Vol. 435 No. 11
9 Ms O'Donnell asked the Tánaiste and Minister for Foreign Affairs if he will make a statement about the progress of negotiations with the United States State Department in relation to the availability of visas for Irish people travelling to the United States; the proposals, if any, he has to seek provisions for Irish passport holders similar to those enjoyed by UK passport holders in relation to travel rights to the USA; and if he will make a statement on the matter.
21 Mr. Allen asked the Tánaiste and Minister for Foreign Affairs if, during his September visit to the United States of America, he raised the situation whereby Irish citizens are discriminated against by the United States authorities in relation to entry requirements into the United States, especially in view of the fact that all EC citizens except Irish, Portuguese and Greek are allowed into the United States without a visa; and if he will make a statement on the matter.
32 Miss Quill asked the Tánaiste and Minister for Foreign Affairs if he will make a statement about the progress of negotiations with the United States State Department in relation to the availability of visas for Irish people travelling to the United States; whether he proposes to seek provisions for Irish passport holders, similar to those enjoyed by UK passport holders in relation to travel rights to the USA; and if he will make a statement on the matter.
49 Miss Harney asked the Tánaiste and Minister for Foreign Affairs if he will make a statement about the progress of negotiations with the United States State Department in relation to the availability of visas for Irish people travelling to the USA; the proposals, if any, he has to seek provisions for Irish passport holders similar to those enjoyed by UK passport holders in relation to travel rights to the USA; and if he will make a statement on the matter.
I propose to take Questions Nos. 9, 21, 32 and 49 together.
The US Immigration Reform and Control Act, 1986, provides for a visa waiver programme under which nationals of countries with relatively low visa refusal and overstay rates are allowed to visit the US for up to 90 days without a visa.
The countries admitted to the programme are designated by the US authorities on the basis of criteria specified in the 1986 Act. These criteria are quite complex. The refusal rate for non-immigrant visa applications in the previous two year period must be less than 2 per cent and less than 2½ per cent in each of the two years. A country may be dropped from the programme if the number of its nationals who were excluded from admission to the US, or withdrew their applications, or violated the terms of admission in the previous year exceeds 2 per cent of those who initially applied.
It is because Ireland has not so far met these criteria that we are not included in the programme. The US authorities are in no doubt as to our strong wish to participate in the programme. I availed of my meetings in Washington this week with the Secretary of State, Mr. Warren Christopher, and with congressional leaders to underline our interest. We will be following up very actively on these discussions during the period ahead and will be exploring every avenue to secure Ireland's inclusion in the programme.
Would the Minister agree that the particular convergence criteria, if I might use the phrase, the 2 per cent limit, cases special difficulties for this country because of the demographic bulge which we have at the moment? Would he indicate whether he has sought from the Americans special consideration in view of our particular difficulties? Also, in view of the requirement for visas in 1994, would he indicate to the House whether he has made any progress with the idea of allowing intending Irish travellers to the United States who fall outside the normal qualifications for a visa to post some kind of performance bond or whatever——
Performance in the United States or at home?
——performance here, so that they can effectively offer some kind of security against their return? Although that might sound like a form of bail, it seems to me that there are many for whom people are willing to go guarantors and in the last analysis the colour of their money may be the only way of differentiating between a genuine guarantee and one which is not.
The precise calculation of the figures is apparently an extremely complex matter. Our difficulty does not lie in our overstay rate, which is apparently very low at present, but in the refusal rate at the Embassy. That remains somewhat above the ceiling established by the 1986 Act. As the House knows from our discussion on this matter some months ago, I raised this at the earliest opportunity with the US administration in view of our absolute confidence that the Irish team were going to qualify, a confidence which was shattered for a period last evening. The Embassy have reacted in a very positive manner and we are getting full co-operation from them. A senior US administration officer, an Assistant Secretary of State from the Department of State, is coming to Dublin next month to examine with the Embassy in Dublin and with ourselves whatever systems may be necessary to ensure we obtain the maximum number of visas. The Deputy has mentioned in the past the question of a bond and that is something that will be considered. In fact, it may be desirable that Members of Parliament offer a bond on behalf of clients they considered are so entitled.
Will the Minister accept that the refusal rate has now fallen below 3 per cent and is very close to the figure stipulated in the United States Act to which he referred? Will he agree also that citizens of the United States coming to Ireland — very often with strong Irish connections — experience great difficulty in settling or finding work here? In that context will he accept that the way to approach this issue is not to seek more visas but rather to seek a bilateral agreement with the United States, entirely eliminating the need for visas, because, as he knows, we are one of just three countries in the European Union who now require visas?
