The debate on the Immigration, Residence and Protection Bill 2008 which began in the Dáil last night offers an opportunity to introduce legislation that balances the responsibilities of the State with the rights of those who live in it. The Bill provides a mechanism to correct past mistakes and to meet the challenges of Ireland in the 21st century where immigration forms an integral part of life.
The proposed legislation combines in one Bill two quite distinct areas: immigration into this State on the part of those seeking to come here, mainly to work; and the treatment of those who end up on our shores seeking protection from persecution. It will be a challenge to our legislators to distinguish these two elements which require quite different responses. But they must do so if there is to be a coherent debate on the legislative provisions needed.
Much in this Bill is welcome, starting with the fact that it modernises and consolidates what was previously archaic, diffuse and often contradictory. The measures to reduce delays in the immigration system, with a single application procedure for various types of protection, the introduction of long-term residency status and protection for the victims of trafficking are all positive moves.
But the Bill has a number of shortcomings and concerns have been expressed that some of its provisions may breach constitutional rights and international norms. For example, the case for detention and summary deportation - rather than less draconian measures like regular reporting to the Garda - has not been made. Likewise, the denial to certain categories of people of the right to marry seems to be an excessive response to a supposed problem of marriages of convenience for which there is only anecdotal evidence. Proposals concerning the replacement of the Refugee Appeals Tribunal, which has been criticised both by its own former members and in a number of court rulings, suggest more of the same.
The position of separated children requires particularly close attention and has not been seriously addressed in the Bill. Provisions for the protection of the victims of trafficking, which are tied to assistance with prosecutions, would exclude trafficked children. And family reunification has been placed on the long finger again.
The opportunity exists to turn this Bill into legislation that balances the need for the State to protect its borders with the requirement to adopt best international practice in the treatment of both immigrants and those who seek protection. Political will on all sides will be necessary to get it right this time.