Denis Naughten
Question:77 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will introduce legislation to replace the Aliens Act, 1935; and if so, the reasons for the delay in publishing such legislation. [3246/01]
Written Answers. - Aliens Legislation.
Alan Shatter
Question:143 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if it is intended to introduce legislation to replace the Aliens Act, 1935; and the reasons for the delay in publishing such legislation. [2986/01]
I propose to take Questions Nos. 77 and 143 together.
I confirm, as indicated in the Government legislation programme as announced by the Chief Whip on 25 January 2001, that the heads of a Bill to replace the Aliens Act, 1935, are in course of being developed in my Department. It is the policy of this Government that the new law addressing the dealings between non-nationals and the State should reflect contemporary values and realities, and be applied fairly, justly and humanely. It will provide a solid legislative framework setting out core values and principles within which fair and sensible immigration policies to meet the changing needs of Irish society will be developed and implemented. It will deal with, for example, pre-entry procedures, entry conditions and procedures and residence requirements. The legislation will, in effect, represent the first ever fundamental review of the State's principal legislative measure in the immigration area and will take into account best international practice in the area including developments at the EU level.
The proposed legislation is a key element of this Government's legislative programme and of its overall strategy in the area of immigration and asylum. The development of this legislation is a complex and difficult matter. In further development of my proposals for the legislation I propose to engage in a wide consultation process with relevant interests.
The Immigration and Residence Bill forms part of a wide programme of reform of our immigration and asylum laws and their enforcement. My Department is, in addition, preparing for early publication the Immigration (Carriers' Liability) Bill. It will tackle the problem of improperly documented non-nationals arriving in the State by requiring carriers to ensure that passengers presented by them for entry into the State have a current valid passport or other acceptable form of national identity document and, where necessary, a current valid visa.
The measures I have mentioned will add considerably to the code of law that now exists by way of the Immigration Act, 1999, which amended the Refugee Act, 1996, to make that Act workable. Apart from the commencement orders themselves, seven sets of Statutory Instruments were made by me to give detailed effect to the Refugee Act as amended. The Act is now fully operational, and the offices of the Refugee Applications Commissioner and an independent appeals body, the Refugee Appeals Tribunal, have been created following on my initiatives in that legislation. The Illegal Immigrants (Trafficking) Act, 2000, is also part of the code of law that I have initiated as Minister. It criminalises the cruel trade of trafficking in human beings. In addition, it provides for a statute-based scheme of judicial review for asylum and immigration cases.
These primary pieces of legislation have been the subject of extensive and protracted debate in this House and the Seanad as well as in other public fora including, in the case of the Illegal Immigrants (Trafficking) Act, an examination by the Supreme Court of the constitutionality of certain of its provisions. It is my intention to progress all new measures, including the Immigration and Residence Bill, as quickly as possible consistent with the need for proper consultation and examination of the complex technical and legal issues.