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Tithe an OireachtaisAn Comhchoiste um Ghnóthaí EorpachaAn tAonú Tuarascáil DéagTuarascáil ar ImirceMeasúnú Tosaigh ar Staid Oibrithe Imirceacha an Aontais Eorpaigh in Éirinn i ndiaidh 2004Aibreán 2006Houses of the OireachtasJoint Committee on European AffairsEleventh ReportReport on MigrationAn Initial Assessment of the Position of European Union Migrant Workers in Ireland post 2004April 2006Joint Committee on European AffairsReport on MigrationAn Initial Assessment of the Position of European Union Migrant Workers in Ireland Post 2004INDEX
ForewardThe free movement of workers and the wider migration issue is one of the main issues facing the European Union, particularly following the most recent enlargement, and in advance of the accession of Bulgaria and Rumania. The Committee has included immigration as part of its programme of work and is prioritising attendance at relevant conferences and visits to States directly impacted upon by this issue. The Committee has also heard from a wide range of Departments and groups on this matter in recent months. In advance of further consideration of the issue, an interim report on inward migration from the Member States which joined in 2004 has been agreed by the Committee. Following its visits and further consideration of the issues involved, the Committee intends to finalise its report. However, even the study to date led the Committee to the conclusion that the administrative arrangements in place to co-ordinate migration-related issues is inadequate. The interim report contains a number of recommendations that the Committee believes would improve the situation, both administratively and for everyone concerned. I would like to take this opportunity to thank the officials and groups who assisted in the work of the Committee in this regard. ____________________ John Deasy T.D. Chairman of the Joint Committee 5th April 2006 BackgroundThe Joint Oireachtas Committee on European Affairs has spent a number of months studying immigration into Ireland. The second part of this current report deals specifically with the issue of immigration from the Accession Countries. The work which the Committee has done, plus other information which is coming into the public domain, has brought home to members the importance of this development for this country, now and in the future. The Committee makes a number of specific recommendations related to current issues. However, it wishes to introduce what will be a series of reports by a review of the political and administrative structures required. Single Department to take responsibility for Immigration and IntegrationThe Joint Oireachtas Committee on European Affairs believes the immigration and the rate of population change is a major issue for the country and that it should be given a political priority which reflects this. The Joint Oireachtas Committee on European Affairs believes that the decision of the government to allow access to the labour market to workers from the new member states of the European Union was the correct one, and has had a beneficial result. However, the numbers coming to Ireland, from these, and other, countries, has been greater than expected, and requires increased administrative and political attention. The Committee is of the view that a single government department should be given overall responsibility for immigration and integration. Other European countries face the social, economic and cultural repercussions of large-scale immigration, but there is no other country which has had to deal with this unprecedented level of change. But the fact that other countries have handled this problem — well or badly — allows Ireland to be pro-active and to learn from others mistakes. The Committee believes that the issues posed by current levels of immigration are profound. The nature of Irish society is being altered, and this change is too important to be allowed happen without conscious recognition of the changes taking place and their long term impact both on the country and on the newcomers. Current projections about immigration are based on the extrapolation of existing trends — that if no one does anything, immigration will continue at current rates. However, this does beg a number of important questions: •If current economic growth rates are not sustainable, and there is a downturn in employment — what should happen? Should those who have worked here for a number of years be expected to return to their countries of origin or would it make sense that they should be maintained here, with appropriate levels of social support, until there is an upswing? Is it correct that skills, taught here, should be lost — or is it better to save on the interim cost of support? •The growth in population is increasing wealth, but also has a price in increased congestion, higher density of housing, higher demands on services. What is the appropriate trade off? •In the submissions to the Joint Oireachtas Committee on European Affairs so far, immigration has been treated purely as an economic issue. There are a number of organisations and NGO’s working with migrants to help and support them, but this is inevitably in a fragmented way. In its work the Joint Oireachtas Committee on European Affairs has not been able to trace the lines of responsibility among government departments for the different aspects of immigration and integration. The Committee has come to the conclusion that a structure to research, plan and provide support for immigrants should be put in place urgently This is a crucial time for policy and planning. Immigration has the potential to create in Ireland an exciting, young, highly-skilled and outward looking society, where wealth is created for the benefit of all, and where the contribution of each member of society is recognised and cherished. But such a fundamental change in society needs to be planned for, and it needs to be done on a democratic basis, where the views of all are respected. If this phase is neglected or mishandled there is risk of social alienation and wasted lives. Nature of IntegrationThe integration of immigrants is an immensely complex subject. Active help with integration is particularly important for those who come from cultures most different to that of the host country — but those differences can be religious; urban-rural; different attitudes to family or to gender; different relations with the state or civil society. Integration can also be dependent on the attitude of the host country, or the size or disposition of the migrant community. Some Irish immigrants to the UK have remained a separate group, with discrete problems — yet they came to the UK speaking the language, ethnically similar and Christian. A comparison of the way in which immigration and integration is dealt with in different EU countries shows an extraordinary array of understandings of citizenship, ethnicity, integration, multi-culturalism. For instance in Finland, Ingrian Finns, previously living in the former Soviet Union, have been able