President Michael D Higgins has signed a Bill on the Irish asylum process into law. The International Protection Bill 2015 aims to streamline the application process for asylum seekers.
This comes after the President convened a meeting of the Council of State to discuss whether to refer the Bill to the Supreme Court. It was only the second time Mr Higgins had asked council to meet, the first being for the Protection of Life During Pregnancy Bill. The President was said to have grave concerns about the limited debate on its provisions in the Dáil and Seanad and the guillotine imposed on the legislation.
The Áras has been asked to consider 40 Bills in the first 11 months of last year. In December, it had to consider 26 bills, highlighting the raft of legislation which has passed through the Oireachtas last month. There are currently 12 bills awaiting the President’s signature.
It is understood that the President’s primary concern was regarding the apparent redefinition of the family in the Bill. The specific provisions of the Bill examined by the Counsel of State concerned the definition of the family under sections 56 and 57; the rights of children to have refugee status; and whether section 78 prevents people from seeking asylum in the State.
However, following a three hour meeting and examination of the Bill, a majority of the Counsel present at the meeting advised against referring the Bill to the Supreme Court. One source said a view shared by a number of those present was that, while some aspects of the Bill may be challenged in future, the Bill in its entirety should stand and should not be referred to the Supreme Court.
The statement from Áras an Uachtaráin said: “In accordance with the terms of the Constitution, President Michael D Higgins has today, December 30th, signed the International Protection Bill 2015 into law.”
The Government says the Bill will bring Ireland’s asylum application procedures in line with other European states by reducing the length of time that applicants spend awaiting a decision. However, several organisations including the Irish Refugee Council have said the new law could see asylum seekers being swiftly deported after a “cursory examination of their applications.”
On the same day, the President also signed the Assisted Decision-Making (Capacity) Bill 2013, along with the Legal Services Regulation Bill 2011.
PILA partner NGO, Inclusion Ireland, welcomed the historical enactment of the new Assisted Decision-Making (Capacity) Act 2015 which brings about the long-awaited repeal of the Victorian-era Lunacy Regulation (Ireland) Act 1871 and the Marriage of Lunatics Act 1811.
This ground-breaking legislation will result in significant improvements in the lives of persons with intellectual disabilities as their ability to make decisions for themselves will be enshrined in law. The new Act also removes a significant barrier to ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
The legislation also demonstrates a seismic cultural shift away from a paternalistic and ‘best interests’ approach towards persons with intellectual disabilities to a right-based approach of choice, control and consent.
However, Inclusion Ireland has concerns over the six-month timeframe to commence all aspects of the new Act. This means that there will be a delay for persons with intellectual disabilities availing of the supports that they need to articulate their decision-making.