The new Immigration, Residence and Protection Bill 2008 sponsored by Brian Lenihan, the Minister for Justice, Equality and Law reform is generating so much controversy and reactions. The Bill proposes to deport affected immigrants without notice, place restrictions on affected person’s access to judicial appeal and place restrictions on marriage for those who are foreign nationals, etc. Additionally, there are special and strict limits on judicial review including making legal representatives liable for costs where claims are regarded as ‘frivolous or vexatious’ by the High Court. In his press statement to introduce the Bill, the Minister noted that the Bill aims to regulate ‘regular migration’ into the State and to provide for a long term residence status to certain categories of migrants. Further to this, the Bill contains provisions on the removal of those who are not lawfully present in the State.
The law presently requires that persons to be removed are given a written notice of 15 days. Proposing to withdraw this provision and other judicial rights for immigrants is to say the least worrying. Without a doubt, the new Bill will meet with some opposition but I would like to predict that it will be passed with little or no changes regardless. In my opinion, this will be due to some short and long term factors which must be analysed dispassionately. One of the short term reasons is the Irish economy which is presently caught up in the whole gambit of a global recessive picture. The economy has clearly not done as robustly as it had in recent years - setting off panic buttons in so many quarters as a result. Naturally there is a desperate need by stakeholders in the government to do what they perceive to be expedient within the context of a diminishing economic climate. The argument which may be advanced by the Minister and others in the cabinet (perhaps not publicly) is to curtail the influx of immigrants who may not be relevant to making any input to the growth of the Irish economy.

It is a well known fact that the government spends a huge sum of money to maintain asylum seekers and certain immigrants on social welfare benefits. Despite the reasons advanced for immigrating into a country, a good number of immigrants will end up depending on the State for support. The reasons for this can be partly linked to the very nature of the system itself which makes it difficult for refugees to seek employment while awaiting a decision on their application for asylum. This trend is probably one of the holes the government may be attempting to plug. But it must plug it proactively and humanely. Removing asylum seekers without recourse to any judicial process or time to hear them out is not the panacea for any immigration problem.

Lately, the daily news has been one of companies closing shop and relocating to countries with cheaper labour, cheaper materials and rich technology. New companies have not moved in at a proportionate rate to cushion the effect of jobs lost and the attendant dwindling earning powers for citizens. Tax and revenue returns for the government has also been affected. It is now on record that the number of people ‘signing on’ for unemployment benefits has hit an all time high of 181,000. This realistic but bleak scenario does not portend well for an economy which experienced its highest known buoyancy only in recent history.

The Minister for Finance Brian Cowen and The Minister for Enterprise, Trade and Employment, Micheál Martin, whilst doing their best to create more market for the Irish economy and to attract more investments from abroad would nevertheless depend on Brian Lenihan to provide the much needed stability in terms of immigration and its implicit intensive capital demand. Additionally, the available jobs would have to be protected ostensibly for those who can make an impact. But it must be noted in strong terms that the situation in the country is not a reflection of the inward migration the country witnessed in recent times. It is also not necessarily indicative of imbued poor performance but perhaps, co terminous with a global economy that is experiencing a domino backlash.

In dealing with the Bill, the members of the Dáil must apply a ‘human face’ to their deliberations in order not to compound the distress usually faced by genuine asylum seekers who are fleeing persecution. It is also important not to send messages that will negate the recent integration efforts of the government. Hasty decisions and deportation of asylum seekers without due process will most certainly undermine human rights. It behoves the lawmakers to study the intricate and contentious details of the Bill and ensure that it is fair to all.

In a recent reaction to the proposed Bill, Noeline Blackwell, the director general of Free Legal Advice Centres Limited (FLAC) noted that “while the Minister quite naturally wants to set up a fast, efficient immigration system, our concern is that a fair balance must be maintained between efficiency and rights”. Ms Blackwell also went on to deplore the absence of any independent appeals procedure. The Immigrant Council of Ireland and the Migrants Rights Centre of Ireland also hold very strong views against the lack of ‘transparency’ and ‘clarity’ in the Bill.

The Bill will certainly test the sincerity of the government, the immigration system and the relevance of immigrants in Ireland . It is therefore an important challenge for immigrants resident in the country to continue to prove that there is an intrinsic relevance in welcoming more immigrants even in these ‘troubled and trying’ times. The task of revamping the Irish economy will in the long stem from a concerted effort with immigrants playing a significant role in a fast changing Ireland that needs all hands to be on deck. This fact should persuade and underpin the views of the law makers when debating the fine points and values of the Bill rather than on any short term panic driven contrived solution.