This is my first occasion to address the House as Minister of State. I am pleased to be back with old friends from my days in the Seanad. I hope to deal with many issues relating to my Department in the House. Unfortunately, the Minister is unable to be present because of a family bereavement.
I am glad to contribute to this important debate. I will deal first with the Refugee Act, 1996, and explain why, as set out in amendment No. 1, no further implementation of the Act is possible due to the present High Court injunction.
At the core of the Act is the existence of a Refugee Applications Commissioner. The Act provides that the Minister cannot make a declaration that a person is a refugee under section 17 except on foot of an investigation and recommendation by the commissioner. An application for asylum is expressed in the Act in terms of an "application for a declaration" under section 17, so a person cannot apply under the Act to be recognised as a refugee unless there is a commissioner in place. It is clear, then, that for all of the Act to be commenced from a current date, without having a Refugee Applications Commissioner in place would effectively put on hold all applications for asylum. We would have a statutory procedure in place which would have the effect of preventing the processing of asylum applications. Nobody wants that. I am unable to go into the detail of the litigation in question because the mater is sub judice.
The Government has been in office for four months. In the three months before it was appointed the number of new applicants for asylum had been averaging over 100 per week. There were between 2,500 and 3,000 applications on hand. Almost 2,000 of those had been made in the first half of 1997. No interviews were being conducted and the handful of staff dedicated to processing asylum applications were stretched to the limit simply registering the personal details of the new applicants. It was clear that there was a serious and growing problem.
On his appointment as Minister for Justice, Equality and Law Reform, Deputy O'Donoghue commenced an immediate review of arrangements. Within a few weeks he was satisfied that resources, both in terms of staff numbers and basic facilities, were inadequate to deal with the situation. He therefore sought and obtained Government approval for additional staff to be appointed to his Department and for new premises to be obtained.
A dispute about payment of legal fees, which had prevented appeals against refusal of refugee status from being dealt with for almost three years, was resolved several days before the Government took office. The Minister arranged for appeal hearings to recommence on 12 August. Resolution of this dispute means that it is now possible to bring to finality the processing of appeals against a finding that an individual has no entitlement to refugee status.
The staff dealing with asylum work has more than doubled since the Minister took office and recruitment of additional staff is in hand. They have started a targeted programme of interviewing asylum seekers designed to make the most effective use of the still limited resources. The process of recruiting a further 70 or so staff is under way. As they are appointed, the new staff will be trained in asylum law and practice, interviewing techniques and other skills which are necessary to process the asylum claims. UNHCR has undertaken to provide every assistance in this training programme.
It was obvious to the Minister that we would have to provide badly needed additional space for the persons involved in processing asylum applications and better conditions for asylum seekers to present their cases. Recent publicity has served to highlight that matter. A visit to my Department on a daily basis will show the need to address this issue.
The aim is also to provide space in the same building for community welfare officers from the Eastern Health Board who are involved in providing the support payments to which those who seek asylum are entitled, and for other State agencies involved in providing services — a "one-stop shop" in effect. In the past few days, the Office of Public Works has completed legal formalities for the acquisition of new accommodation. Work on fitting it out, estimated to cost £2.5 million, has commenced. It should be ready for use in February. The building will also accommodate the member of the staff of the UNHCR, posted to Dublin at the Minister's suggestion. To explain this fully, it is best to put the role of the UNHCR in proper context. The United Nations High Commissioner for Refugees is the custodian internationally of the 1951 UN Convention relating to the Status of Refugees, known as the Geneva Convention, and its related Protocol. The UNHCR's concerns with Ireland are looked after by a representative accredited to Ireland and the United Kingdom, who is based in London.
Until recent times Ireland had a very small number of asylum seekers — running until the early 1990s to between 30 and 50 a year. Arrangements for dealing with these cases were formalised with the UNHCR in 1985. One element of those arrangements was that the UNHCR would give an assessment before the Minister made a decision in each case. This arrangement worked satisfactorily until 1994 when the annual number of asylum applications rose for the first time above 100; there were 362 applications that year. The UNHCR did not have the staff available to fulfil its role under the 1985 arrangements. Earlier this year, the UNHCR took on temporary staff, with the aid of a subvention from the State, to clear a block of cases which had been processed up to the assessment stage by the Department.
It is clear, however, to both the UNHCR and the Minister that this arrangement is no longer workable due to the huge increase in the number applying and that a new approach is necessary to deal with the backlog of approximately 3,500 applications that has built up over the last two years. It was always the intention that the Refugee Act would replace the 1985 arrangements in any event; the Act would have relieved the UNHCR of its role. The Department has been engaged in detailed discussions with the UNHCR representative since July with a view to arriving at a new set of administrative procedures better suited to the scale of the problems now facing Ireland in the asylum area. The Minister wants to place on record his appreciation of the advice and assistance given by the UNHCR in this matter and, especially as part of that assistance, the acceptance by the UNHCR of his offer of funding for the placement of one if its staff in Dublin for the next 12 months or so to assist the Department in dealing with the situation.
