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Thread: New Immigration, Residence and Protection Bill 2010 published

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    Politics.ie Member FutureTaoiseach's Avatar
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    Default New Immigration, Residence and Protection Bill 2010 published

    The old version of the Bill was withdrawn earlier in the year following hundreds of wrecking-amendments in Committee by the Opposition (especially Labour with its absurd demand that illegal immigrants who claim to have been trafficked should be allowed a 6-month visa automatically even if they refuse to cooperate in prosecutions of traffickers). The bill would:

    - Remove the requirement to give notice to failed asylum-seekers of their deportation by repealing section 3 of the Immigration-Act 1999. That compares with the existing right to appeal deportaton within 15 days of notification of the deportation-order. This is necessary because 6,000 failed asylum-seekers have gone on the run to evade deportation and more would follow unless notice of date of deportation is abolished.

    - Requires immigrants to enter via "approved ports" and present themselves to an Immigration-Officer. This could reduce the incentive to enter via NI, from where 90% of our asylum-seekers enter the state (according to the govt).

    - Require the presentation of travel-documents at the frontiers of the State except for Irish/UK nationals.
    26.—(1) A person (other than a national of the United Kingdom of Great Britain and Northern Ireland who has travelled directly from Great Britain, Northern Ireland, the Channel Islands or the Isle of Man or an Irish citizen) arriving or attempting to arrive from outside the State or entering or attempting to enter the State shall be in possession of a valid travel document. 20
    (2) A person (including an Irish citizen) arriving or attempting to
    arrive from outside the State or entering or attempting to enter the
    State shall—
    (a) comply with such reasonable instructions as an immigration
    officer may give for those purposes, and
    (b) furnish to an immigration officer such information in such
    manner as the immigration officer may reasonably
    require for the purposes of the performance of his or her
    functions, and where the immigration officer requires a
    person other than a foreign national to provide biometric information—
    (i) the biometric information need only be furnished to
    the extent necessary to enable the immigration
    officer to compare it with any biometric information
    in a travel document furnished by the person, to establish that that travel document relates to him or
    her and to establish the validity of that travel document,
    and
    (ii) the biometric information is not otherwise authorised
    to be retained, stored or compared to any other biometric information.
    (3) A person who contravenes this section is guilty of an offence.
    (4) For the purposes of this Part, a person coming from outside
    the State who arrives at any place in the State shall be deemed to
    have arrived at a frontier of the State.

    27
    .(1) A person (other than a person to whom a waiver has
    been granted under section 24(4), a national of the United Kingdom
    - introduces new offences (Section 149) of knowingly facilitating the entry of illegal-immigrants into the State.

    This is a welcome and much overdue piece of legislation and it is imperative that on this occasion, the Government govern instead of pandering to an Opposition without (in 2010) a mandate to govern. Cosy-consensus is harmful to the democratic-process because it allows a minority to dictate to a majority. It is imperative that on this occasion, the Government pass the Bill. Write to Brian Cowen, Dermot Ahern and John Gormley to push for its enactment this year. In a recession charity must begin at home. We cannot afford the annual asylum-bill of €300 million, wasted on property-moguls and free legal-aid. We must send a message that another PAMA-style asylum-scam will not be tolerated still less rewarded.

    As ever, the dogooders in the Immigrant Council of Ireland are not to be outdone in the bleeding-heart stakes:
    Quote Originally Posted by Irish Times

    ...Council chief executive Denise Charlton said the redrafted Bill would perpetuate an immigration system that was unfair, inefficient and costly. She said the introduction of “summary deportation” would enable the State to remove people without appeal and could lead to serious injustices.

    Under the current system, people have 15 days to appeal a deportation order. She said the legislation made no allowance for people in exceptional circumstances in relation to summary deportation, whereby lawfully resident migrants – or even vulnerable Irish people suffering from mental health problems – could be removed from the country without a right of appeal.

