I move:
That leave be granted to introduce a Bill entitled an Act to provide for the establishment of a scheme to enable certain foreign nationals whose presence within the State is other than in accordance with a permission granted by or on behalf of the Minister to apply for and earn permission to remain within the State; to manage the implementation of such scheme, and to provide for matters connected therewith.
Members will be aware of the position of the undocumented Irish in the US and many Members of both Houses have made careers out of campaigning on behalf of them. That is all very well and it is an activity that all of us support but, equally, a significant community of people in this country are categorised as undocumented. It is a reality to which we, as legislators and as a society, must face up.
People become undocumented in Ireland for many reasons but they can be categorised as visa overstayers. They are undocumented and unaccounted for by the State. They enter the State on student or holiday visas or work permits and they overstay their permission to remain here. It is estimated that there are 30,000 undocumented migrants, including children. By virtue of the children's referendum, these children do not have any status in this country and they will face many challenges when they seek to leave the schooling system. It is estimated that 90% of the 30,000 undocumented are working and one third of them pay tax and PRSI and contribute to the Exchequer but, unfortunately, the remaining two thirds work in the shadow or grey economy. That puts them in a vulnerable position. Many of them are paid less than the minimum wage and this also has the effect of suppressing official wage rates. Research has shown that the majority of these people work in the restaurant and catering industry, cleaning and maintenance sectors and as domestic workers. The vast majority are Filipino, Chinese, Mauritian, Brazilian and Pakistani.
The proposed scheme will not result in an amnesty. The legislation provides for a six month window during which people will be allowed to apply for entry to the scheme. Once people present with an application and can demonstrate that they have been in the State for more than 24 months, they can be accepted under the scheme. When they are accepted, they will be given permission to reside and work in the State for one year. That permission will be renewable annually for a four year period and over the five years of the scheme, applicants will have to earn a number of credits under different categories, including language proficiency, contribution to the State and payment of their obligations in tax, PRSI and USC. Once they have demonstrated that they have reached a credit threshold, they will be granted a long-term permission to stay. It is significant that once they are regularised, they will be allowed to function more normally within the economy. Hopefully, the vast majority of them will move from the shadow economy into the official economy and contribute properly, which will have a significant upside for the economy.
There are also strong humanitarian grounds for regularising them. According to testimony from undocumented migrants, they find themselves trapped. They can leave the State but if they do, they will be unable to return. They work here to support and educate their families in their native countries and they miss significant family events such as funerals and marriages and milestones in their children's lives.
It makes strong economic sense to introduce a scheme such as this. It is estimated it would yield the Exchequer almost €18 million per annum. There would also be a significant upside to bringing most of these people out of the shadow economy into the official economy. It would also prevent mass deportations, particularly since many of these people have put down roots here.
The options the Government has regarding this cohort of people is to do nothing, which is what it is doing; enter into a programme of mass deportations, which would not be socially acceptable and would be financially prohibitive or impractical; or to deal with the issue by regularising those who are working and have put down significant roots in every community throughout the country. This is the right thing to do and I hope the Government will give the Bill a fair hearing on Second Stage with a view to its progression.
