The Irish Human Rights Commission (IHRC) welcomes the publication of the Immigration and Residence Discussion Document and the public consultation process being carried out by the Department of Justice, Equality and Law Reform around the upcoming legislative framework. The IHRC forwarded its observations on the Document to Minister McDowell on 29th July. It makes a number of specific recommendations as well as reiterates its own longstanding policy that the Government should put in place a comprehensive and coherent immigration policy based on the principle of respect for the human rights of all immigrants and in observance of the highest international human rights standards. "It is the opinion of the IHRC that all legislative and policy initiatives in the area of immigration are of profound significance to the human rights and dignity of non-nationals and it is against this background that the IHRC makes a number of points in relation to the substance of the Immigration and Residence in Ireland Discussion Document" stated the Chief Executive of the Commission, Dr. Alpha Connelly.
While the Discussion Document recognises the contribution that immigrants make to Irish society, the overall focus is on the need to maintain the safety and security of the State; to combat illegal immigration; and to manage migration in a manner that will serve the national interest. The IHRC acknowledges that these are valid considerations in the formulation of immigration policy. These considerations, however, should not result in the human rights of immigrants being undermined and a careful balance needs to be struck between the interests of the State and the fundamental rights of persons migrating to Ireland.
A further general feature of the Document is that, on a number of issues such as family reunification, it states that it would be preferable for these situations to be addressed in secondary legislation or practice instructions, rather than in primary legislation. "It is essential that the substantive issues around immigration and residency should be dealt with by way of primary legislation so that these legislative provisions are the subject of full parliamentary scrutiny and debate. Issues such as family reunification should be addressed in primary legislation and should be provided for as a matter of statutory right" stated Commissioner Michael Farrell.
As well as general recommendations, the IHRC submission makes the following specific recommendations:
– The fundamental rights contained in the international treaties to which Ireland is a party should form a central part of a fair and equitable immigration policy that places the human rights of all immigrants whether low skilled or highly skilled workers, documented or undocumented as a central concern.
– The Government should ratify the UN’s International Convention on the Rights of All Migrant Workers and Members of their Families (ICMW) which sets minimum standards for the protection of migrant workers and their families. The IHRC also urges the Government to play a leadership role at an EU level in encouraging other Member States of the EU to ratify the Convention.
– Where Ministerial discretion exists in relation to immigration decisions, that discretion should be exercised in accordance with the principles of legitimacy and proportionality. This limitation on Ministerial discretion should be set out clearly in statute.
– To ensure that migrant workers can effectively enjoy the protection of Irish law and can access the same rights and entitlements as Irish nationals, the employment permit system should be structured in a manner which enables migrant workers to access and enforce their rights in the workplace. Under the present system the fact that the employment permit is applied for by the employer; is in the control of the employer; and is renewed at the discretion of the employer, greatly hinders the ability of migrant workers to effectively access their rights and entitlements on an equal basis with Irish workers and can lead to discrimination and exploitation.
– Lack of enforcement of employment rights is a key problem and further resources should be provided to enforcement bodies, in particular to the Labour Inspectorate as a matter of priority
– The Government should take effective measures to prevent problems faced by vulnerable categories of migrant workers in particular domestic workers. Women migrant workers can be particularly vulnerable as large numbers of migrant women work in the domestic sector. The IHRC is concerned that at present the Labour Inspectorate does not carry out investigations of exploitation in private homes and that this lack of monitoring combined with the strong element of control the employer has in relation to the employment permit increases the vulnerability of migrant workers who are employed in different roles in private homes.
– In considering applications for family reunification, the State should seek to strike a fair and humane balance between the right to respect for family life of the migrant and the State’s interest in controlling immigration. Where such applications involve children, the best interests of the child should be a primary consideration and factors such as the age of the child, their situation in their country of origin and their degree of dependence on their parents should be taken into account.
– The IHRC also recommends that the category of persons entitled to enjoy family reunification should not be so narrowly defined and should be broadened to include non-marital partnerships, same sex partnerships and other adult relationships where there is a situation of dependence such as grandparents and dependent adults.
– A broader discussion on the necessity and appropriateness of the use of biometric data within the immigration system needs to take place. The upcoming legislation should provide for adequate and effective safeguards around the collection, storage and disclosure of biometric data.
A spokesperson from the IHRC is available for comment.
A copy of the IHRC’s Observations is available on the Commission’s website at by following the below link:
Click here to download Observations (300 KB)
For further information, please contact:
Mary Ruddy
Senior Human Rights Awareness Officer,
Irish Human Rights Commission.
Jervis House,
Jervis Street,
Dublin 1.
Tel. 01 8589 601
E-mail: info@ihrc.ie
Website : http://www.ihrc.ie