The 2004 Immigration Bill, which the Government intends to pass all stages in the Dáil today, seeks to "control the entry into the State, the duration and conditions of stay and obligations while in the State for non-nationals".
The drafting of the Bill offers an opportunity to examine our policies and practices in relation to immigration and to ensure that the law in this regard is comprehensive and fair. The process should guarantee that the legislation complies fully with the letter and spirit of international law relating to human rights in general and those of migrants and racial minorities in particular.
However, as the Human Rights Commission pointed out in a statement yesterday, there has been no consultation prior to the introduction of this far-reaching Bill. The Commission is endowed with responsibility for making observations on the human rights implications of legislation. But the Government and the Minister for Justice chose not to refer the Bill to the Commission prior to its publication. Nor were they given time to consider it.
Nonetheless, the Commission has a number of serious concerns about the Bill which it made public in some preliminary observations yesterday. These include the granting of broad powers to immigration officials without any provision for effective safeguards or adequate training.
According to a separate submission from a number of organisations dealing with refugees and immigrants, the legislation fails in a number of other respects. They cite the absence of any provisions governing family reunification for non-national family members of Irish or EU nationals. Nor, they say, does it address the position of international students or provide for bridging permits to allow people to re-establish themselves if they have lost work permits or other permissions through no fault of their own.
The legislation also introduces a new obligation on householders to ensure that all non-nationals on their premises are legally in the State. Indeed this may be discriminatory, with heavier penalties for non-nationals who fail to comply.
It is possible that the Minister may have answers to these criticisms. But the hasty introduction of this Bill, without consultation with groups and individuals with expertise in the area and without giving the Opposition an opportunity to fully consider it and to prepare amendments, is contrary to the spirit of two High Court judgments requiring such legislation to be the product of reasoned and thorough consideration in the Oireachtas. It should be withdrawn to allow for thorough debate.