THE IRISH Human Rights Commission has appealed for a robust debate on the Immigration Bill as it passes through the Oireachtas.
While welcoming many aspects of the Bill, it is seeking a number of amendments, including a definition of the scope of ministerial discretion and a restatement of Ireland's commitment to international agreements. The latter featured in the original version of the Bill.
The commission is the statutory body with responsibility for reviewing legislation in the light of constitutional and international human rights standards, including Ireland's obligations under the international covenants it has ratified.
While welcoming the fact that the Immigration, Residence and Protection Bill consolidates immigration law into a single statutory code, the president of the commission, Maurice Manning, expressed concern that many provisions fell short of the level required by the international treaties which Ireland has ratified.
Among the areas highlighted by the 120-page Observations are those surrounding the removal from the State of those who "appear" to be unlawfully in it; the protections afforded the victims of trafficking; the provision for the detention of those seeking protection from persecution; and the interference with the right to marry of both Irish citizens and non-EU nationals.
The Bill allows the Minister refuse permission to be in Ireland on the grounds of "security of the State, public policy, public good and public health". The commission recommends that these categories be defined in the legislation in order to indicate the scope of ministerial discretion.
It makes 59 recommendations to the Government in 24 areas covered by the Bill. In particular it expresses grave concern that the protection against "refoulement", (returning people to countries where their life or freedom could be threatened) spelt out in various international conventions and in the case-law of the European Court of Human Rights, is not sufficient. It suggests the insertion of specific reference to the UN Convention against Torture into six different sections of the Bill, which deal with refusal to permit entry into the State and removal from it.
In relation to trafficking, the commission seeks to extend protection to people from member states of the EU, as well as foreign nationals, and the ratification of the Palermo Protocol on trafficking, which Ireland has signed.
The commission adds that there is no independent appeals mechanism available to those refused permission to come to Ireland as immigrants.
Turning to those seeking protection, it points out that access to applying for protection is restricted in the Bill, where the Minister can refuse access to it, an immigration officer can refuse a person entry into the State, and exclusion orders do not comply with the provisions of the Refugee Convention. It strongly recommends that immigration officers and members of the Garda should be adequately trained to deal with such applicants.
Some people who are not eligible for protection under the Geneva Convention on refugees are eligible for "subsidiary protection", and the commission recommends a clear definition of the basis for claiming this protection.
The commission is also concerned about limitations on access to judicial review, particularly the 14-day time limit, restrictions on the High Court in extending this limit and the fact that taking judicial review proceedings may not suspend deportation. It recommends amendments in this area.
It also expresses concern at the restrictions on the marriage of protection applicants and non-permanent residents, who must receive the permission of the Minister. It points out that restrictions on a constitutional and internationally recognised right must be proportionate to the legitimate aim sought to be achieved.