Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Adjournment Debate. - Treatment of Immigrants.

Mr. G. Mitchell:

Parts of Dublin in particular are becoming multi-racial communities and no preparation has been made for this sea change in the makeup of those communities. This has given rise to some racial tensions which could boil over into ugly scenes and perhaps even violence. That is not an exaggeration. During the last general election campaign, the issue which was most raised with me and, indeed, other Deputies to whom I have spoken and who represent inner city Dublin constituencies, was immigration. Not all comments were anti-immigrant and some who raised the question with me were concerned about the treatment of immigrants.

I witnessed an immigrant woman being spat on in Rathmines, Dublin. I do not know what gave rise to this altercation as I turned around when it occurred. It may well have been retaliation for something which was done, but it was an ugly thing to see. Some very ugly comments have been and are being made and some of them are being fuelled by irresponsible comments from public representatives. Fear, uncertainty and the newness of this problem which has descended on communities have given rise to great concern. In some cases the immigrants are responsible for the reaction they receive but that is because they have not been prepared for their responsibilities and often cannot communicate in English with neighbours who sometimes complain about their activities. Much of the comment has nothing to do with people experiencing difficulties with immigrants but with the presence of immigrants. I am anxious that a Minister be appointed to co-ordinate the social welfare, housing, health, immigrant and community relations issues which arise from this new situation.

There are 800,000 people born in Ireland living in the United Kingdom. Some 11.5 per cent of the population of Greater London was either born in Ireland or are the children of people born here. The Irish are the largest immigrant group in Britain. The same applies to Irish people in many other countries. Not only must justice be done but it must be seen to be done if we are to expect Irish people travelling abroad to be treated properly. To do nothing is to be irresponsible.

There will be ugly scenes if, even at this late stage, we do not have a co-ordinated plan to deal with this and that plan must be fair, balanced, sensitive and worthy. There is no plan at present and I believe that is very dangerous. Much work needs to be done to ensure that the host and the immigrant communities, especially those who are here legally, are intermeshed and that the foundations are laid to prevent some of the scenes we have seen elsewhere in Europe, particularly in areas adjacent to central Europe.

I tabled this matter to the Taoiseach but it was passed to the Minister for Justice, Equality and Law Reform. I did not want him to respond to it. I want the Taoiseach to appoint a Minister with overall responsibly for co-ordinating a response across Departments before it is too late and to do so in a fair, sensitive and balanced way.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

I thank Deputy Mitchell for raising this matter. I am anxious to avoid retreading the ground covered by last month's debate on the motion on racism. The Deputy will recall that there was all-party support in the House for that motion.

There are several different types of visitor to our shores and it might be useful to identify some of the more important categories into which non-nationals entering the country fall. First, there are those who come for recreational visits of shorter or longer duration. Their needs are catered for usually by the tourist trade or by the family or friends they have come to visit. If any of those people are unfortunate enough to become the victims of crime, they can avail of the tourist victim support service. This is a unique national service, co-ordinated from Garda DMA Headquarters in offices provided by the Garda authorities and the Department of Justice, Equality and Law Reform.

A substantial number of people come to Ireland for study purposes. Their primary need is the provision of the desired course of education, and that is catered for by the educational institution in question. Where there is a special vocational element involved, as for instance doctors who come for postgraduate study and experience, the relevant professional bodies are also involved.

Many people come to learn English. The Advisory Council for English Language Schools, on which my Department is represented, is the body charged with the setting and maintenance of standards in this important academic and economic sphere. Then we have those who can properly be classed as economic migrants to the State. These fall into two categories. First are nationals of European Union or European Economic Area states who are here working on the basis of their EC Treaty rights or other international agreements.

There are also nationals of other states who come here for the purpose of employment, who have obtained a work permit in respect of that employment and who comply with our admission and residence laws as they apply to non-nationals generally. Such persons are admitted to the State on the understanding that they will not become a burden on the State. Historically, because of their relatively small numbers, there has not been a perceived need to cater specially for the needs of such migrants who can avail themselves as the need arises, and as their entitlements or resources permit, of the various services available both in the public and private sectors.

I turn now to those who come to Ireland seeking to be recognised as refugees. I suspect this is the category to which Deputy Mitchell's Adjournment request is devoted, so these will turn out to be genuinely in need of the protection of this State. I reiterate what I said in the racism debate: those who are found to be in need of protection will get it. I spoke at length then and on previous occasions of the imminent putting in place of a one-stop-shop to cater for the needs of asylum seekers in a co-ordinated way while their claims are being assessed. At the end of the process, those who are found to be in need of protection in the State are of course permitted to remain here.

At present, the Refugee Agency has the remit of providing a co-ordinated response to the requirements of those who have been given protection in Ireland under specific Government approved programmes. All persons recognised as refugees in the State are, of course, entitled to work, engage in business, have access to education and training and receive health care and social services in the same way as Irish citizens. As will be apparent from what I have said, there are a number of different types of immigrant and their needs will differ. I am not convinced it would be wise to attempt what the Deputy suggests——

Mr. G. Mitchell:

When somebody is killed we will do something about it and then I will remind the Minister of this debate.

Mr. O'Donoghue:

——namely, to take away a range of responsibilities from Ministers who, together with their Departments, have competence in these areas and allocate them to a separate Minister. My fear would be that such a change could have a negative impact on how the needs of the various categories of immigrant are met. This is not to say there is no need for effective interdepartmental co-ordination in relation to immigration and asylum issues. Of course there is, and appropriate co-ordination is already taking place.

Before I conclude, there is one particular point I would like to make. One factor which would contribute towards the emergence of racial tension here is the confusion which currently exists on the subject of illegal immigration, in particular, confusion concerning the distinction between an illegal immigrant and a refugee. The distinction has wide recognition internationally. An illegal immigrant is a person who enters the State in breach of the law, that is, without having satisfied the requirements of immigration law as to possession of passport, visa and the like or who, having been given permission to enter on certain conditions, for a certain purpose or duration of stay, breaches those conditions. Such person is liable to be removed from the State.

A proportion of those who enter or overstay illegally then seek asylum. In fact 98 per cent of those who claimed asylum in the past two years did so having entered the State illegally. After detailed examination of the claim of an asylum seeker, a decision is made as to whether that person is a refugee. A refugee is defined in Irish law at section 2 of the Refugee Act, 1996 — this is among the sections of that Act which I brought into effect at the end of August last year — as a person who has a well founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, and as a result of that fear cannot avail himself or herself of the protection of the country of origin. Asylum seekers who are found to meet this definition are deserving of the protection of the State and will get it. As regards those who claim to meet this definition but do not, and for whom there are no special reasons they should be allowed to remain in the State, we are justified in following the internationally accepted practice of requiring the parties concerned to leave. If we failed to do so and simply allowed immigration to take place on an illegal and haphazard basis, it would serve neither the interests of immigrants nor our own society.

Two final points are worth stressing. First, the United Nations High Commissioner for Refugees has a supervisory role under the UN Convention on Refugees. Second, contrary to speculation, all applicants for refugee status have access to an independent appeals system.