Citizens and non-citizens alike can expect the protection of the Constitution, according to the Minister of State for Foreign Affairs, Ms Liz O'Donnell.
"Just because refugees and asylum-seekers are not citizens the superior courts have held since the late 1980s that they can expect the full protection of the fundamental rights which the Constitution gives to citizens," she said.
"If disgraced politicians and people convicted of the most heinous crimes can expect and enjoy the full protection of our Constitution, I would be most anxious to see that refugees and asylum-seekers equally enjoy those rights."
Ms O'Donnell was speaking to reporters after she addressed a conference on human rights at the Royal Hospital Kilmainham, Dublin, at the weekend.
In a strongly-worded speech she appealed to the media for "sensitivity" in covering refugee issues and said politicians had a key role to play and "must give a lead to reject racism". Welcoming the introduction of an antiracism protocol for election candidates, she said independents should also have to sign it.
The Minister was opening the third annual Department of Foreign Affairs/Non-Governmental Organisation Forum on Human Rights. She told delegates at the conference that "if disgraced politicians, criminals and paedophiles can enjoy the full protection and clout of the Irish courts it is right and fitting that one of the most marginalised and vulnerable groups under Irish skies - refugees and asylum-seekers - can likewise have constitutional protection in respect of the fundamental rights of equality of treatment and access to the courts".
Ms O'Donnell noted that the President, Mrs McAleese, had referred the Illegal Immigrants (Trafficking) Bill to court to test the constitutionality of two of its sections, but said later it would be "unnecessarily controversial" to suggest she welcomed the decision. She denied there was "incoherence" in this Government between the Minister for Justice pushing through the anti-trafficking units and her concerns for the human rights implications of the legislation.
The Minister recalled that Mr O'Donoghue had told her his advice was that the legislation was constitutional and there was a presumption of constitutionality from Oireachtas legislation. However, she added that there was a further constitutional safeguard in referring Bills to the Supreme Court.
She whole-heartedly supported an anti-racism protocol for political parties and candidates at elections so they did not "incite hatred or prejudice" by playing on people's fears on these issues. She said the Progressive Democrats had already signed the anti-racism protocol in which political parties had committed themselves not to allow their councillors or their candidates in general and local elections to "play to that particular lobby of xenophobia and racism".
It is a voluntary code of commitment which she believed independents should also have to sign. The protocol was drawn up by the National Consultative Committee on Racism and Interculturalism which advises the Government.
Appealing to journalists for sensitivity in coverage of the issue, she said "sensational headlines, misleading statistics, unsourced claims and demonising of the refugee community can, and have, contributed negatively to public opinion and fuelled misinformed intolerance of asylum-seekers and refugees. I appeal to the media to tread carefully when covering refugee matters".
Ms O'Donnell added that the numbers seeking asylum had reached unprecedented levels "but that does not justify simplistic, knee-jerk analysis which presents their arrival as relentlessly problematical, disruptive and divisive". She was referring in particular to broadcasts where "people can phone in and express quite outrageous views", which should not be allowed to go unchallenged.
The PD Minister also described as "clearly inaccurate" accusations in the Dail by the Labour leader that the Taoiseach and the Government had given "a 19th century solution to a 21st century problem" in dealing with asylum-seekers and immigrants.
When Mr Quinn was in office "they did absolutely nothing apart from introducing the Refugee Act. But there was a huge backlog of asylum applications, something like 3,000 or 4,000 when we came into office. So it is this Government that has put in place a fair and efficient system. We were slow in starting because we had a huge backlog, but we had to put in place both the legislation and the facilities".
