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Seanad Éireann díospóireacht -
Friday, 14 Dec 2001

Vol. 168 No. 25

Wexford Tragedy: Statements.

I take this opportunity to update Senators on the current position in relation to the shocking events of last weekend when eight unfortunate people were found dead in a container in County Wexford. The deep sadness of the event came home to us earlier this week when it became clear that among the deceased two families had been devastated, with four out of the eight deceased being children, aged four, nine, ten and 16 years. Our deepest sympathy goes to the relatives and friends of the deceased. Our thoughts and best wishes go to the five survivors who are recovering in Wexford General Hospital from this unspeakable ordeal.

All eight deceased have now been identified as Turkish nationals. The five survivors are believed to include three Turkish, one Albanian and one Algerian national. One of the Turkish nationals is a 15 year old boy. A number of relatives of the persons concerned have travelled to Ireland and are being assisted by the authorities at what is a very difficult time for them. It is a priority at this time to ensure the complete recovery of the five survivors and that their needs are catered for. It is important to pay tribute to all in Wexford associated with their care.

The question of asylum or humanitarian leave has been raised. The Minister has already said that when the people concerned are in a position to consider their future, it will be open to them to make such an application. He has made it clear they will receive sympathetic consideration.

The detailed movements of the container were outlined earlier this week. It left Italy loaded with furniture on Friday, 30 November and travelled via Cologne, Germany to Zeebrugge, Belgium, arriving on Tuesday, 4 December. It was loaded onto a ship which departed from Zeebrugge at 6 p.m. that evening. The ship arrived in Bellview Port, Waterford on the evening of Thursday, 6 December. On Friday, 7 December the container was loaded onto a truck and stored overnight at the port. On Saturday, 8 December the truck was driven to Drinagh Business Park, Wexford where the discovery was made shortly after its arrival at 9.10 a.m.

All the indications from the investigation so far are that the people concerned were not attempting to travel to Ireland, but to the United Kingdom, a shorter journey from the port of Zeebrugge. The Garda, including the Garda National Immigration Bureau, is undertaking a major investigation into the matter, involving contacts with the UK, French, Belgian and German authorities. Europol and Interpol have also been involved in the investigation. A lot of progress has been made in recent days. I express gratitude for and acknowledge the full and timely co-operation of all these authorities. A number of persons have been interviewed regarding various stages of the container's journey to Ireland. Particular progress has been made in Belgium with regard to a premises which seems likely to have been used as a staging post as part of the trafficking operation. Charges have already been brought against an individual in Belgium.

This tragedy represents the first such incident in Ireland. Sadly, such occurrences are becoming a familiar feature internationally. On Tuesday a similar tragedy occurred in Italy. We also recall with horror the Dover tragedy of last year when 58 people lost their lives in similar circumstances. This tragedy shows the callous disregard for human life of traffickers and smugglers of human beings. They have no interest in their victims, only in the money they can extort from them. International law and criminal justice systems must target criminals who exploit and abuse the human rights of migrants through human trafficking and smuggling. Any perceived lack of coherence in the approach adopted by border control agencies throughout the European Union serves to encourage rather than deter such activities. In the light of the Dover tragedy last year governments across Europe reaffirmed their commitment to take action to counter those smuggling and trafficking. The Wexford tragedy underlines the need for concerted action across Europe and for continued effective co-operation throughout Europe to combat those who seek to profit from the trade in human beings.

People smuggling and trafficking is an international problem and one country cannot operate alone to successfully combat it. It is clear that these challenges require the building of partnerships at all levels between European states at a policy and operational level. It poses challenges for the European Union, governments and policy makers generally in terms of the vision of Europe that we seek to support through immigration policy.

The United Nations has recognised the involvement of organised criminals in trafficking and smuggling of persons in the Palermo Conven tion Against Transnational Organised Crime, signed at the end of last year. It contained two protocols against migrant smuggling and trafficking. The focus is on criminalising the smugglers and traffickers. The protocols also take proper account of the need to treat migrants humanely and safeguard their human rights, particularly where persons have been the victims of trafficking for exploitation.

Our immigration system must achieve the correct balance in ensuring, on the one hand, the integrity and security of the State and its residents are protected and, on the other, that the rights and interests of immigrants are upheld. In addition, Ireland must afford protection to refugees and fair consideration and care for those claiming protection from persecution while those claims are being determined. The Government's policy regarding asylum and immigration matters is that it is committed to providing protection for refugees and the application of fair procedures in accordance with law to all immigrants, both legal and illegal. We have a fair and balanced asylum system as well as strong legal channels for legal migration in the work permit and working visa scheme. More than 3,000 have availed of these schemes so far this year. By the end of the year it is anticipated that approximately 10,000 persons will have entered the State this year to make asylum applications here.

