The Irish Human Rights Commission (IHRC) has expressed concern at certain provisions on detention and deportation contained in the Government's new Immigration Bill.
In its initial comments on the proposed law, the Commission said it presented an "important and unique opportunity" to ensure that Ireland's law on immigration and residence complies with the highest human rights standards. It is currently studying the Bill to assess it compliance with Ireland's legal obligations.
"However, it appears on a preliminary examination of the Bill that concerns raised by the IHRC with the Department of Justice, Equality and Law Reform when we first commented on the broad scheme of the Bill in December 2006 have not been adequately addressed," said its president, Dr Maurice Manning.
Of particular concern to the IHRC is the provision for detention of asylum seekers.
"In our 2006 Observations on the Scheme of the Bill, the IHRC expressed the view that prison is not a suitable place for the detention of asylum seekers who have not committed a criminal offence," Mr Manning continued.
"The 2008 Bill retains the proposal for the detention in particular circumstances of asylum seekers in prisons or Garda stations. This is despite clear international human rights standards that indicate that such an approach is not acceptable."
The commission is also concerned at the provision for the removal of people who are challenging a decision on their asylum applications through the courts. The Bill proposes that where judicial review proceedings are initiated, the initiation of those proceedings will not suspend the removal of that person.
Chief executive Éamonn Mac Aodha said the provision on removal "potentially puts people at risk of removal to a country where they could be in danger of serious human rights violations such as torture, inhuman or degrading treatment."
"Suspending the removal of a person who is challenging a decision on his or her asylum application before the courts is a critical safeguard to ensure compliance with Ireland's human rights obligations," he added.
