The publication last week of the Scheme for a new Immigration, Residence and Protection Bill offers the opportunity for a reasoned and calm debate on the distinct, though related, issues of immigration and asylum.
This State has benefited hugely from the arrival of immigrants who have contributed both to the development of the economy and to the enrichment of our culture and social lives. However, the sudden nature of the change in the make-up of the population has given rise to concern among some people. This must be addressed openly and honestly without pandering to prejudice and with respect for the views of all.
The issues involved should be discussed in a broad context that is not confined to our economic needs. Our international obligations and the requirement that we uphold the human rights of all who live here, whether permanently or temporarily, are central considerations.
The Bill is intended to bring all matters involving immigration and asylum under the same legislative umbrella, and the UNHCR - the United Nations refugee agency - has asked that the safeguards for asylum should be clearly defined in it. The central concept of the legislation is that all non-EU nationals will hold some form of residence permit, without which their presence in the State will be illegal. In the latter circumstances they will be subject to summary deportation. Failure to achieve refugee status and to "be of good behaviour generally" will lead to the revocation of the permit.
This provision is, as yet, vague. It begs a number of questions, including how failing to be of "good behaviour generally" will be defined. The final form of the Bill should make clear that people's rights, including the entitlement to due process, will be preserved and that this provision will not be used against those who hold minority political opinions, commit a public order offence or fall foul of an individual member of the Garda. Nor does the Bill, as drafted, deal with people who entered the State legally, but became undocumented through no fault of their own, perhaps because an unscrupulous employer, who also controlled their accommodation, sacked them and retained their documentation.
The Bill is being referred to the Human Rights Commission for consideration. The Minister has appealed also for a public debate. Already a discussion document preceded the publication of this Bill and generated of submissions, though their influence on the current wording is not obvious. It is to be hoped that the final legislation will be reflective of a serious debate and will take account of any genuine concerns raised in the interim.