The Government has abandoned its plan to rush legislation through the Dáil today to close a loophole in immigration law following strenuous Opposition objections to the new Bill and the speed with which it was to be taken.
Opposition parties claimed yesterday the measure would allow discrimination against the disabled and could bar from Ireland foreigners convicted of offences in other states which are not considered to be crimes here.
A spokesman for the Minister for Justice, Mr McDowell, said last night he had now decided to introduce the Bill in the Seanad on Friday and have it debated in the Dáil next week. He said this was not a result of Opposition protest, but Labour claimed the Opposition had forced the change.
The Immigration Bill 2004 is the response of the Minister for Justice to last week's High Court decision that current law governing the entry and control of immigrants in the State was unconstitutional.
Mr McDowell sent draft copies of his proposed Bill to Opposition parties yesterday, having promised to introduce a Bill to rectify the situation quickly.
However, his spokesman said he now wanted to allow enough time for debate and to consider amendments in line with his stated wish to "get it right this time".
All the main Opposition parties last night focused on a section of the Bill that would allow immigration officers to refuse entry to non-nationals suffering "from a prescribed disease or disability".
A spokesman for Mr McDowell rejected claims that this was introducing discrimination against the disabled. He said the diseases the Bill had in mind were infectious diseases. The reference to disability was intended to apply only to people with "profound mental disturbance such as psychopathic behaviour", he said. This was an attempt to replace a section of the Aliens Order of 1946 - now no longer lawful - which allows the refusal of entry to a non-national who is "a lunatic, idiot, or mentally deficient".
However, Fine Gael's justice spokesman Mr John Deasy said the word "disability" was very broad if this was all it was intended to mean. Green Party spokesman Mr Ciarán Cuffe said this provision was "a slap in the face to disability groups awaiting the publication of the Disability Bill". Sinn Féin's justice spokesman Mr Aengus Ó Snodaigh, said the provision was "absolutely offensive and totally unacceptable". Labour's spokesman Mr Joe Costello claimed the Government had been forced to postpone consideration of the Bill.