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Seanad Éireann díospóireacht -
Thursday, 3 Oct 2013

Vol. 226 No. 8

Adjournment Matters.

Asylum Support Services

Cuirim fáilte roimh an Aire Stáit. Gabhaim buíochas leis as bheith anseo inniu. I thank the Minister of State, Deputy Perry, for taking this Adjournment motion. I have been raising the issue of asylum in this House since my election. It is an area about which I am particularly concerned. Our system leaves a lot to be desired. I am aware that the Minister of State's colleague, the Minister for Justice and Equality, Deputy Alan Shatter, was of similar opinion when in Opposition. Despite that he has promised reform in this area, two and a half years into the term of the Government the main plank of this reform is the immigration, residence and protection Bill. The immigration, residence and protection Bill was under consideration by the previous committee on justice when the last Dáil fell. The Minister has previously indicated to me that the Bill is so broad, lengthy and complex that it would require substantial amendment, by way, possibly, of hundreds of amendments. He has suggested that rather than return it to the committee for amendment it should be redrafted. In this regard, I understand the Bill has been returned to the Attorney General for consideration.

Concern has been expressed that the Irish protection system is fraught with lengthy delays and expensive legal proceedings and that for asylum seekers, many of whom have undergone terrible ordeals before arriving in Ireland, this means living in uncertainty and a system that bears an unnecessary human and financial cost. The Irish Refugee Council has stated that it believes delays in the introduction of legislation reforming appeals in the asylum process contributed to costs borne by the taxpayer of more than €3 million in 2011. The 2011 annual report of the Refugee Appeals Tribunal indicates that 73% of the tribunal's non-pay expenditure went on legal costs associated with judicial review proceedings. This was separate from fees paid to part time tribunal members who hear the appeals cases.

Sue Conlan, chief executive of the Irish Refugee Council has said that a key reason for the need for recourse to the courts is a lack of an effective remedy within an asylum system in which decisions are overwhelmingly negative. The inclusion of an effective independent appeal in the new immigration, residence and protection Bill would substantially reduce the need for expensive and lengthy judicial review proceedings. It is important that people who come here seeking a humane and expeditious asylum are treated fairly and equitably and that the system in place is efficient and does not cost the taxpayer more than it should.

I note from the legislative programme that the old Bill is still listed.

I am asking for clarification on when the Minister intends to bring forward the new immigration, residence and asylum Bill. Will we see it before Christmas?

The Immigration, Residence and Protection Bill 2010 has been restored to the Dáil Order Paper for Committee Stage. The Bill seeks to replace laws dating from 1935 - notably, the Aliens Act - and provide a single code of law on the entry into and presence in the State of foreign nationals. It will make the management and administration of the asylum and immigration system more efficient, effective and economic and will reflect current policy in the programme for Government, which undertakes to "introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way."

The Minister for Justice and Equality, Deputy Alan Shatter, outlined previously to the Joint Committee on Justice, Defence and Equality his considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of changes to the 2010 text, it would be much more efficient to publish a new and enhanced Bill. This proposition was broadly welcomed by the joint committee. Work on the Bill continues, therefore, on that basis in co-operation with the offices of the Parliamentary Counsel and the Attorney General, while also taking account of any relevant rulings by the courts. It was necessary for work to be completed on the competing legislative priorities of the European Union, the IMF and the ECB troika programme, such as the establishment of the Insolvency Service of Ireland and the new Legal Services Regulation Bill. Nonetheless, the Minister expects that work on the immigration, residence and protection Bill will be advanced for publication in the new year.

While recognising the importance of setting out a modern and coherent legislative framework for dealing with immigration matters, the Minister has identified some key issues that cannot be left in abeyance and require immediate action. Pending the enactment and commencement of the new legislation and with a view to improving processing in the area of international protection, the Minister will, therefore, be introducing new arrangements by way of secondary legislation under the European Communities Act 1972 for the processing of subsidiary protection applications. The legislative provisions to underpin the new system for determining applications for subsidiary protection are being finalised in the Department in co-operation with the Office of the Parliamentary Counsel to the Government. When these legislative provisions are settled, the intention is to bring the new application-processing arrangements into operation as soon as possible.