It is well recognised that our immigration system, like those of our EU partners, is being abused by traffickers and people smugglers. This has implications for the integrity and effectiveness of the asylum system as it operates in Ireland for those genuinely in fear of persecution. However, as a member of the family of civilised nations, we must continue to respect the dignity and human rights of all persons who claim asylum here, irrespective of what the eventual outcome of their claim may be.

It is clear that a policy of control of the external borders alone will not work. There is a need to work with the countries of origin of migrants to try to tackle the root causes of illegal migration. In many cases it is the result of poverty and lack of opportunity in the countries concerned, rather than persecution. There is a need to help those countries to address the issues which give rise to this. There is an onus on the international community to encourage the economic development of countries which are the source of migration and assist them in providing for the needs of their people. The European Union's approach of encouraging partnership with countries of origin as part of its wider migration and asylum policy must be encouraged. Ireland's development aid programme also has a role to play.

Action has been taken to deal with people traffickers and smugglers in Ireland. The Illegal Immigrants (Trafficking) Act, 2000, came into effect on 5 September 2000. The purpose of the Act is to target the profiteer or professional smuggler in human beings by creating an offence of trafficking in illegal immigrants and providing a framework by which those engaging in such smuggling can be dealt with under the law. Under the Act any person who for profit intentionally assists illegal immigrants to enter the State may be punishable by unlimited fines or up to ten years imprisonment or both. The Act covers offences committed outside the State as well as those committed in Ireland.

The Garda National Immigration Bureau established last year has had a focus on countering trafficking and smuggling activity and developed strong operational international liaison which has been evidenced by the progress in this investigation. The first successful prosecution was taken earlier this year and a number of other investigations are pending with as many as 20 cases currently with the Director of Public Prosecutions. The bureau is also deploying at ports around the country equipment to detect the presence of people concealed in vehicles. In addition, earlier this year the Irish Road Haulage Association agreed a voluntary code of practice with the aim of encouraging greater vigilance to ensure covert passengers were not present in vehicles arriving in Ireland.

The lesson we must learn from the tragedy is that we cannot lessen our vigilance in the fight against criminals who exploit vulnerable people. As a member of the European Union, Ireland must and will play a full part in and encourage concerted action at EU level to counter trafficking and smuggling activity internationally. It is also important to acknowledge that large-scale population movements throughout the world have in recent years, and to an extent unknown in the past, become a fact of life. It raises issues of a fundamental nature, not just for this country or for the European Union, but for the world as a whole. These issues need to be addressed seriously and urgently at international level.

We must not pretend there are simple solutions. This is a subject where there are genuine complexities. Arguments that these problems arise because there are not any lawful means of entering the State, that applicants for refugee status do not have their cases heard, that the issue can be dealt with by setting quotas, that trafficking is a side issue and that immigrants do not abuse the system to the detriment of others are just as futile and wrong headed in terms of genuinely finding solutions as is the pretence that legal solutions and law enforcement measures alone will suffice. We need to work seriously and honestly together, not only here, but across the world, to address the underlying causes and attempt to evolve at international level a means of addressing the fact that the large-scale movement of people is now part of reality for all of us.

I am pleased we have the opportunity to discuss this very tragic affair because it allows us to address fundamental issues relating to our immigration laws, the position of migrants and the treatment of asylum seekers. It is regrettable, horrifying and sad that four chil dren died aged four, nine, ten and 16 years. They were vulnerable young people who should have been the responsibility of mature, dutiful adults and should have had a future in European society. It is unfortunate that they came from greater Europe and were the victims of such tragedy. They more than likely travelled from Turkey to Italy, where they boarded a container which travelled through three EU member states, Italy, Germany and Belgium, and arrived here where the discovery was made. It is an indictment, not of us specifically, but of refugee policy throughout the European Union.

