Ireland is the only country in the EU that does not have national rules regarding family reunification for migrants enshrined in primary law, the Dáil has heard as it discussed the controversial and most comprehensive immigration legislation since the foundation of the State.
Terence Flanagan (FG, Dublin North-East) said it was "not good enough" that Ireland was the only EU state to fail to deal with this issue and that, the Immigration, Residence and Protection Bill made no statutory provision for family reunification.
Mr Flanagan demanded the removal of the section of the legislation requiring the permission of the Minister for Justice for a non-EEA national to marry anyone including an Irish citizen. "This proposal is an unnecessarily invasive act that would downgrade the institution of marriage and should be removed immediately."
But defending the marriage proposal, Minister for Justice Brian Lenihan said it was "an attempt to curb the growing problem of marriages of convenience, a problem that is being observed not just in Ireland, but across Europe".
Objections to the provisions did not appear "to acknowledge that there is a substantial trade in marriages for the purpose in particular of conferring on non-EU nationals the important immigration advantage of being able to move with relative freedom throughout the EU".
The 142-page Bill, which contains 123 sections, was introduced by Mr Lenihan who described it as a "crucial part of the legislative architecture of modern Ireland. More than any other legislation, it epitomises the enormous change that has taken place in our country in the past 15 years."
Mr Lenihan said that "it is important that we remind ourselves that Ireland does not owe a duty to the world to admit all comers. We must make choices to protect the interests of our own citizens and in the interests of our migrant population."
He also stressed that it would be constitutionally questionable to divest the Minister or the Government of the powers they must necessarily exercise in this area.
Mr Flanagan, however, said measures had to be put in place to prevent abuses of certain rights under immigration legislation.
"Legislative rights and protective measures can operate side by side without the unnecessarily intrusive measure of direct involvement by the Minister for Justice, Equality and Law Reform in the institution of marriage."
He said the legislation "has no real meaning when it comes to defining who can reside in Ireland, for how long and on what basis".
He was backed by Denis Naughten, Fine Gael's immigration and integration spokesman, who while welcoming the intent of the legislation, said his principal objection was its "vagueness". Mr Naughten said that "key questions remain unanswered in the Bill. Who gets in and under what circumstances? What rights and responsibilities do they have?" He also expressed reservations about the limited provisions for access to benefits and services including those by the Health Service Executive.
"I am concerned that medical personnel working in the HSE will be forced to assume the role of immigration officers," he said,referring to the case of an Athenry man who died in Boston after becoming ill. "He declined medical attention for fear of being deported. We do not want to see a repeat of that in this jurisdiction. It is important that those protections are put in place."
