Just because it is a long time ago, some people might ask whether it would make any difference. Where a miscarriage of justice may have occurred, it is extremely important that we correct the record. We need to provide clarity and assurance to the family. I will give some more detail in the process. Following the initial consideration of a case by departmental officials where they form a view that there was potentially a miscarriage of justice, we bring in the independent expert to examine all the information on th…

I again reassure the Deputy that this case is very much ongoing in my Department. It has not been and will not be forgotten. As soon as I receive the independent expert advice, I will act on it as quickly as possible. I am very conscious that people have been awaiting this for a long time and obviously they would like to get an answer as quickly as possible. I commit to the Deputy that I will provide that answer as soon as I can.

I wish to reassure the Deputy and repeat what I said yesterday that my Department has taken and will continue to take a pragmatic approach and most importantly a compassionate approach to immigration arrangements in the context of Covid-19. The approach to deportation orders will continue for the duration of the Covid-19 pandemic. A decision to suspend the issuing of negative international protection decisions during level 5 restrictions had already been taken and this remains in place. Under the International Prot…

As the Deputy outlined, we are in a very difficult and complex situation. Taking one action can potentially have an impact in another space. It is really important to have joined-up thinking and provide as much reassurance to everybody who is impacted by this. I can speak to the Deputy separately about the individual cases. We want to reassure people that they will not be deported throughout this pandemic. The figures show that this is the approach we have taken from the outset. Where there are complex and difficul…

We have a robust system in place. At the same time, it is a system and, like any other, it can always be improved. That is part of a wider discussion and engagement which may need to take place after this. I reiterate my comments from yesterday to the effect that we will continue to take the same compassionate and pragmatic approach we have taken throughout this pandemic. I give that reassurance. I also stress something else I said yesterday. We are rolling out a new vaccine programme and I wish to state, on the re…

Thank you. I thank Senators Higgins and Ruane for proposing and seconding the Bill, as well as Senators Flynn and Black, who are also supporting the legislation. I fully agree with and support the overall aim of this Bill that compassion is shown to those issued with deportation orders for the duration of the pandemic. The need to show compassion during this extraordinary time is one we all share across all Government and Opposition parties. The Government has tabled a reasoned amendment in response to the Bill, wh…

I welcome the Bill and discussion and the collegiate way in which we are responding to it. Christmas is fast approaching, and for all of us, it will be a different kind of Christmas for the reasons we know. While it may be different, for the vast majority of us it will still be a joyous occasion. I, along with all Deputies, am acutely aware that for many people, this can be a time of additional fear and dread. The domestic violence services anticipate a surge in demand in the run-up to Christmas. While we may be th…

I thank the Senators for their comments. Section 115 is connected with sections 116 and 117, the sections they oppose. Given that these are all integral parts of the functioning of Part 18, I might outline the reasons behind it. We are trying, inasmuch as possible in respect of this legislation in its entirety, not just of the justice parts, to mirror arrangements we have with the UK. If the transition period expires at the end of this year without an agreement between the UK and the EU, the Dublin regulation will …

The Bill sets out a clear set of criteria in accordance with EU law that we are requiring the UK to adhere to. Therefore, in order for us to assign it as a safe third country, it will have to fulfil those criteria. We are very clear that it is not just a blanket because we are trying to keep everything the same. That set of criteria still exists and we will expect it to adhere to it.

The reason we have the age of 14 is that under EURODAC, which is the European database for international protection and comparisons of fingerprints for applicants for international protection, the age is 14. We are complying with this EURODAC regulation from 2013. Therefore, it is the case at a European level but it is also the same within the UK, so, again, we are mirroring what we had before and we are not changing anything. I do not think it creates any kind of anomaly because we are following the EU regulations…

It is an issue we can discuss in more detail later. This part is an integral part, and the overall Part 18 would not work without it. The amendment would delete a provision whereby an application for international protection is admissible if a person arrives from a safe third country and it is important that we have that provision within this legislation. It is necessary to provide the basis for the application of international protection to be deemed inadmissible where the applicant has come from a safe third coun…

I will speak to the three amendments together and re-stress that we are trying to mirror what we currently have. I take the points that the Senators are making and apologise for not being able to take the Commencement matter to which the Senator referred. I hope to be in the House next week for the wider debate on the Private Members' Bill that has been put down. We are following EU regulations as they are set out and, as the Senator says, perhaps that requires a wider conversation at home or at European level to t…

I will come back to the Senator on the issue of family reunification. What we are trying to do is mirror the existing process for family reunification. We must have a system whereby, if somebody is granted protection in a safe country, we continue to adhere to the regulations that have been set out. It might not necessarily be the Dublin regulation if the transition period ends without the agreement in place but we are trying to mirror that. If somebody has been granted asylum in a safe country, the idea that we wo…

What we are trying to do is mirror what we currently have in that sense. I will come back with more details, if that is acceptable.

There is a view that this perhaps is not necessary. What the Senator is trying to do, as she outlined, is put in place protections. The amendment would insert a new section 51A requirement to inform a person, who is the subject of a return order, of that legal assistance. However, a person who is the subject of a return order already should have received the information required under section 21 of the International Protection Act 2015. Section 21 specifies the information to be given to applicants for internationa…

Yes, that is my understanding.

I will speak to the three amendments together. Senator Higgins has touched on a number of points in her comments. We have quite a clearly set out process for people going through the international protection application process. It is very distressing and can be very difficult for people to get a letter saying they have a number of days to make services aware of what they intend to do. After that, there is another opportunity for individuals to make their case. At every stage it is about working with and supporting…

I, too, appreciate where Senator Higgins is coming from and when it comes to dealing with children, we need to take every precaution. We always need to be sure that we are treating them, and every individual, in the way that they deserve, and that is with respect. Insofar as possible, and I hate to repeat this point, but what we are trying to do is to mimic and to essentially put in place a mechanism that reflects the current mechanism that exists through the Dublin regulation. The section we propose to amend is se…

Again, the section aligns Ireland with the current regulations. It would be very difficult to create or provide for a dual system where there is one period of detention for cases transferring to EU member states and a different one for those transferring to the UK. I get the Senator's point that nowhere in Ireland is 12 hours away, even from the tip to the bottom of the country. However, if one is getting to a port or airport and a flight or something is delayed or rescheduled, this measure takes into account that …

We have already discussed the possibility of adding further criteria and identifying what is a safe third country. There are very strict criteria, in line with EU regulation, that we are applying to the UK if it is to receive that status. We are not deviating at all. We are not relying on the UK saying that everything is fine. We are setting and applying a strict set of criteria. The amendment seeks to put in place a new consideration in the designation of a safe third country. However, sufficient provisions have a…