Amendments Nos. 97 and 98 are related to amendment No. 96 and may be discussed together. Is that agreed? Agreed.
SECTION 18.
I move amendment No. 96:
In page 20, subsection (4) (a), line 2, to delete "dependant" and substitute "dependent".
Amendment agreed to.
I move amendment No: 97:
In page 20, subsection (4) (b), line 7, to delete "dependant" and substitute "dependent".
Amendment agreed to.
I move amendment No. 98:
In page 20, subsection (4) (b), line 10, to delete "dependant" and substitute "dependent".
Amendment agreed to.
Amendments Nos. 99 and 100 not moved.
I move amendment No. 101:
In page 20, between lines 23 and 24, to insert the following subsection:
"(7) For the purposes of this section, the word ‘refugee' shall be construed as referring to a person to whom permission to remain in the State has been granted pursuant to section 17, subsection (6).".
This amendment aims to extend the provisions of section 18 relating to members of a family of a refugee to a person who is not a refugee but to whom permission to remain in the State has been granted pursuant to section 17 (6).
Humanitarian leave to remain may be granted for a wide range of circumstances and for different periods of time — for instance, six months or an indefinite period. I do not believe it serves any purpose to set out in statutory form any conditions or rights attaching to humanitarian leave. To do so would limit the Minister's flexibility in granting such leave. My main point is that humanitarian leave to remain in the State is granted on a basis which is much broader than the scope of the UN Convention. This has been the practice in Ireland and it has been fairly generously exercised.
I recognise that a person granted humanitarian leave to remain on a long-term basis of, say, five years has been afforded the protection of the State and, as such, I believe that person has a right to enjoy their family life. In such circumstances, the Minister for Justice would be disposed to the granting of family reunification. The best approach to this issue would be to leave the matter to the discretion of the Minister who will have all the facts of any particular case before her. On that basis, I ask the Deputy to withdraw the amendment.
Amendment, by leave, withdrawn.
Section 18, as amended, agreed to.