Lenihan Bill fails to put immigration on statutory basis

Issued : Tuesday 29 January, 2008

Statement by Pat Rabbitte TD
Minister for Communications, Energy & Natural Resources

There has been widespread recognition for some considerable time of the need for legislation to put our immigration and residence regime on a full statutory basis.

The Immigration, Residence and Protection Bill, published today, was originally promised by the former Minister for Justice, Michael McDowell, as far back as 2003.

From an initial reading of the Billl, it is not apparent that the pledge to put Ireland’s immigration policy on a statutory basis has been delivered in this Bill. Far from expressing in law what precisely are the rights, entitlements and expectations of migrants from outside the EEA, the Bill appears to be giving the Minister the power to regulate inward migration.

It is a comprehensive Bill running to more than 140 pages and deals with issues of enormous importance and sensitivity. Immigration is a serious political issue that needs to be dealt with in a careful and considered way. The Labour Party will carefully study the provisions of the Bill and we will not make any rushed judgement on its contents.

It is important that we get this legislation right and that, in particular, there is a proper balance struck between the right of the state to control the flow of those entering the state with our obligations to uphold the rights of all individuals under various international conventions and charters. I believe it would be advisable for the Dáil Committee on Justice to undertake a series of consultations with interested parties with a view to ensuring that we get that balance right.

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