Barry Ward (Fine Gael) | Oireachtas source

I second the amendment. The words "compassion" and "discretion" have featured particularly in this debate. That is the most important way we can approach this very sensitive issue. In that regard, I fully support the Bill's aims. It is an entirely meritorious matter to bring before the House. I understand the circumstances behind the Senators' decision to sponsor this important Bill.

Regarding compassion, Senators Higgins and Ruane mentioned a number of cases. Any one of those cases would cause anybody to think twice over whether we should deport anybody from this country. The process involved causes hurt, upset and anguish among the people subject to deportation. It causes harm to those people. However, it does not mean we should never deport people and I do not think the Senators are saying that either. Of courses, in some cases it is necessary to carry out deportations and remove people from the State, even in circumstances where there is an emotional and, on the face of it, good reason it should not happen. It is important to take into account what the Minister said about compassion.

The Government amendment uses the word "pragmatic". It is important to apply the compassion in a pragmatic fashion if the system is to function at all. As we debate this issue, we know there are major flaws in the system. For a migrant worker, somebody seeking international protection in this country under the International Protection Office, or people coming here under other circumstances, officialdom is a difficult hurdle for them to negotiate. I have been contacted by a number of people who have been delayed, especially because of Covid, in getting their stamps, visas or work permits renewed. It is a problem across the system.

In contemplation of this debate, I contacted someone who lives not far away from where I live, Órlaith Ní Mhadagáin, who is engaged to a foreign national, Jatinder Singh. She contacted me a number of months ago. He was the subject of a deportation order which he had appealed. They contacted me to ascertain when a decision would be made by the Minister's office on that order. I contacted Órlaith to ask if I could mention her name in the House today. I received the very happy news that they had received an email from their solicitor that the appeal has been successful, and the deportation order has been lifted. I express my thanks to the Minister in that regard.

I hope that is also indicative of the approach her office takes to these issues. A functional, employed, decent person from another country has come here and put down roots, built a relationship with an Irish national and wants to stay here. It is entirely appropriate that he should be allowed to, even if there are good reasons he might be otherwise deported. I hope the Minister's stepping in to revoke the deportation is an indication of the approach her office takes to these matters. That is also indicated by what she has said in her contribution to today's debate.

Compassion is a very important element of the aspect of this. With compassion, we must also remember that hard cases make bad law. We cannot make decisions on whether deportations should take place on the basis of the cases where they probably should not. I think it is reasonable to suggest that the cases that have been outlined are definitely cases where a question mark arises. I encourage the Minister, as I know she will, to look at them with a kind compassionate eye, the very one she has been speaking about in her contribution.

The pragmatism and the discretion that these Houses afford to the Minister for Justice of the day to make these orders is very important. The Houses of the Oireachtas have delegated to the Minister for Justice the function of making the decision in respect of deportation orders with good reason. It would be entirely impractical for these Houses to make a decision on any individual application. Nobody is suggesting we should, both from an administrative perspective and simply because these matters should be outside the realm of politics and judged on their merits. The same compassion we have discussed should be applied to them.

However, notwithstanding the good intentions of the Bill, I have a problem with removing that discretion from the Minister. It is important that we afford the Minister the trust and confidence of the Oireachtas in allowing her to exercise her discretion to make these orders where it is appropriate and where the compassion in the situation has not overcome the reason behind the deportation order. Regarding this Bill, I have great confidence that the Minister, Deputy McEntee, has the capacity, compassion and understanding to make the right decisions on those matters when the time comes.

Section 5 provides that the ban would also be in place for three months after the emergency period. There is a difficulty with not just the removal of discretion but the removal of the discretion after we have come out of the Covid pandemic, and we all look forward to that day. That is not the stumbling block to which I draw the House's attention. The removal of the discretion is a stumbling block for me. Passing the Bill would indicate that we no longer trust the Minister to have discretion in these matters.

One of my councillor colleagues, Baby Pereppadan, has brought to my attention a number of cases of people who are waiting for the Garda National Immigration Bureau to renew stamps and things like that. Many foreign nationals have been greatly delayed in progressing these applications. I have already brought many of these to the Minister's attention. That is also a problem with the process. In the context of those applications, it would be a mistake to remove the discretion from the Minister.

The Immigration Act and the other legislation that have delegated this function must remain in place. I come back to what I said at the start. The two governing principles in this must be compassion and discretion. We have heard about compassion. In her opening contribution on the Bill, Senator Higgins expressed concern that she did not have assurances from the Minister in respect of this. I hope she has now received them. They cannot be binding assurances because that would be another way to remove the discretion from the Minister. What the Minister said in her speech indicates that she understands the importance of taking a discretionary approach to these matters. She looks at the appeals and orders she is asked to make. She outlined the criteria that are considered by her office. I have confidence that the compassion is there. I also say that discretion must be there.

The Government amendment mentions that a number of deportations have not been effected in recent months. For all the reasons that have been outlined by other Senators, we need to consider that. That discretion is very important because it cuts both ways. It is not just a discretion to deport, it is also a discretion not to deport. We must trust that the Minister will have that compassion and we must trust the Minister sufficiently to give her that discretion.