Martin Conway (Fine Gael) | Oireachtas source

I acknowledge my colleagues in the Labour Party for bringing forward this Bill. We began dealing with the legislation relating to judicial appointments at 2 p.m. However, what the Labour Party is trying to achieve in the Bill before us is far more important.

I acknowledge those in the Visitors Gallery, who obviously believe in what is proposed in the Bill. We have been here many times, as Senator Ó Ríordáin and others stated, speaking about the issues relating to people who come to this country for refuge and a safe haven. In recent years, there have been incremental improvements in areas such as direct provision. I welcome the Minister of State, Deputy Stanton, who has personally overseen what I would describe as a transformation in this area, particularly in the context of direct provision. The vast majority of the recommendations of the McMahon report have been implemented. While we all have issues with elements of direct provision - there are aspects of the system that we absolutely do not like - it is only fair to acknowledge that a lot has happened to improve direct provision, particularly in terms of reducing the time people have to wait for decisions on their applications for permission to remain.

If the Government is opposing the Bill, it is obviously doing so for reasons that I suggest are not in any way disrespectful or that run counter to what people are trying to achieve here. There are probably legal reasons for this and I am sure the Minister of State will outline them in due course. I would much prefer the Government to work with the Bill but if the Minister of State commits to coming back to the House with other or alternative legislation in order to achieve what people are seeking to do, I would be happy.

As a country, Ireland has a far better record in this area than some of its European neighbours. In terms of children being facilitated and treated properly, this country is in a far better position and we can hold our heads high when compared with other countries. However, I accept that we have a long way to go. I also worry about the whole area of discretion. I welcome what happened in the case of those two children who happen to live in the constituencies of Ministers. I am sure that was not the reason for their difficulties being resolved and I am sure that the cases that were made were appropriate. However, I would like to see every child who is in that position, regardless of whether there is a campaign group to facilitate, support and advocate for him or her, to be able to benefit from the same discretion. Discretion is not a bad thing; it is a very powerful weapon. We have seen how discretion has been used in many appropriate cases by institutions such as An Garda Síochána over the years. I would not necessarily remove the word "discretion" because it can be used in an extremely positive way, as we have seen in the two cases to which I refer.

With regard to Senator Billy Lawless' work in America, I have been very involved in lobbying for the undocumented Irish in the same way that I have been very involved in lobbying for the undocumented in this country. I will not be accused of hypocrisy by anybody because my track record over the past eight years in this House speaks for itself. Senator Lawless has done phenomenal work. I remember being in Washington at the time of the Kennedy-McCain Bill. Unfortunately, that came apart at the 11th hour. Many subsequent attempts to deal with this matter have also come apart in the same way. I would like to think - I would be fairly confident in saying this - that the Irish Government and this State's record in dealing with the undocumented is far more impressive than that of the United States. We are miles ahead in terms of how we treat people when compared to how they are treated in the United States, and that is not just today but over a number of years. When people get their green cards in the US, the world is their oyster and they are treated phenomenally well. However, in comparison with the US, we have a good record in terms of dealing with the undocumented. There are many Irish people in the US who can thank Senator Lawless for the work he has done to assist them. It is wonderful that he is in the House because he brings an influence, a knowledge and an expertise that informs us for the better.

I do not know if we will be supporting the Bill. We will wait to hear what the Minister of State has to say.