Irish Human Rights Commission’s Initial Comments on the Immigration, Residence and Protection Bill 2008

Denying Effective Access to Courts and Detention of Asylum Seekers in Prisons in breach of International Human Rights Standards

The Irish Human Rights Commission (IHRC), in line with its statutory mandate, is currently examining the Immigration, Residence and Protection Bill 2008 for its compliance with Ireland’s obligations under constitutional, international and regional human rights law standards.

"The IHRC views this Bill as presenting an important and unique opportunity to ensure that Ireland’s law on immigration and residency complies with the highest human rights standards and safeguards the dignity and equality of everyone in Ireland. However, it appears on a preliminary examination of the Bill that concerns raised by the IHRC with the Department of Justice, Equality and Law Reform when we first commented on the broad scheme of the Bill in December 2006 have not been adequately addressed" said Dr. Maurice Manning, President of the Irish Human Rights Commission.

Dr. Manning continued that "of particular concern to the IHRC is the provision for detention of asylum-seekers. In our 2006 Observations on the Scheme of the Bill, the IHRC expressed the view that prison is not a suitable place for the detention of asylum-seekers who have not committed a criminal offence. The 2008 Bill retains the proposal for the detention in particular circumstances of asylum seekers in prisons or Garda Stations. This is despite clear international human rights standards that indicate that such an approach is not acceptable".

The IHRC is also concerned at the provision for the removal from Ireland of people who are challenging a decision on their asylum applications through the courts. The Bill proposes that where judicial review proceedings are initiated challenging the removal of a person seeking asylum from Ireland or transfer to a "safe third country", the initiation of those proceedings will not suspend the removal of that person.

Recalling the Observations of the IHRC on the Scheme of the Bill in 2006, Éamonn MacAodha, Chief Executive of the IHRC said "the current provision on removal in the Bill undermines the effectiveness of the judicial review remedy. It also potentially puts people at risk of removal to a country where they could be in danger of serious human rights violations such as torture, inhuman or degrading treatment".

Mr MacAodha continued "suspending the removal of a person who is challenging a decision on his or her asylum application before the courts is a critical safeguard to ensure compliance with Ireland’s human rights obligations."

The IHRC is also concerned that the Bill retains a large element of Ministerial discretion over immigration related decisions without adequate safeguards. The Bill allows for exceptions or exclusions to particular statutory provisions on grounds such as the security of the State, public policy, public good or public health. These concepts may be subject to broad interpretation. Without adequate and effective safeguards to qualify their use, there is the potential for arbitrary or unfair decisions. Adequate and effective safeguards should be in place to qualify executive discretion. Such safeguards are necessary to ensure that a fair and proportionate balance is struck between the interests of the State in controlling the entry of non-nationals, and the human rights of non-nationals seeking to enter and reside in the State.

ENDS

For further information please contact:

Martin Mackin/Catherine Logan

Q4PR 01 475 1444

087 814 5030 / 086 811 4785

Notes for Editors

The IHRC will be issuing detailed observations on the Immigration, Residence and Protection Bill 2008 in the coming weeks, and will be available for further comment when these observations are issued.

Observations on the Scheme of the Immigration, Residence and Protection Bill published by the IHRC in 2006 are available on the IHRC website www.ihrc.ie (http://www.ihrc.ie/documents/default.asp)