The Minister of State acknowledged the lesson to be learned that we cannot lessen our vigilance in the fight against criminals who exploit vulnerable people. I fully concur with her on that point, but I also hope we learn wider lessons and that the Departments of Foreign Affairs and Justice, Equality and Law Reform learn of the need for a common European asylum policy. It is unfortunate that there is no common definition of what constitutes an asylum seeker across EU member states. There is a wide variation in definitions, some of which are quite restrictive, a matter that needs to be resolved. Germany and Austria are adjacent to eastern European countries which are home to serious infringements of human rights, torture and a lack of democracy. I understand the reason they are rather rigid in their approach. However, they are also members of the United Nations and have signed up to a number of conventions, as well as being member states of the European Union. Under the Treaty of Amsterdam they have signed up to a common asylum seekers policy that I hope the Minister will soon implement here.

It is the responsibility of the European Union to address this issue, but the lack of policy and co-ordination at that level leaves a gateway for mafiosi and those of that ilk to illegally traffic persons. The longer that gateway is left open, the more gangs will emerge. It is commendable that Interpol and Europol are addressing the issue with the Garda, but all member states of the European Union must approach this individually, as sovereign states, and as part of the Union and have the moral courage to take on the responsibility of making clear definitions.

The Minister of State referred to the control of borders, but control of borders is never successful because in most cases the people concerned are fleeing very difficult circumstances and in some cases are in fear of their lives. They will do anything to get out of their countries of origin and the idea of preventing them from crossing borders is not reasonable.

Recent policy has been based on a belief that greater border regulation, tighter visa systems, more airport liaison officers to prevent boarding of aircraft and more severe carrier sanctions will control the problem. Despite the introduction of such measures, the number coming continues to increase. An emphasis on control is not the way to solve the problem. Canada and the United States of America have a very good and sophisticated system, the positive elements of which the European Union would do well to examine and implement.

We are a member of a prosperous economic union and have, therefore, a moral responsibility to share the burdens of our fellow human beings and accommodate their needs rather than discriminate against them. It is not so distant in our history that coffin ships left during the Famine containing desperate, fearful people who were prepared to risk boarding those substandard vessels because they knew that if they stayed, they would die. For many there was no life across the sea. We should remember this when negative comments are made about the people who now surface in our communities. We have only to look back to the penal laws to be able to empathise with them. We should take a very strong stand to get the European Union to open its heart and mind to a far greater degree than is the case at present considering the control systems it is putting in place.

There is a lack of transparency in the discussions and negotiations that take place at EU level. Although much of it is not a matter of record, I understand policy in Germany and Austria prevents family reunification. Any person over the age of 14 years does not have the right to be united with their family. That is a serious matter. What does the Government have to state to its German and Austrian counterparts on the subject? If it is true that there is not an automatic right of family unification, particularly in relation to those over 14 years old, there is a fundamental human rights issue to be addressed. Article 41 of the Constitution clearly defines the position of the family and a question may arise of whether it supersedes European Union treaty law. Article 42.1.1º states:

The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

Article 42.1.2º states:

The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

If that is so – and it is – surely we have a duty as a member state to convey that fundamental principle to the European Union. Is it not important that we raise this issue in the course of discussions and actively promote the concept of keeping families together and accommodating them?

There is a need for more consultation in parliamentary discussions at national and European level because it is important the handling of this issue becomes more transparent. It is important we know what position will be taken on our behalf at European level. Our position should be to insist on a legal route being provided for all migrants and asylum seekers, especially those from countries where terrorist regimes and dictatorships are in place. It should be made simple for people to apply and, because they will seek asylum in any event, they should be allowed enter the country and then apply. Despite controls, applications for asylum within the EU have increased in recent years.

There is a need for a common definition of "refugee" and it needs to be as broad and inclusive as possible. For example, France does not entertain applications for asylum from women who have been subject to genital mutilation or other such abuse in their home countries. That is unacceptable and we, as a fellow member state, should say that.

There is a negative trend in attitudes towards the basic principles of human rights in the EU. We, as a member state, should be vigilant in this regard. We should be to the forefront in ensuring this trend does not continue. We should take note of best practice throughout the world and facilitate rather than discriminate. More than 700 children came as asylum seekers to this country last year. While many were 16 or 17, many were also very young. The Minister of State has confirmed that by stating that four of the eight refugees who died in Wexford were children.

I hope the Minister of State and her Department take a strong view and strong action, not just against criminals. The EU is in deficit on this issue and needs to take moral responsibility for it.

This tragedy a week ago shocked the country. While we have seen this happen before in other countries, it is new to Ireland. Like other Members, I sympathise with the families and survivors. It will be very difficult for them to cope with this. The Minister of State said they can remain in the country until their applications have been decided.

