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Legislative Measures

Dáil Éireann Debate, Thursday - 22 October 2020

Thursday, 22 October 2020

Questions (6, 7)

Mick Barry

Question:

6. Deputy Mick Barry asked the Minister for Justice the date on which the transfer of functions will take place from her Department of matters relating to discrimination in accessing third level education, public services and employment by minors and young persons who were born here or are long-term residents here but who are not Irish, EEA, UK or Swiss citizens; the steps that will be taken following the transfer of functions to ensure access to these services for these persons; and if she will make a statement on the matter. [30629/20]

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Mick Barry

Question:

7. Deputy Mick Barry asked the Minister for Justice if she supports legislative change to ensure that persons born here and-or have been resident here long-term as minors but who are not Irish, EEA, UK or Swiss nationals will be able to access work, third level education and other public services on the same basis as persons with one of those nationalities; if she will review the situation facing these persons; and if she will make a statement on the matter. [32028/20]

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Oral answers (9 contributions)

I thank the Leas-Cheann Comhairle for allowing me to ask my questions now. Question No. 6 is to ask the Minister for Justice the date on which the transfer of functions will take place from her Department of matters relating to discrimination in accessing third level education, public services and employment by minors and young persons who were born here or are long-term residents here but are not Irish, EEA, UK or Swiss citizens and the steps that will be taken following the transfer of functions to ensure access to these services for these persons.

I propose to take Questions Nos. 6 and 7 together.

On 14 October 2020, the Government approved the transfer of functions which has moved responsibility for international protection accommodation, integration and equality to my colleague, the Minister with responsibility for children, equality, disability, integration and youth, with effect from that date. The transfer of functions, therefore, has already taken place. I should clarify, however, that issues such as access to education, public services and employment were not the direct responsibility of my Department before the transfer of functions and they are not the responsibility of my Department following the transfer of functions.

Issues relating to access can be taken up with the Department or agency which has responsibility for providing the service. Of course, a whole-of-government approach is warranted to address the needs of diverse groups and to ensure their equal participation in Irish society. As the Deputy will also be aware, there is a migrant integration strategy in place. Responsibility for this has transferred to the new Department and its implementation will continue to be an absolute priority for my colleague, the Minister with responsibility for children, equality, disability, integration and youth, Deputy O'Gorman, in his new remit in that Department.

Access to these services on the same basis as EEA nationals can be achieved through acquiring Irish citizenship. A minor or young person who has been in the State for five years and who otherwise satisfies the criteria of the Irish Nationality and Citizenship Act 1956 can apply for citizenship through the naturalisation process.

The Government is committed to creating new pathways for long-term undocumented people and their dependants who meet specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and common travel area commitments. This commitment was made in the programme for Government and I intend to follow through on it as Minister. The Government is acutely aware that a number of Irish people face similar challenges abroad and we all know people who are living in the same circumstances in America or other countries and have not been able to go home to see family or friends. This is something we are actively trying to progress outside Ireland as well. I am sympathetic to the circumstances of people who, through no fault of their own, can find themselves in an undocumented position here in Ireland. I am glad to inform the Deputy that the necessary work on this process, in line with the Government commitment, is under way in my Department. This will include an assessment of international best practice and previous regularisation schemes, such as the 2018 student scheme and earlier such schemes, will also be considered in any future policy decisions. I am open to exploring all legal solutions to the issue of children and young people who have grown up here in circumstances where they or their family are undocumented.

My Department has ongoing engagement on this matter with the Migrant Rights Centre Ireland, MRCI, and other NGOs. I welcome the publication last week of the Live Here, Work Here, Belong Here survey by the MRCI of over 1,000 people who are undocumented. What is most striking in the survey is that these people want the same things, including the same access to the same rights, the same ability to educate themselves and their families, to be able to work and to have a sense of security in the country in which many of them have been living for many years. Through this piece of work, their insights will help provide valuable input into my Department’s policy formulation. I look forward to continued engagement with the MRCI and other organisations over the coming months as my officials and I work to deliver the programme for Government commitment.

I want to focus on a particular issue. Since 2005, following the passage of the racist 2004 citizenship referendum, people born in this State have not been entitled to Irish citizenship unless their parents belong to one of the categories we mentioned earlier and are not from outside the EU or whatever. Those born in 2005 or 2006 are now 14 or 15 years old and are knocking on the door of school-leaving age and the world of employment. The Tánaiste wrote to me to clarify that these people would have to apply for a work permit in the country in which they were born and have grown up. I ask the Minister to address the issue of people who were born in this country having to apply for work permits in the next few years, unless the situation is resolved. What is intended to be done about that?

