THE LAW Society has called for major amendments to the Immigration, Residence and Protection Bill in an 86-page submission. Carol Coulter, Legal Affairs Editor, reports
The solicitors' representative body expressed "grave concern" about "the manner in which the Bill appears to be designed to reduce access to justice for foreign nationals," calling for the deletion of a number of sections.
These include those allowing for summary deportation, reduction in the time allowed to bring judicial review applications, immediate deportation in cases where a judicial review was taking place, and the proposal to make legal representatives personally responsible for the costs of a case which, in the opinion of a judge, was "frivolous or vexatious".
"All these provisions are in breach of recognised constitutional and international human rights standards and are incompatible with the ethos and philosophy that should permeate any immigration and protection law enactments," it said.
The society has made its proposals in a submission to the Oireachtas Committee on Justice, Equality, Defence and Women's Rights, where the legislation is being debated. It joins the United Nations High Commission for Refugees and the Irish Human Rights Commission in expressing grave concerns about the Bill's potential for human rights violations, particularly the right to access to justice.
Its critique of the Bill includes its structure and underlying methodology, as well as containing 57 proposals for change. In particular, it proposes separating the Bill into two - one dealing with immigration and the other with protection for those fleeing persecution. It urges the Oireachtas to lay out in detail the law relevant to both immigration and protection, rather than leave it to the discretion of the executive through regulation. "The Law Society is gravely concerned that legal certainty, clarity and accessibility will be undermined by this development," it notes.
"Any regulations introduced will not have been subjected to the scrutiny of the Houses of the Oireachtas. It will also make it extremely difficult to verify that the provisions of the Bill comply with international, regional and domestic human rights' standards," it adds. It also calls for an amendment to make the principle of proportionality a cornerstone of the Bill, so that the measures being taken by a public authority are proportionate to the objective being sought. This would ensure compatibility with international, regional and constitutional standards, it states.
The issue of transparency is of major importance to legal professionals and foreign nationals, and is a pillar of good government, according to the document. It calls on the Oireachtas to ensure decisions and annual reports were published, and to develop independent monitoring and inspection mechanisms, and to review the structure, composition and organisation of the Protection Review Tribunal.