The immigration Bill, which is being debated in the Dáil, is only the start of a process, writes Minister for Justice Brian Lenihan
Immigration is now one of the defining issues for governments across the world and Ireland is no exception.
Immigration is inevitable. Although inward migration is a recent phenomenon in Ireland, the underlying reasons for it should be well understood, given our history. The urge to find a better life, to escape poverty and lack of opportunity is something with which we can empathise. As long as a divergence primarily based on wealth exists between countries there will be migration.
Immigration is also necessary. Ireland has benefited in recent years from an influx of people from many countries. Ageing populations across Europe, and Ireland, mean that we will need foreign migrants to fill jobs and maintain our hard-won prosperity.
Publication of the Immigration Residence and Protection Bill 2008, debate on which began in the Dáil last night, represents a major legislative response to the need to manage our immigration system. It sets out in detail the various stages of immigration and protection in a single instrument, both codifying the existing law and bringing new areas into legislation.
The Bill is not in any sense the end of a process. On the contrary, it simply provides the foundations on which we can build a comprehensive and integrated immigration system. Various aspects of our immigration system will be outlined in detail by way of ministerial orders and schemes. This will include dealing comprehensively with the matter of family reunification or, to be more accurate, family migration. Migrants need greater certainty as to how the system will deal with them, even where the answer is not always what they want to hear.
In the past we have put together our system in a haphazard way. We wanted workers so we decided that pretty much anyone who could get a work permit should be admitted. We wanted students to come here and learn so we had quite low thresholds for entry with the unfortunate result that we have seen significant levels of abuse in this area. We wanted tourists and probably did not give too much thought about the possibility of their overstaying.
But time has moved on and we need to look at immigration in a more strategic and joined-up manner. We need not only to control our borders but to make a positive and more informed choice as to who we want to admit. We need to look at the impact on and entitlement to services of each category of migrant and to make our decisions accordingly. For instance, if we look at family reunification as an immigration issue, we will make decisions on whether the family should be coming to Ireland as opposed to the individual.
We need to recognise that illegal and legal immigration are two sides of the same coin. Our efforts to attract certain categories of migrant, the rights that legal migrants will have and the whole process of planned migration is undermined by illegal migration. We need to deal firmly with this problem. The Bill sets out clearly more streamlined procedures for doing this and for tackling abuses. There will be hard cases but at times hard decisions will have to be made. That is the responsibility that goes with government.
There will be categories where ministerial discretion can be exercised to avoid persons being victimised. I have met trade union representatives and others on the issue of workers who became undocumented through no fault of their own. While there is no question of any form of general amnesty without reference to the circumstances of the case, I will shortly bring a proposal to Government whereby certain categories of case can be considered in a sympathetic manner.
The Bill also honours Ireland's international commitments in the area of protection, providing for a single procedure for all claims. I do not want to dwell too much on the asylum issue which in the past was such a major challenge. The position has stabilised in recent years although the costs of operating the high quality system we have are considerable. In 2007 we spent about €300 million in this area and it is clear that the more streamlined procedures set out in the Bill can reduce this outlay and potentially make funds available for other areas of public service delivery to benefit the wider community, including migrants.
I should also point out that about 90 per cent of current asylum claims are unfounded, having first gone through a system that is by international standards manifestly fair. The reality is that many economic migrants will abuse the asylum system as a method of gaining entry to Ireland. We should be honest about that. We should also be aware that such abuses both delay resolution of the genuine cases and also prejudice the perception that some Irish people have about refugees. The focus therefore should be to deal with the cases as quickly and fairly as possible, grant refugee status to the genuine cases and make sure that those whose claim does not stand up leave the State. I believe the new streamlined procedures set out for dealing with protection claims will greatly improve the way we deal with these cases.
I envisage building on what I have already outlined - to publish with the approval of the Government further legislation on a regular basis. For instance, the laws on citizenship are currently being reviewed and I will bring forward proposals to revise the criteria for naturalisation.
Finally, I believe that, as well as providing the necessary legislative base for managing immigration, the Bill represents an ideal vehicle for a real debate on immigration and in the place that is most appropriate, namely in the Oireachtas by the elected representatives of the people.The debate on this vital national issue can lack balance and I hope that during the Oireachtas debates this can be corrected.