Catholic bishops are preparing for a potentially major Church-State clash over draconian powers which they fear are being given to the Government in immigration legislation currently before the Dail. Opposition to the controversial Immigration, Residence and Protection Bill has been signalled by the bishops in a strongly worded statement issued at the end of their three- day spring meeting in Maynooth.
Expressing their concern about the draft law's provisions for tighter regulation over asylum and immigration conditions, the bishops warn that "overall, there is anxiety that the bill allows for the disproportionate use of 'ministerial discretion'."
In other words, the bishops are apprehensive that the bill will give enormous power to Justice Minister Brian Lenihan, to make decisions without democratic approval of the Oireachtas.
The reservations from the bishops inflict a second serious blow to the proposed legislation which has already been criticised as heavily flawed by the United Nations' High Commission for Refugees (UNHCR).
Significantly, many of the bishops' main objections overlap and reinforce 76 substantial amendments to the bill proposed by the UN body.
The seven key concerns of the bishops are:
* The bill lacks statutory provision for family reunification. "Minor refugees" will not be allowed apply to be reunited here with their siblings.
* The bishops say the bill gives insufficient protection for trafficked women, young girls and young boys.
* Increased powers of detention would allow the Irish authorities to detain persons at every stage of the asylum (protection) process. The bishops are worried too about the possible detention of children which they say would be in violation of the UN Convention on the Rights of the Child.
* In the absence of clear and comprehensive immigration policies and procedures, the bill fails to set out clear regulations regarding rights and obligations of migrants seeking to come to Ireland.
* The bill's lack of an appeal mechanism for review of immigration decisions is contrary to the commitment made in the Programme for Government -- Toward 2016 to introduce a "visibly independent appeals process".
* While acknowledging that the Government has the right to control inward migration, the bishops contend that proposed restrictions on access to benefits and services for persons in an irregular situation must not be at the expense of vulnerable migrants in the State who, often through no fault of their own, have become undocumented. To allow access, as the bill does, to essential medical treatment only risks forcing HSE staff to assume the role of immigration officers, warn the bishops.
* The bishops are wary of the bill's stipulation that a marriage contracted in the Irish State, where one or each of the persons is a foreign national, is invalid unless notification of the intention to marry is given -- by one or both -- to the Justice Minister, not later than three months before the date of solemnisation of the marriage.
The bill is due to be debated at the Committee stage after the Dail returns from its long Easter holidays.
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