THE FOUNDER of the Immigrant Council, Sr Stanislaus Kennedy, has called for the Government's immigration Bill to be amended so that migrants who have been convicted for actions not considered criminal in Ireland are not refused residence or visa rights here.
She suggested that, because of the way certain sections of the Immigration, Residence and Protection Bill are phrased, those convicted of spitting, chewing gum, or committing adulterous or homosexual acts - all considered offences in some countries - could be refused permission to enter or reside in Ireland.
While acknowledging the Government's right to decide what crimes were relevant when deciding on visa and residence applications, she said the proposed law would allow for "fundamental injustices".
"The legislation allows a person's criminal convictions, in this country or overseas, to be taken into consideration when they apply for a visa or residence permit or when deciding whether to refuse someone entry into Ireland, or to revoke their existing permit," Sr Stanislaus said.
"On the surface, that seems fair enough.
"However, the legislation does not specify that those convictions should be for actions that are considered offences in this country. In some countries, adultery and homosexuality are criminal offences. In Singapore, there are strict penalties for spitting or chewing gum..."
The Bill states that an immigration officer may refuse to permit a foreign national to enter the State if satisfied that the individual has been "convicted of an offence punishable under the law of the place of conviction by imprisonment for a period of one year or by a more severe penalty".
Another section states that the Minister for Justice may consider refusing a visa application because of any criminal convictions of the applicant or any member of his or her family.
Convictions may also be considered when deciding on an application for residence.
A spokeswoman for the Department of Justice said all amendments to the Bill would be considered at committee stage in the Dáil.
