Dáil Éireann Debate, Tuesday - 19 November 2013
536. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if an earned regularisation scheme for undocumented migrants currently living in Ireland, for example, based on a points system, will be included in the Immigration, Residence and Protection Bill. [49513/13]
View answer537. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will bring forward a regularisation scheme for undocumented migrants here similar to the undocumented workers scheme bridging visa that was in place from October to December 2009; if there are other schemes planned to address the plight of the estimated 30,000 so called undocumented individuals, including children and families, who have been in the State for four years or more; and if he will make a statement on the matter. [49514/13]
View answerI propose to take Questions Nos. 536 and 537 together.
I have no plans to introduce any form of earned regularisation scheme, based on a points system or otherwise, in the Immigration, Residence and Protection Bill, nor do I intend to do so on an administrative basis. It is the responsibility of all non EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality and the majority of migrants comply with this condition.
I understand that the programme introduced in 2009 related to a very specific subset of the overall population of illegally present foreign nationals, namely those who had previously held an employment permit but had since, through no fault of their own, become undocumented. It provided, subject to a requirement that each case be considered on its merits, for a short term bridging permission to allow the person to apply for a new employment permit. I also understand that currently where similar cases are presented to the Irish Naturalisation and Immigration Service they are dealt with in the same way as under that programme.
Broad regularisation programmes are problematic. They could give rise to unpredictable and potentially very costly impacts across the full range of public and social services. At EU Level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008 made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual cases. In our case there are also considerations based on maintaining the integrity of the Common Travel Area with the UK which must be taken into account.
Clearly, all illegal migration cases are not the same and must be dealt with on a case by case basis taking account of their individual circumstances. At one end of the scale are those where the person's illegal status is through no fault of their own. However there are also much more egregious instances of immigration abuse, often at considerable expense to the State and it does not follow that such persons should profit from their conduct.
Sometimes case by case consideration will result in a positive outcome for the applicant. However, in other cases this may result in a decision by the Irish authorities, subject to the oversight of our Courts, that the person has to go home. That decision should be respected.
Finally, I should point out that in relation to the estimate given by the Deputy of some 30,000 undocumented migrants in Ireland, and while I have seen the same figure quoted myself, I am unaware of the statistical basis for this figure and accordingly am not in a position either to endorse it or propose an alternative. Illegal migration is inherently extremely difficult to measure.