The new arrangements will introduce significant changes in the area of subsidiary protection and applications processing, involving as they do the transfer from the Department of Justice and Equality to the Office of the Refugee Applications Commissioner the responsibility for processing such applications in the first instance, with the availability of an appeal to the Refugee Appeals Tribunal in respect of negative first-instance decisions. Both of these bodies are independent in the exercise of their statutory functions.

In contrast with the current system, which is entirely paper-based, the new arrangements will, among other things, provide for personal interviews in the first instance with the Refugee Applications Commissioner and the right to an oral appeal to the Refugee Appeals Tribunal. These new arrangements will apply to cases in hand and new subsidiary protection applications. All applicants will be notified of the new procedures and the arrangements for the processing of applications. It will be appreciated that the extent of the changes proposed, involving jurisdictional changes for the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, require detailed planning, human resources redistribution and training if there is to be effective and efficient implementation of the new arrangements. Following on from the introduction of the new subsidiary protection system, the possibility of introducing a single protection procedure in advance of that proposed under the immigration, residence and protection Bill will be kept under review.

Although I welcome the update on the changes that might be introduced regarding the subsidiary protection system, I contend that the Government is dragging its feet on the Bill. We were promised in May that the Bill would be presented before the end of this year but we are now talking about the new year. In particular, people are languishing in the direct provision system, which certainly needs to be overhauled. The Minister of State might ask the Minister for Justice and Equality to provide a more concrete date on which he intends to have the Bill before the Houses. I am concerned about human rights issues with respect to direct provision, and this has been mentioned by the likes of Mrs. Justice Catherine McGuinness and the Ombudsman, who are very concerned about the human rights of people within that system. Will the Minister of State relay these concerns to the Minister and come back with a tighter timeframe?

On behalf of the Minister, I thank the Senator for providing an opportunity to discuss the Immigration, Residence and Protection Bill 2010 and the various matters of concern that need to be taken into account in bringing it to enactment as soon as possible. The Government is anxious to ensure that the Bill can provide a coherent and modern legislative framework through which we can be responsive to immigration issues and the circumstances, human, economic and otherwise, that will have to be taken into consideration. This should bring greater coherence, consistency and transparency to the immigration regime. The Minister is very much aware of the issue. We now have a very dynamic context for the movement of persons globally, which will continue to have a bearing on how we regulate immigration issues.

The new Bill seeks to codify core aspects of the immigration regime. It sets out statutory procedures to be followed in dealing with applications for visas - this part is new to statute; entry into the State based on present law; residence permission while in the State; and removal from the State. The Bill also contains provisions dealing with the smuggling of persons that will give legislative expression to several key international instruments dealing with this appalling problem. As I have stated, work on the details of the Bill is ongoing at the Department of Justice and Equality and the Minister is not delaying it in any sense, as there is a significant amount of work involved. In keeping with the commitment given in the programme for Government, consideration is being given to a statutory appeals system in the immigration area and the model that would be considered most appropriate to this jurisdiction. The approach proposed by the Minister to the joint committee makes sense and will build on the publication of the enhanced version of the Legal Services Regulation Bill, thereby preventing the legislation from becoming swamped with a complex range of amendments. The Senator will also appreciate that it will provide an opportunity to address key issues, some of which have been raised today, as well as a number that will remain of concern to Members. There is also the matter of developments relating to civil partnership, marriages of convenience and the protection of the best interests of children.

With the Minister, I look forward to further constructive debate on this important Bill, with timely and responsive measures being introduced by the Minister pending its enactment.

The Seanad adjourned at 3.50 p.m. until 2.30 p.m. on Tuesday, 8 October 2013.
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