I will not pre-empt the outcome of those discussions which are ongoing; in fact, the most recent meeting took place on Monday. However, it is safe to say two things in relation to whatever procedure emerges from these discussions. One is that each case will generally be assessed by State employed staff — with the appropriate training — rather than by the UNHCR as at present. This is a development that the Refugee Act envisages in any event and will bring Ireland into line with other countries' asylum processes.
The other likely feature is that the UNHCR will have a continuing role, albeit more wide ranging and general than hitherto, in the Irish asylum process. I cannot emphasise too strongly how important it is that Ireland's asylum procedures should continue to have the confidence of the UNHCR. That confidence is the guarantee that those in need of protection, in fear of persecution in their own countries, need to assure themselves that their cases will get a fair hearing in Ireland.
The UNHCR, as a worldwide organisation, brings an important dimension of understanding to bear on all aspects of the asylum process. The most recent public statement was in Prague last week during a meeting of Ministers of 33 European countries and eight international organisations to discuss measures to prevent illegal immigration. The Minister for Justice, Equality and Law Reform also attended. In his contribution, the UNHCR representative stressed his organisation's concern "that the intentional misuse of asylum procedures be discouraged". He said:
Indeed, a number of migrants seeking employment, rather than protection from persecution and violence, circumvent legal immigration regulations and request asylum. . . For many would-be immigrants, asylum procedures seem to offer a chance to secure admission which they would not otherwise have. Attempts by people with no valid claim to international protection take advantage of asylum procedures and create serious problems by clogging those procedures. Moreover, such claims have greatly contributed to the confusion between refugees and illegal migrants and, in turn, reflected negatively on the asylum institution and, hence, on bona fide refugees.
The representative continued:
Another concern for States and the UNHCR alike is the phenomenon of asylum seekers who leave countries in which they have found or could have found protection in order to seek asylum elsewhere. Movements of this kind have a destabilising effect on international efforts aimed at finding durable solutions for refugees.
He welcomed solutions like the Dublin Convention, which came into effect recently, for Ireland and other EU states as a means of discouraging irregular movements of people while at the same time ensuring that asylum claims will get a proper hearing. He went on to deal with the ability of states to address the issue of the return of rejected asylum seekers to their countries of origin as a contribution to "preserving the quality of asylum".
The concluding recommendations of that conference have been placed in the Oireachtas Library for the information of Members of both Houses. It is clear from those recommendations, which were adopted unanimously, that the problem of illegal migration is widespread. It is also clear that this country, which for a long time was largely free of this phenomenon because of its geography and economy, is now experiencing some of the pressures our partners in Europe have experienced for many years. What has happened in Ireland is a manifestation of worldwide economic migration pressures which are fuelled and facilitated by an extensive network of shadowy figures who profit from the illusions of the less well off without regard for their well being, the health of the economies which they are leaving or the effect on the destination countries.
As the amendment to the motion points out, the number detected trying to enter the State illegally this year so far is three times what it was for the same period last year. Earlier this year it became apparent that a large number of persons not entitled to enter the State were in fact abusing our common travel area arrangements to enter illegally from the UK. In order to deal with this growing and serious problem, the aliens orders were amended to enable immigration officers to carry out checks on arrivals from the UK. The effect of the measure is to introduce into Irish law a requirement that non-EU nationals seeking to enter Ireland from Britain or Northern Ireland must meet the same entry requirements as non-EU nationals seeking to enter Ireland from any other part of the world.
In accordance with the statutory provisions, an immigration officer may refuse leave to land to a non-national who, for example, is not in possession of a valid passport or some other document establishing his or her nationality or identity or who does not have a valid Irish visa where required. I emphasise that the immigration officers are implementing the law and ensuring that those who come into Ireland do so lawfully. People are refused leave to land because they do not meet the requirements of our law.
In the nature of such checks, people who are entitled to use the CTA arrangements, as well as those not entitled to use them, will on occasion be asked by immigration officers who are members of the Garda Síochána to offer evidence of identification in order to establish whether they are entitled to enter the country. The Garda authorities have been asked to ensure that immigration officers exercising these powers do so in a discreet and courteous way and to ensure that those who are questioned and are entitled to enter the country are thanked for their co-operation. While recognising the difficulties involved for immigration officers in carrying out the important task of dealing with a serious problem of illegal immigration, the Minister is concerned generally to ensure that there should be no occasion where the controls would be exercised in a discriminatory fashion or without an acceptable level of courtesy.