As the Deputy has rightly outlined, this issue was addressed following a referendum of the Irish people. Every person who was suitable and of age to vote was entitled to vote in this referendum. The twenty-seventh amendment to the Constitution changed the position regarding entitlement to Irish citizenship and as a result, section 6 of the Irish Nationality and Citizenship Act 1956 was amended by the Irish Nationality and Citizenship Act 2004. These changes came into effect on 1 January 2005 and as of that date, a person born on the island of Ireland is not entitled to be an Irish citizen unless that person's parents have been resident in the island of Ireland for a total of three years during the four years preceding that person's birth.

The Deputy may be aware of this but it is important to point out that no EU member state grants automatic and unconditional citizenship to children who are born in the country or its territories to foreign citizens. This is not something on which we are an outlier. It is very much the case in all member states. There have been previous proposals to change legislation but any changes in that regard would have to be carefully considered and there would have to be significant consultation across a number of Departments. It is open to individuals to apply for citizenship after that five-year period, so if somebody has been here for ten or 12 years, that option is open to them and I encourage anyone in that position to do so.

It is estimated that there are between 15,000 and 17,000 undocumented persons living in this State. I want their voices to be heard in the Chamber. I will read a few quotes from a report by the Migrants Rights Centre Ireland. A chap whose name was "Billy" - that is not his real name - said:

To get my papers ... would be a dream come true. I won’t have to worry every time there is a knock at the door. I’ll finally feel safe in my home.

A woman called Dottymore said:

Sometimes when I am at the bus stop a group have directed racial insults towards me and thrown things at me whilst laughing. If I got my status I would be able to report this safely.

Zeinab stated:

Sometimes I am not paid the full amount, other times I am not paid at all. If I had my status I could stand up to this.

The position of the Department is to deal with applications on a case-by-case basis. There is a shortage of staffing in the Department and there are huge delays. We are talking about the lives of 15,000 to 17,000 people who are living and contributing in this society. Will the Minister consider changing her mind on this issue and granting papers en masse for those people?

I genuinely understand this issue and have met many of the people who are undocumented in this country. I met the MRCI recently and spoke to one such individual who has not seen his family in many years. I understand how difficult this is. I personally know people who are living outside Ireland and are in a similar situation. That is why we have committed in the programme for Government to setting out a scheme for undocumented people within 18 months of the formation of the Government. By the end of this year, which is only just over two months away, I will have a report on this matter, having engaged with various groups and organisations and having looked at various schemes that previously existed, some of which I mentioned in my initial answer. Based on that, hopefully by the end of next year we will have set out a scheme and pathway for those undocumented people. This is something to which I and this Government are absolutely committed and I reassure those who are in that position that we want them to feel as if this is their home, although they should already feel that way because they have been here for many years. Most important, they should be able to continue going about their daily lives without the fear that they may be deported at any stage and be able to see their families, which many of them have not been able to do in a long time. This is a priority for me and I will absolutely commit to try to address it within the timelines I have just set out.

Does Deputy McNamara want to ask his question now?

I have already asked my question but I want to come in on this particular question. I stress to the Minister that it is not just about those who are undocumented. A huge amount of administration goes on in dealing with people who have been here for such a long time that they are almost inevitably going to be able to stay. It is not just for their benefit but for the benefit of the Department and the broader administration that they be dealt with. It is also important to get papers back to people who are applying for citizenship when they have sent away their passports.

I appreciate that administration is difficult in these times but it is important that people's passports are given back to them. They have applied for an Irish passport because they do not have one, so they need the passport that they have to be able to travel.

I agree with the Deputy. If somebody needs to travel, he or she needs documentation. In my Department, specifically the section dealing with immigration, visas and those types of requests, there is a paper-based system. It is very much behind compared with other Departments, such as my previous Department, the Department of Foreign Affairs, which has an award-winning online system for passport applications. That is where we want to be. We want to move away from the paper-based system to an online system and we have allocated significant funding to try to get to that stage in the budget this year. That will be a significant help, even just with regard to the time that it takes to process all these applications. When there is a lot of paperwork, documents are sometimes unintentionally mislaid. This will, hopefully, take away some of those concerns. I reassure the Deputy and others that this is a priority for me and something my Department is actively working on.

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