I move:
That it be an instruction to the Select Committee on Justice, Equality, Defence and Women's Rights in the case of the Illegal Immigrants (Trafficking) Bill, 1999, that it has power to make provisions to amend and extend the law relating to refugees and asylum seekers provided for in the Refugee Act, 1996, in the Immigration Act, 1999, and matters connected thereto.
This is a procedural motion, the purpose of which is to enable the Dáil Committee on Justice, Equality, Defence and Women's Rights to debate the substance of a number of amendments to the Illegal Immigrants (Trafficking) Bill which I have tabled on behalf of the Government. That Bill is an important part of my overall strategy for bringing Ireland's immigration and asylum laws up to a modern standard capable of dealing with the issues that present themselves in today's world. My commitment to that strategy has been demonstrated already by the Immigration Act, 1999, which exemplified the strategy in a number of significant respects.
That Act, for the first time in Irish statute law, set out clearly in legislative form the principles and procedures governing an aspect of the State's relations with non-nationals. The Act dealt with the procedures for removal of non-nationals from the State. The immigration and residence Bill, which is being developed within my Department, will take the same clear approach to all other aspects of the manner in which the State deals with non-nationals, including the issue of visas, procedures for entry into the State and the grant and renewal of residence permits. I aim to bring detailed proposals for this major legislation to Government as soon as possible this year. My aim is that this comprehensive legislation will provide a modern framework of principle and procedures for the development and implementation of immigration policies which will meet the needs of Irish society and respect the humanity of those who seek to come to our shores.
That Act also made the necessary changes to the Refugee Act, 1996, to make it workable. I am pleased to report that the process of implementing that Act is well advanced. The competition for the post of refugee applications commissioner is already under way and the recruitment process for the chair and ordinary members of the refugee appeals tribunal will also commence shortly. The necessary regulations are also well advanced. I can tell the House that I recently made a commencement order bringing into effect the bulk of the amendments to the Refugee Act made by way of the Immigration Act, 1999, and as soon as the recruitment processes are complete, which I expect will be around Easter, I will be able to commence the Refugee Act itself.
In the meantime, I am taking advantage of the opportunity offered by the Illegal Immigrants (Trafficking) Bill to bring forward now, in advance of the major comprehensive Bill, provision for some refinement of aspects of immigration and asylum law. This is the context in which the amendments in my name to the trafficking Bill propose new sections 4 and 7 on the second list of amendments, circulated by the Bills Office to Deputies on 9 February 1999.
I have no desire to abuse the good order of the House by going into detail on the substance of these amendments in this procedural debate. The amendment relating to the Refugee Act will facilitate the smooth coming into operation of that Act and, in particular, the recruitment process for the chairperson and other members of the refugee appeals tribunal.
The amendment dealing with judicial review is aimed at providing for the first time a statutory code for the courts to deal with applications for judicial review of decisions in the deportation process, including where the deportation in question arises from the asylum process. Judicial review by the courts of administrative acts such as these is one of the fundamentals of our system of law and my proposals are designed to ensure the procedures are streamlined consistent with the administration of justice.
When the issue is debated most Deputies will agree that it does not make any sense under the present rules to allow a person who is, for example, the subject of a deportation order, three months within which to apply for leave to apply for judicial review. That period is out of line with reality.
Deportation orders normally require the person named to leave the State within 14 days. In line with that, the amendment I propose will shorten the period for seeking leave to apply for judicial review to 14 days. Doubtless some will say the period is too short, but I would remind Deputies that a person who is the subject of a deportation order will likely have availed of every system of appeal that exists prior to the order being made, while an unsuccessful asylum applicant will already, if he or she wishes, have had the benefit of legal aid. The legal aid service will already be familiar with the case, sufficient to enable it give early aid and advice on the question of judicial review.
The procedure in the amendment that I propose will ensure that the rights of all concerned in cases of this type are vindicated without undue delay, and that includes ensuring that court time is not unduly spent on applications for judicial review which do not have a substantial basis. Contrary to comment outside the House in recent days, the proposal has no bearing on questions of detention, which are protected by the habeas corpus provisions of Article 40 of the Constitution and which no statute law could seek to compromise.
The place to discuss these amendments is in the Select Committee on Justice, Equality, Defence and Women's Rights. I look forward to a stimulating debate there as soon as that can be arranged and I urge the House to accept this procedural motion to enable that debate take place.