We must acknowledge with regret the existence of organised networks of traffickers in humans. This traffic is estimated by the International Organisation for Migration to be worth about US$7 billion a year to the traffickers. There are high skill levels available to those networks, covering all the areas necessary to maintain this trade. They produce exceptionally high quality forged and falsified passports and other travel documents and show a high level of awareness of weak spots in immigration controls. As the rest of Europe strengthens its immigration controls, the pressure has now come on Ireland. We need now to look at our own laws in this area to establish what measures we need to have in place to combat this exploitative trade in humans and to ensure that immigration policy can be formulated and implemented in an orderly fashion.
The Minister is conducting a thorough review of our situation, especially when compared to other European states. The Government amendment to this motion refers to European Year Against Racism 1997 and asks the House to note that our Department, together with other Departments and NGOs, participate in the national co-ordinating committee for the European year. This special Year Against Racism arose out of a resolution of the EU Council of Ministers. Its purpose is to raise awareness of the threat of racism; provide a catalyst for change; promote partnership in the broader sense of the word; provide an opportunity for exchange of experience and good practice; support innovative initiatives in this area and give political encouragement to continue European Union action against racism.
In designating 1997 as the Year Against Racism, the European Council recognised that racism is diametrically opposed to everything that Europe stands for in terms of democracy, tolerance and respect for human dignity and fundamental freedoms. I should add that the Council resolution refers not only to racism but also to xenophobia, that is, hatred of foreigners, and anti-Semitism.
The resolution called on member states to appoint a national co-ordinating committee to oversee activities for the year. A representative of the NGO sector was appointed to chair Ireland's committee. I welcome this approach and the fact that the committee is functioning as a partnership between Departments and NGOs. The profile of the Year Against Racism was further boosted in Ireland by the support of the former President Mary Robinson, who officiated at the opening ceremony. An allocation of £100,000 was made available by our Department for the year and this is being used to support a variety of initiatives and activities.
In trying to spread the anti-racism message, we must endeavour to develop in our young people particularly, as the citizens of the future, a respect for the fundamental equality of all human beings. For this reason, I was very pleased to participate recently with the Minister for Education and Science, Deputy Martin, in the launch of an education pack developed under the auspices of the national co-ordinating committee for use in schools and by youth leaders. Tomorrow, 23 October, was designated as Schools Against Racism Day. The education pack also outlines an awards scheme to recognise schools and clubs which participate in certain activities. A copy of the pack has been sent to almost every primary and post primary school and youth centre in the State.
Another worthwhile initiative developed by the national co-ordinating committee, which I launched in Galway last July, is the media awards. There will be five categories of award which will be presented to journalists and photo-journalists who have made a significant contribution during 1997 to highlighting racism, anti-racism measures and the promotion of cultural diversity in Ireland.
The Senators who tabled the motion are obviously concerned that there should be accurate reporting of issues relating to refugees, immigrants and asylum seekers so that racism and xenophobia are not encouraged. As evidenced by the Government amendment, I share the concern that reporting of all of these issues should be balanced, accurate and responsible. This, too, is the idea behind the media awards. I am pleased to say the Minister recently approved a number of small grants totalling over £12,000 for small scale initiatives, often at a local level, linked to the aims of the Year Against Racism. Again, that is a worthwhile move because this message needs to be articulated locally just as much as at national level.
I also remind Senators of the Minister's intention to proceed with the redrafting of the Equal Status Bill which was struck down as unconstitutional by the Supreme Court earlier this year. This Bill will deal with discrimination on a number of grounds including race, colour, nationality and national or ethnic origin. It has the potential to give considerable protection to persons who are the victims of racial discrimination and will also, I am confident, contribute to changing attitudes towards the various minorities in our society. The Bill is also necessary to enable Ireland to ratify the International Convention on the Elimination of all Forms of Racial Discrimination.
Ireland has historically been a relatively homogeneous society. That appears to be changing. With our economic success, more non-nationals, including EU citizens, will wish to live and work here. Also, the eventual enlargement of the EU will add to diversity here in Ireland. That is why I support measures to combat racism and xenophobia, including legislative measures. I particularly welcome the new provision in the Treaty of Amsterdam, Article 6a, which gives the European Union competence for the first time to take action to combat discrimination on a number of grounds including racial or ethnic origin. The Community has up to now been hampered by its inability to legislate on this matter and has had to confine itself to measures such as resolutions and declarations which are not legally binding. The power in Article 6a has the potential to bring about a common European regime against racial discrimination.
The Minister is satisfied that the measures I have described, taken together, will bring about an improvement in the position regarding asylum in particular, not only in fairness to those who have applied for refugee status who are entitled to a speedy decision but also to the taxpayer who must support applicants and their families while a decision is pending. The Minister's review of the situation regarding non-nationals will, I am sure, lead to a policy which can be implemented in a fair and transparent way. I thank the Senators for raising these important issues and giving me the opportunity to bring them up to date on developments in this increasingly important area of Irish life. I commend the amendment to the House.