First, I am aware that, as the Deputy said, our refusal rate has been reduced somewhat in recent years and has come quite near the acceptable criteria. Second, in our discussions with the United States administration we will do everything possible to reach the best possible arrangement for Irish citizens who want admission to the United States. Obviously, one prospect is the possibility of the visa waiver programme — if we can qualify for that, that will remove the immediate difficulties — but, in the long term we would hope to get the same entitlements as are available to the rest of the European Union.
I do not know whether the United States issue figures of refusals; my view is that they are very high. Will the Minister agree that practically every person between the ages of 18 and 25 is refused a visa by the United States Embassy in Dublin? Certainly that has been my experience from constituency work.
Would he agree also that a problem which should be raised with the American authorities is the poor information made available to a person who is refused a visa? I agree that we are dealing with a foreign country, that in this case it is foreigners dealing with foreigners, but a person who has bona fide reasons to be given a visa and is refused, is not given reasons by the United States Embassy, the State Department or Government — primarily it is the embassy with which we deal. Would the Minister agree that we should raise that question? I am sure he and every Member had heard of problems in the course of constituency work about this lack of information or, to use a not undiplomatic word "rudeness" in the manner in which people are dealt with at the United States Embassy when raising queries about their visa refusals.
As I said, I encountered as many difficulties over the years as perhaps any other Member.
But not now.
One must be grateful for small mercies, an 18-hour day has some advantages. As the Deputy remarked on the last occasion, the position has improved greatly in relation to the embassy and to the processing of visas. Unfortunately, whether we like it or not, it is a matter for the embassy to decide, on behalf of the United States Administration whom they represent, what information to divulge to visa applicants or, indeed, to Members of the Dáil who inquire on their behalf. Let us hope we can build on the improvements of recent months. I raised the matter as far back as May last with the United States Secretary of State, Mr. Warren Christopher and the matter has been acknowledged in a very receptive manner by the United States Administration. I hope we can develop on that in a constructive manner and, if possible, eliminate problems or certainly minimise them.
Would the Minister agree that, from his knowledge and experience, in many instances there are what I can only describe as ridiculous refusals of visas by the United States Embassy. I should like to give an example. Last week I was approached by a businessman and his son who wish to travel to a conference in Atlanta in January. The father has a visa, but the son who because he is aged under 25 has been refused. That refusal is then taken into account in the statistics which will lead to a refusal rate in excess of 2 per cent. It is ridiculous. In those circumstances will the Minister agree that, in his discussions with the Ambassador about this issue, he will ensure that this 2 per cent refusal rate is not advanced as an excuse for not eliminating the visa requirement altogether, that it just does not make sense?
Again, I can give my opinions and certainly will reflect the reasonable views expressed in this House to the Ambassador and, indeed, to the Administration and the Embassy. Obviously, it is a matter for them, in the context of the United States Immigration, Reform and Control Act, 1986, to decide the criteria for refusals and to decide whether we qualify or not under the visa waiver programme. The position has improved greatly and we should build on that in a constructive way. Over the years serious difficulties have been encountered and absolute frustration caused to Members in relation to their dealings with the United States Embassy and the manner of responses. That has improved significantly and I want to work on that in a constructive way and let all Members do the same. Let us hope we can eliminate as much as possible of the difficulties experienced in the past. Deputy O'Keeffe gave a very reasonable example. I should like to think that if the decision in that case is appealed to the United States Embassy, it would be seen as a genuine application on the part of somebody wanting to attend a conference.
An appeal is being lodged next week.
I can only suggest to Deputy O'Keeffe that if solicitors' efforts fail, he should pass it on to counsel.
I might refer it on to the Minister.
In the Minister's discussions with the Assistant Secretary who will be arriving next month to examine applications for visas, particularly for people wanting to attend football matches, will he stress that the procedures should not be so rigid as to prevent young people, particularly, who might take longer to save the money to travel? They should not be asked to produce a ticket early next year, as part of the qualification conditions? Will he ensure that the conditions are flexible in order to allow the greatest number of young people to avail of these visas?
I hope that Assistant Secretary of State, Miss Mary Ryan, will display imagination, flexibility and determination to assist us in every way possible.
She is not Ryan's Daughter, by any chance?
I hope she is, with a name like that.
She might speak for the Irish football team?
By way of wrapping this up will the Minister say whether, in his negotiations with the United States State Department, any progress has been made about having pre-immigration formalities transferred to Dublin Airport in view of the new approach to cross-Atlantic flights?
That matter was not raised by me in my discussions with the United States Administration.
