Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 317: To ask the Minister for Justice, Equality and Law Reform his views on the criticisms of his Department expressed in the Crosscare migrant project report, Invisible Pathways: A critique of the Irish immigration system; the way it can contribute to people becoming undocumented; if he will undertake to make any of the changes recommended in the report; if he will identify the changes which he will make; and if he will make a statement on the matter. [27089/09]

Dermot Ahern (Louth, Fianna Fail)
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The report, referred to by the Deputy, relates to the experiences of clients of the Crosscare service when interacting with the Irish immigration system. It is a lengthy report with many comments and over 90 recommendations. As a result it is not possible for me to comment in detail on the issues raised but rather to give a general response.

There is no doubt as to the sincerity of the Report and any commentary on the operation of the Immigration system, or indeed of any State service, is worthwhile. That is not to say that I would accept its findings or analysis in each area. The Report approaches the issue from the migrant perspective, somewhat in isolation from broader policy considerations and without significant consideration of resource constraints. Government on the other hand has to take a broader view balancing sometimes conflicting demands.

The Report highlights general issues of customer service and lack of information. These comments are noted. Neither I as Minister nor the Irish Naturalisation and Immigration Service would claim that there is no room for improvement. On the contrary, efforts to improve the service are ongoing and INIS is implementing a change management programme aimed at managing its enormous and changing workload into the future. The Crosscare report will input into that change management process. INIS has also established a customer forum, chaired by its head of Corporate Services, at which NGOs, including Crosscare, have the opportunity to meet with senior personnel and raise issues of concern.

The Report is critical of the level of discretion in the decision making process. While the need for transparency and consistency is accepted, ultimately decisions have to be made by the State authorities based on best judgement and with reference to the circumstances presented in a particular case. Each case must be determined on its merits.

In relation to persons who become undocumented, it does not follow that this is the result of State inaction. First and foremost all migrants have a responsibility to maintain their immigration permission. Many of the people who enter into correspondence with the immigration authorities or make an application for leave to remain have no immigration status at the time they do so. Arrangements are being put in place to deal with cases where persons who formerly held a work permit have become undocumented through no fault of their own.