I do not know how events such as this happen. The refugees came from Turkey which would be a holiday destination for a good number of Irish people. I do not understand why these people would have been prohibited from leaving that country. It is another matter to try to come to live in Ireland, but if they had passports, surely they would have been entitled to come as far as our borders. Why did they have to hide in a lorry? Now that they have been discovered, their cases will be considered.

In the past hundred years or more, many Irish people went to America. Many of them were illegal immigrants, but they never hid in lorries or anything like that. They went by boat, entered the country and produced their passports or whatever documentation they had which meant the American Government would treat them humanely.

The powers that be in Europe must come together on this. It would make a huge difference if the EU were expanded because many of the countries from which asylum seekers come would be included. It would ease the problem greatly because these people would then be free to travel within the EU. Some who were critical of what happened in Wexford voted against the Nice treaty. If that treaty had been ratified or even if enlargement had taken place by now, it would have greatly eased the problem.

I travel a bit and I know that Croatia has 1,000 miles of coastline. On most days, Italy can be seen at the narrowest points where it is only about 40 miles away. The sea between Italy and Croatia is not tidal. There is no rise or fall of tides and this means it is very safe for small boats or speed boats to cross from Croatia to Italy. Let us imagine that Ireland is in a similar position to Italy. There are thousands of places in Croatia from which people can leave undetected and, as with Italy, there are thousands of places around our coast where people can land undetected.

From my travels I have found that there are stricter controls within the EU than outside it. I had no problem driving from Croatia to Bosnia.

Acting Chairman

We heard about the Senator's travels last night.

I drove to Dubrovnik and into Montenegro. I was hardly ever asked a question or to produce a passport. The controls are very lax.

There is one aspect to this unfortunate case which I do not understand. Like other Members, I have received requests from foreign doctors working in hospitals in this country to help them bring over their wives and families. It appears in the case of the Turkish people in Wexford that half their families already lived in England and that they were supposed to go to them. I do not understand in that context why the people had to hide in the back of a lorry. Surely they were entitled, if not to stay in England, at least to visit their families. It appears one man lost his wife and children while a husband and wife also died. Their relatives were already in England and have come here to visit. I would hope that if there are people living here they are legally entitled to so. I do not care what part of the world they come from, even if it is from Timbuktu. Their families should be entitled to visit, whatever about remaining.

Senator Taylor-Quinn touched on an important point that the family should not be broken up. If one member of a family lives here legally, such as the father or the breadwinner, there is an onus on us to allow his wife and children to come and stay with him.

We were all caught napping. I do not blame anyone. In the past ten years, this Government and the previous Government have had problems regardless of the numbers. During those years the country became prosperous. Perhaps we were the cause of the problem to some extent because we boasted throughout Europe and the world that this was a good country, the economy was right, money was rolling in and the social welfare benefits were good. The amount of money which people on social welfare were entitled to here was more than they could earn in a good job in their own country. I was amazed when travelling to some of these countries to learn what people earn. In Croatia, for example, the equivalent of £100 or £120 is a fabulous week's wage.

This unfortunate incident in Wexford brought home many facts to us. Following the growth in the economy, suddenly people started to come here. In fairness to the Department and the Minister for Justice, Equality and Reform, everyone acted as quickly as possible. Much of the criticism about people queuing up for their money was unfair. Radio and television is taken over by people who have to begin queuing at three o'clock. Let us be fair, all one has to do is go down the street at the back of Leinster House and one will see people queuing for buses for two and three hours. These are our own people.

We have seen on television the war-torn countries and tragedies from which these people have come. When they arrive here they should be thankful for what we give them with open arms.

I welcome the Minister of State to the House. We are discussing an extremely tragic incident. When eight people die collectively in any circumstance it is tragic. These people, half of whom were adults and half children, died in particularly sad circumstances. We should offer our condolences to their families and try to ensure that such an event does not happen again. That is the more difficult part.

Senator Fitzgerald expressed surprise they did not use passports. It is very difficult for people in countries such as Turkey, Romania, Albania or Morocco to get passports and travel visas and more difficult still to get a work permit. Given the number of obstacles in their way it would not be worth their while to apply since they would not get them. Therefore, they have to use surreptitious and clandestine methods if they are to have any hope of getting away from the circumstances in which they live.

The survivors and those who died in the container had relatives in Britain whom they were hoping to join. That raises questions about the whole family situation and how policy can separate one member of a family from the other. Where somebody has the right to live in a particular country the question will have to be addressed as to whether a spouse, child or grandparent can be allowed to come and join them. It is a serious matter.