    “The council is deeply concerned that the introduction of summary deportations could even result in the deportation of vulnerable Irish citizens or lawfully resident migrants who are unable to prove they have a legal right to be in Ireland,” said Ms Charlton.
    She said the provisions in the redrafted Bill on summary deportation run contrary to recent Supreme Court decisions and a recommendation from the UN human rights committee.



    This organisation also campaigned vociferously against the Citizenship Referendum in 2004 and as such lacks credibility as a barometer of public-opinion. Pass the Bill!!!!
    Last edited by FutureTaoiseach; 21st September 2010 at 12:10 PM.

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    Politics.ie Member fool's Avatar
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    Quote Originally Posted by FutureTaoiseach View Post
    - Require the presentation of travel-documents at the frontiers of the State except for Irish/UK nationals.
    How is that supposed to work? Surely anyone claiming to be an Irish or UK citizen would have to prove it in some way.

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    distinguishing between a uk national and a french national coming from newry to dundalk is contrary to EU law and the bill if enacted will be thrown out by the ECJ

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    Politics.ie Member Thac0man's Avatar
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    Quote Originally Posted by jacko View Post
    distinguishing between a uk national and a french national coming from newry to dundalk is contrary to EU law and the bill if enacted will be thrown out by the ECJ
    That would be my take on it too. But if Ryanair can insist on passports as the only valid form of ID they will accept, then why can't the government?

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    Quote Originally Posted by Thac0man View Post
    That would be my take on it too. But if Ryanair can insist on passports as the only valid form of ID they will accept, then why can't the government?
    Ryanair do not discriminate on grounds of nationality !

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    Politics.ie Member gijoe's Avatar
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    Quote Originally Posted by jacko View Post
    distinguishing between a uk national and a french national coming from newry to dundalk is contrary to EU law and the bill if enacted will be thrown out by the ECJ
    Its called the common travel area and we are not part of Schengen therefore by definition a French citizen entering from the UK has to have travel documents with them. That is no problem at all with the legislation.

    I really like this legislation - particularly the summary deportation and restrictions on Court access parts.

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    Quote Originally Posted by gijoe View Post
    Its called the common travel area and we are not part of Schengen therefore by definition a French citizen entering from the UK has to have travel documents with them. That is no problem at all with the legislation.

    I really like this legislation - particularly the summary deportation and restrictions on Court access parts.
    actually you're wrong anyone in the IRE/UK common travel area has de facto entered it lawfully. You can discriminate as between someone arriving from Paris into Dublin as opposed to someone arriving from London into Dublin (ie: a frontier control for the former but not the latter).

    However you cannot subdivide the latter category between nationalities of the EU non discrimination on grounds of nationality is a core principle of EU law

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    Quote Originally Posted by jacko View Post
    actually you're wrong anyone in the IRE/UK common travel area has de facto entered it lawfully. You can discriminate as between someone arriving from Paris into Dublin as opposed to someone arriving from London into Dublin (ie: a frontier control for the former but not the latter).
    What border controls are there between NI and the Republic? I travel regularly on the Enterprise from Belfast to Dublin. Nobody has ever looked for ID. Does anyone stop cars? I don't see how this legislation could affect people crossing from the North into the Republic. A person who looks Irish or British could be here for months unknown to the authorities and nobody would notice a thing.
    Last edited by Delarivier; 21st September 2010 at 01:20 PM. Reason: inconsistency

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    Politics.ie Member fool's Avatar
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    Quote Originally Posted by Delarivier View Post
    A person who looks Irish or British could be here for months unknown to the authorities and nobody would notice a thing.
    "Looking Irish or British" is a meaningless statement in legal terms.

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    Politics.ie Member FutureTaoiseach's Avatar
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    Labour are on a hiding to nothing if they oppose this legislation. The Citizenship Referendum demonstrated the absence of political-capital from being seen as soft on asylum and immigration. They would do well to realise that and adopt a more populist approach. Illegal-immigration contributes to the race to the bottom. There is an Ireland outside of the pages of the Irish Times and the coffee-houses of the Dublin 4 PC-elites.
    Last edited by FutureTaoiseach; 21st September 2010 at 01:31 PM.

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