic, fundamental human rights for children. A situation where it depends on whether a Minister lives in the constituency cannot continue. This must be done through legislation. This Bill provides a formal process for a child born in this State. It is by no means liberal, because it is constrained by the constitutional amendment arising from the 2004 referendum. It is the bare minimum we can do. I would prefer if it went much further and if it was possible to re-run that referendum.