Dáil Éireann Debate, Wednesday - 3 November 2004
76 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will consider applying the principle of permanence to underpin Irish immigration policy in order that all immigrants are seen as potentially permanent members of society here and provided with equal rights to Irish persons. [27310/04]
View answerIn answering this question, I must first point out that discussions on immigration are frequently based on the assumption that immigrants are a homogeneous group, all of whom have the same plans or intentions, primarily to stay in Ireland for ever. That is not the case. The majority of people who come through our immigration system are short-term visitors such as tourists or business visitors. Clearly, it would not make sense to talk about such people as potential permanent residents or to subject them to the level of scrutiny which such potential status would require.
Even among those who seek to enter the State for longer-term purposes, many are by their nature temporary visitors to Ireland. Those include a substantial number of students. The usual situation is that after qualification they return to their country of origin. Many of the workers who come to Ireland through the work permit, working visa and work authorisation schemes plan to do so for a short period. They intend, like many Irish people who choose to work abroad, to spend a short period gaining experience or earning money in their host country before returning to their countries of origin. The view that all those people should be regarded as potential permanent members of society here is simplistic and does not recognise the complex nature of migration decisions.
A distinction needs to be made between those who come to the State through the many legal channels available and those who come illegally or abuse the asylum system by claiming to suffer from persecution when they do not. A person who enters the State illegally should not be regarded as a potential permanent resident. It is recognised internationally that, to protect the integrity of asylum systems, an applicant who, after a fair and transparent determination process, is found not to be in need of protection should normally be returned to his or her country of origin, as long as that does not involve sending anyone back to persecution.
I recognise that at present there is no separate status of "long-term resident" or "permanent resident" in the Irish Immigration system. I am considering the issue of long-term residence in the context of the proposed immigration and residence Bill which I intend to publish in 2005. It is open to a non-national who meets certain statutory provisions, including a period of residence which can vary from three to five years, to apply for Irish citizenship through the process of naturalisation. In 2003 alone, 3,580 people made such applications and 3,138 had done so to the end of September 2004.
I accept that immigrants to Ireland are not a homogeneous group, but I suggest that a significant cohort among them wish to make their permanent home in Ireland. Their status is not treated with the maturity that it deserves. In many respects, Irish immigration policy allows immigrants into the country on sufferance. We need a strong and coherent immigration policy. Does the Minister accept that we must examine best practice abroad and bring that into Ireland and that we have been waiting long enough?
Does he accept that, in many respects, immigrants to Ireland are simply treated as second-class citizens? The status, particularly of those on working visas, is like that of indentured servants. They are like slaves in the southern United States 150 or 200 years ago when they were owned by the cotton kings. It is very difficult for those here on working visas to change their job description without simply going to the employer and pleading with them to have the visa changed. They cannot be promoted because their job description would change. In many respects, they are indentured servants.
Does the Minister accept that the criteria for habitual residence are being very strictly enforced and that it is quite difficult for many people coming to Ireland to claim benefits under that rule? Perhaps the Minister might examine best practice abroad in immigration. There are examples in Canada, the US and elsewhere that might well be brought into Ireland. Does he accept that the Government must recognise that giving some groups of people in Irish society fewer rights sows the seeds of racism? Does he accept that it allows to thrive the myths about those coming to Ireland? People ask why they are not working, but they are not allowed to do so.
Surely the Minister must address their status in Irish society. Does he accept that a Minister of State is needed so that a voice might be given to immigrants in Irish society and that the provision of such a junior Minister might allow a focus point to be created for those coming to Ireland? Surely the Minister would accept that a strong and coherent ethical immigration policy is necessary in this country.
I said in my reply that I am preparing an immigration and residence Bill that will deal with such matters and will be published in 2005. I reject as over the top and a wild exaggeration the suggestion that people working in Ireland under the work permits system, whatever its inadequacies, are analogous to slaves owned by the cotton bosses of the southern United States 150 years ago. I reject that fanciful suggestion. I believe that immigration into Ireland for the purpose of working here is not simply something that is inevitable. It is valuable, and this country needs immigrants at the moment. It would not be doing as well either for itself or for its immigrants if it were not willing to accept migrant workers.
In that context, I am not prepared to operate on the basis that I must consider every economic migrant into Ireland a permanent resident. If I go down that road, it would involve putting more obstacles in their way more than anything else. It is much more reasonable to take account of the real diversity of motivations and timeframes that people who migrate to Ireland for economic purposes have. For instance, many nurses come here from the Philippines intent on working for three to five years. Many people come here from eastern Europe intending to work for two or three years and then to rejoin their family after earning a little capital or repatriate their money in the meantime. The notion that I must deal with everyone as if they are going to live here forever is not realistic. However, we can improve residency administration at the moment. It is sometimes difficult for residents if they have to come back repeatedly to get their status validated on an unnecessarily frequent basis. Part of the new legislation and part of the administrative revolution we are planning for immigration and residency in Ireland will involve a much more positive and attractive approach to migrants.
I am not suggesting that everyone who comes to Ireland wishes to stay here permanently. Given the kind of weather we have had in the past two weeks, some people would be half-mad to wish to reside in Ireland permanently.
The Deputy cannot blame me for the weather.
We can try.
Many people nevertheless wish to remain in Ireland and they should be given the chance to become constructive and permanent members of Irish society. The Immigrant Council of Ireland has published an excellent report, Voices of Immigrants. I ask the Minister to consider the recommendations in that report and act on as many of them as he can.
I will. It is great to be a member of a political party which can point to global warming and blame the Government for the weather.
