Victor Boyhan Urges No Guillotine on International Protection Bill

But I think it's also a very broad opportunity for us to comment briefly on the Bill. And firstly, Minister, I want to welcome you to the Bill and I particularly want to say a few thank yous, just in my opening remarks here, to, of course, to both the library, Oireachtas Library and Research, for their very, very comprehensive paper on the PLS. Very disappointing, Minister, and we can talk about this as we go through the Bill, very disappointing how little of that was taken on board. I don't know what advice you got for that, but there are elements of that, peppered through that, that I intend bringing up through various stages of the Bill. If the Bill isn't guillotined, Minister, I don't know if you've made a decision on that, are you set off in your diary for this week and intend to guillotine the Bill? You guillotined it in the Dáil, I think it was very disappointing. You know, the Government have a huge majority, they can effectively do anything, but you believe in democracy, you believe in parliamentary democracy, you're an amazing practitioner of parliamentary democracy yourself, and indeed, you're also Senior Councillor, so you're well able to stand, to think and stand on your feet, and I always commend you for that, Minister. Minister, just a few points, I mean, the amendments were ruled out of order, that's not always a very good start, but I suppose I'm just conscious, really, of the capacity within this legislation to deal with what you're setting out to achieve. I don't agree with everything you are attempting to do, and I'll tease that out in a respectful manner, which is the appropriate and the right way to do in these houses. But I want to draw your attention, Minister, to a judicial review in the High Court, you'll be very familiar with this case, and so this is the High Court Judicial Review Record Number 2023 forward slash 209 J.R. 226, the I.E.H.C. 90, and it's a matter of a directive of the 2030-33 EU and the European Reception Conditions Regulations 2018. Now, Minister versus the State, and the Minister for Children, Equality and Disabilities, Integration and Youth, Ireland, and the Attorney-General being the respondents, Minister, you will know in that case that compensation was awarded to the two individuals that are anonymised in the findings in the judicial review publication for good reason, and the State was found to have failed to meet certain obligations that we are bound to and have signed up to, and I think that's an important point. And you are now bringing in, of course, a piece of legislation that is very, very significant and seeks to put in place a new EU framework to manage migration and asylum for the long term, and seeks to ensure that Ireland's policy aligns with other EU countries, regardless of what we might think of them, to replace the International Protection Act of 2015. And so you stated in your press release, which I had a look at today, when you announced that you had government approval to proceed with this legislation, you said with the stated objective to provide a fair and efficient and robust asylum procedure that is consistent with the asylum laws. I just want to take three points, and then I'll wind up at this particular juncture, but in relation to this particular section. In your press release, I was... I suppose first and foremost, I want to go back to a reception that you provided and the commentary that you provided in Kerry to people that were coming into this country, new citizens, new people, coming, signed up to take the allegiance to the State and were very welcomed. And you spoke very eloquently. I wasn't at it, but I took the time, because I'd heard so much about it, to get the script from your department. And you talked about the Constitution and you talked about the harp and what it symbolised. And you had analogies about the tradition and the music and the melody and how proud they could be to be Irish citizens. And it was very moving, and I want to genuinely acknowledge and congratulate you on it. I thought it was a very moving piece. I somewhat was at odds some weeks and months later to hear other statements you said in the House, and I began to think, I see a slight drifting from that, but I may need further clarification, so I'm not going to make any sort of rush to judgment on it. But it was somewhat inconsistent with remarks that you made since then. So, Minister, in your press release announcing this legislation, you say this government fundamentally believes in the right to claim asylum. We will always uphold our obligations on this important principle of international law for those who need our protection. And I think that's fantastic. At the same time, I recognise that our current system for processing international protection applications can be more efficient and faster and less costly. Your quote, not mine. The International Protection Bill will reset our international protection system that will streamline decisions and returns processes, introduce a new border procedure with a three-month time limit for decisions, appeals and return orders in appropriate cases. The bill will also create a new second instant body called the Tribunal of Asylum Returns Appeals, for short, TARA. I welcome that. It will also establish a new Chief Inspector of Asylum Border Procedures, an independent rights monitor. I welcome that. These reforms will continue to assure the rights of the applicants under EU and Irish law. Minister, I think my biggest concern is that of children. As Minister and the Attorney General, you say that you're developing an inclusion of the bill to give effective proposals approved by government on 26 November 2025. That adults who are beneficiaries of international protection will not be entitled to seek family reunification for a period of three years following their grant of international protection. I have somewhat concerns about that. We have obligations. We talk about the uniqueness of children. There cannot be any less favourable support or any conditionality attached to children in this state or outside this state once they are within this state. Not necessarily legally, but within this state, we have a moral obligation to protect minors, children, who could have come through any guise, unknown to themselves, having no act, hand or part in it themselves. We have a moral obligation and that will be a central theme of my contribution to this bill. So, Minister, I understand we need clarity. I understand we need consistency. I understand we need fairness. Robustness is not a word I always like to use and I certainly don't like to use it in this context. But I think it is important. We have many obligations. It is a big ask. It is a big shift that you are proposing. But we need to be satisfied that you can do it in a timely manner. There isn't the same pressure as Senator McDougall talked about earlier on to deliver this. There are possibilities of options, opt-out sections to all of this. So I think that's important. But I do think there are enough concerns. And when you look at advocates for human rights, they're there. They've made great submissions. And you look at the very detail that members of your party were involved with, which was the committee, the Oireachtas Committee, and its recommendations. It raises the question about our commitment to this process or the government's commitment to this process. So I just want to finish on that point to say that we're coming here in a spirit of cooperation, but doing what is the right thing, that we believe is the right thing, standing on our feet, articulating what we see all around us and the people that have spoken to us. And I know that you will receive our contributions in a way that is meaningful and respectful too. But I would ask you, Minister, please do not use the might of the power that is in your hands to guillotine a very important piece of legislation. We have time. Loads of time. And let's get this right. And that's what I'll finish on at this point.