Most of the people we are discussing are economic refugees, although the Minister of State's speech dealt mainly with asylum seekers fleeing persecution. Economic refugees are the order of the day. The number of Irish people who were economic refugees is colossal. There is not a fam ily in Ireland that did not have an economic refugee. On 11 September one of the major concerns was that so many illegal Irish were working in the Twin Towers and for that reason we will never know the number of fatalities there. Of all people we should be sympathetic to the plight of economic refugees and try to see what can be done.

Senator Taylor-Quinn referred to a number of important points, as did Senator Fitzgerald. While many anti-trafficking measures have been passed and many controls put in place the numbers coming here are growing. The reason is that Ireland is a wealthy country. In the past if one was an economic refugee there was no point in coming here. All the economic refugees went in the opposite direction. They left this country and went to New York and England, as our people have done for generations and even centuries.

We have been lucky as a nation that there were countries to which we could go. In the early days when "No Irish need apply" was the rule either in Britain or New York, our forbears had to endure incredible difficulties when crossing the Atlantic, and suffered many fatalities.

Numbers coming here are increasing, yet the Minister of State can tell us that 35,000 applied successfully for work permits to come to this country this year and that there are 10,000 applications from asylum seekers on grounds of persecution. Some 35,000 persons came into Ireland legally. As the Minister said, we are operating a fair and balanced system. However, the problem is that the 35,000 people who came here legally and were recruited do not come from the same background as those who come illegally. They who came legally have skills, training, education and qualifications to do work here on a selective basis. If one lives in a disadvantaged area with absolute poverty there is not a hope in hell of any recruitment agency asking one to go to work in Ireland or England or any of the European countries. If one lives in a rural area, is impoverished, unskilled and disadvantaged, one does not have the mechanism to do any of the things seen on television or to participate in the wealth of the western world or the success of the European Union.

The world is a global village and people are travelling and taking chances in greater numbers than ever. As Senator Fitzgerald said, many of them are coming from war-ravaged countries or from countries that were recently devastated. Turkey is not the wealthiest of countries. People who holiday there see the bright side along the coast but they do not see the numbers of people dying in prison on hunger strikes or the suppression of human rights. That suppression of rights is the major reason for the European Union's difficulty with admitting Turkey to its ranks.

We have to look at this broadly. Despite the best intentions of the Government in terms of controlling the situation it must be looked at in the broader context of enlargement of the Euro pean Union. Enlargement of the Union would cover a large number of people coming to this country, whether from Romania or Poland and ultimately Turkey. In general, not many come here from Turkey because Turkish emigration has been traditionally to Germany where millions of Turkish people live. It is unusual that they would come to Ireland because of that tradition. That enlargement would be desirable and it would certainly reduce the intake from a number of countries.

We need to look again at our Third World aid. We provide a certain amount of aid to the Third World while exploiting it at the same time. The result is that there is no significant improvement in those African countries we are talking about. We need to develop a better policy rather than provide agencies to deliver aid in the country. We need a more significant and well-founded basis for linking directly with countries. Perhaps we could twin with countries, provide skills and be responsible for development of a country instead of simply dumping our aid on it. While that is done with the best intentions it does not make a significant infrastructural difference. On the other hand, we exploit the resources of Third World countries.

The third issue I wish to mention is the common European Union policy on economic refugees. This policy can help us deal with the issue in a coherent fashion rather than using the split approach we appear to have. We are reluctant to even recognise the concept of economic refugees and want refugees termed as asylum seekers. We do not want to deal with economic refugees but say that is out and send them back home. We tell them we have a system in place and give work permits, but we give work permits at a particular level only to the people we want rather than those who want to come to us.

I want to mention the case of an eight months pregnant Nigerian woman detained at present in Mountjoy Prison. Her name is Kedirat Balogun. She is subject to a deportation order. I understand that no pregnant woman is supposed to travel by air after the sixth month, but yet the Department intends to send her back to Nigeria. Considering civil rights issues in northern Nigeria where unmarried mothers are subject to stoning – a recent case was raised in this House – that would be dangerous.

Constitutional support for the family was referred to by both Senators Taylor-Quinn and Tom Fitzgerald. The humanitarian aspect also needs to be considered and I ask the Minister to look into the case. Legal action was to be taken in the case either today or yesterday. This type of case is not isolated and I ask the Minister to address it sympathetically.

Sitting suspended at 2 p.m. and resumed at 3.15 p.m.
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