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Dáil Éireann díospóireacht -
Wednesday, 23 May 2001

Vol. 536 No. 6

Written Answers. - Asylum Applications

Enda Kenny

Ceist:

79 Mr. Kenny asked the Minister for Justice, Equality and Law Reform his views on whether the manner in which he has dealt with asylum seekers has contributed to the growth of racism; and the action he proposes to take to implement the proposals of Amnesty International to tackle the problems of racism. [15100/01]

Alan Shatter

Ceist:

197 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the action he proposes to take to implement the recently widely publicised proposals of Amnesty International to tackle the problems of racism. [15141/01]

I propose to take Questions Nos. 79 and 197 together.

I refute any contention that the manner in which I have dealt with asylum seekers has contributed to the growth of racism.

In accordance with our international obligations as a signatory to the 1951 UN Convention relating to the Status of Refugees as amended by the 1967 New York Protocol, the Government is committed to ensuring that asylum applications are processed speedily, having regard to fairness and due process, so that those who are genuine refugees secure protection with the speed they deserve and that those whose claims are unfounded are identified in an effective, fast and fair manner.

Asylum policy generally is multifaceted and it follows therefore that the formulation of public policy, and its subsequent implementation, requires a substantially different response in the cases of a refugee, an asylum seeker and an illegal immigrant.

It is essential, however, to ensure that those who are found to be genuine refugees are fully integrated and enjoy all of the rights that go with that status and that immigrants generally, irrespective of their status or whether they happen to be here illegally, have their human rights fully respected and are not allowed to become the subject of criminal or racist attack.

While the law makes a legal distinction between a refugee, an asylum seeker and an illegal immigrant, that does not mean that the State is at liberty, in dealing with one category of immigrant, a refugee, to apply the highest international standards but, in dealing with a different category of immigrant, an economic migrant, to apply an inferior standard.
The point in maintaining the legal distinction is to ensure that the definition of a "refugee" which is contained in the 1951 Geneva Convention is not devalued and to maintain the integrity of the arrangements in place to control immigration. Its purpose is not to produce discrimination against any category of immigrant and it is the policy of the Government that all classes of immigrants whether illegal or otherwise will be treated fairly, humanely and in accordance with principles which respect their human dignity.
The recent Amnesty International campaign calls on the Government to enact and enforce anti-racism legislation, to establish an independent monitoring body for racist incidents and attacks, to promote anti-racism training, and to implement an anti-racism public education programme.
The Government has already enacted one of the most comprehensive anti-discrimination codes in Europe. The Employment Equality Act, 1998 and the Equal Status Act, 2000 outlaw racial and religious discrimination in employment, training, accommodation and the supply of goods and services. Moreover the legislation established a free and effective system of enforcement through the Equality Authority and the Director of Equality Investigations.
As regards the monitoring of racist incidents and attacks, the Equality Authority and the Director of Equality Investigations monitor complaints of racial discrimination as part of their remit. The Garda racial and intercultural office is currently working on a definition of a racial crime that takes into account the views of victims in order to facilitate the recording of such incidents by the Garda Síochána. In addition, the National Consultative Committee on Racism and Interculturalism, NCCRI, recently set up a confidential system for reporting of racist incidents by victims.
The NCCRI has for several years organised anti-racism training for public and private bodies. It is surprising that Amnesty International has not referred to the dedicated work in anti-racism training by the NCCRI. The Equality Authority and the Garda racial and intercultural office have also been actively involved in promoting anti-racism training in their respective fields.
There have been positive developments against racism in the school curriculum and in adult education, anti-racist initiatives in the prison service, and support for measures to assist relationships with Travellers, such as the citizen Traveller campaign and for the Traveller mediation service.
Work on the implementation of the anti-racism public awareness programme is under way. The steering group implementing this programme is made up of representatives of community and voluntary groups and ethnic minority groups, most of them active against racism in Ireland for years, the social partners and Departments under an independent chairperson. However, anti-racism awareness is not only a matter for Government, as Amnesty International would seem to imply. Experience elsewhere shows that media campaigns alone have a temporary and limited effect. To change attitudes on the ground requires the combined resources and commitment of all sections of society. It also requires local and community initiatives. For this reason, the high level steering group's first initiative is the launch of a grants scheme for local and community initiatives to combat racism on the ground which was advertised today in the national newspapers.
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