to obtain residence permits only on the basis of their ethnic background. In Ireland on the other hand, citizenship has until recently been a matter of birth only. The academic literature distinguishes between three different objectives for the integration of immigrants:1 • The first is the multicultural model, which is based on the respect and protection of cultural diversity and aims at explicitly guaranteeing the identity of the immigrant community. The United Kingdom would consider itself to aspire to this model, although it now seems to be reviewing its success.2 • The second one, the assimilationist model is based on the complete assimilation of the immigrant into the dominant, traditional national values and perceived common identity. France is the classic example of this approach. • Finally, there is the separation or exclusionist model, which is characterised by restrictive and rigid immigration legislation and policies. In this context, ‘rigid’ refers mainly to the legal conditionality that must be satisfied in order to have access to and reside in the territory. It consists of policies aimed at artificially maintaining the temporary character of an immigrant’s settlement. Therefore for Ireland to bring about the integration of immigrants will require for the first time, real efforts to articulate a comprehensive regime of rights and obligations for potential Irish citizens. This will mean a definition of what it actually means to be Irish. The “grandmother” rule may be advantageous for national sport teams, but raises issues of ethnicity. 1 The section relies on A Comparison of Integration Programmes in the EU. Sergio Carrera CEPS, Brussels 2006 22 Le Monde 11th November 2005. Interview with Trevor Phillips, Director of UK Commission on Racial Equality There are some other cultures which have a presence in Ireland which see a value in not integrating, in maintaining customs and practice traditional where they originate. Is that acceptable? Who is to say? Irish society itself is changing as wealth increases, as emigration ends, with the impact of sudden, large scale immigration, because of its openness to the forces of globalization, and because of the reducing role of other traditional pillars such as the Catholic Church, political parties etc. Previous definitions, implicit or explicit of “Irishness” were often rejected as narrow and backward looking. Self-image related to emigration and poverty, none of which now applies. But a new self-image has not been crafted. In the light of a new relationship with Northern Ireland, with the United Kingdom, with the European Union, what it means to be Irish needs re-definition. The recent referendum on citizenship began that debate, but a question to which the only possible answer was “yes” or “no” could not represent the width of debate which is needed. To what should migrants assimilate when many Irish people are currently uncertain about what it means to be Irish? The publication of a government white paper on integration would be a useful contribution to what needs to be a wide debate. Experience in other countriesOther European countries have had different experiences with immigration. Former colonial powers have a longer tradition of immigration from those colonies: United Kingdom, France, Netherlands. A second group which recruited “guest workers” has more recent experience: Austria, Belgium, Germany, Luxembourg, Sweden, while Greece, Italy, Spain, Portugal had subsequent waves of immigration. Only Ireland and Finland have the experience of such recent large immigration. There are major differences between European countries in their understanding of ethnicity and citizenship. It is possible for instance, in Germany, to become a German citizen — but not to become a German. Germany was prepared to accept responsibility for populations of Germans who had settled outside Germany centuries ago (e.g. Volga Germans), although they would not have met conventional citizenship requirements. Similar situations arose with the re-settlement of Greeks from around the Black Sea, or Portuguese colonists, who were brought back to the “mother country” in spite of the fact that their families had spent generations abroad. The decision to accept and promote the migration of these groups required clear definitions of ethnicity. The way in which other countries deal with immigrants varies, but is mostly extremely structured. Some countries, such as Denmark and the Netherlands, have one-on-one written contracts between the newcomer and the authorities (in most cases the local authorities.) These will include a considerable number of hours of language teaching and introduction to local customs and political traditions. Participation in these programmes is an essential step on the road to “secure judicial status”. These programmes are aimed at migrants from countries or cultures most dissimilar to that of the host country. The exempted groups are usually, among others, EU/EEA nationals, immigrants in possession of a short-term work permit, long-term settled immigrants, highly skilled workers, scientists and professors, students, researchers and asylum seekers. The new Dutch legislation explicitly exempts nationals from the US, Canada, New Zealand, Australia, Japan, etc. Areas of policy to be co-ordinated by designated DepartmentIreland has, compared to some other countries, a comprehensive body of legislation in the Employment Equality Act 1998 and the Equal Status Act 2000. There is a National Action Plan Against Racism, which according to the chair of the steering committee of the National Action Plan Against Racism, “...is used as a model in other countries.”3 The decision to nominate a Department to have clear overall responsibility in this area would be in itself a political statement of the importance of this issue in the political system. It will need to co-ordinate with other Departments. For instance: ❖The Department of Health is being impacted by the growth in the population and the demand for services, the implications of having an (even) more internationally mobile population, and changing public health demands relating to e.g. vaccination programmes in countries of origin. ❖The Department of Education and Science is already putting in place programmes for language tuition at primary level. However, the change in makeup of the school going population has and will continue to have major implications for the whole educational community: the school is the first socialization experience for children and, in certain, circumstances for their parents. Planning is required because relations between parents, teachers and students are affected by language barriers; curricula will need major review; increased training for teachers dealing with students for whom English is not a first language is imperative. At third level, there will be greater pressure to establish a system for the recognition of external qualifications. Current problems about the application of the free fees system must be dealt with urgently, or second-level students where there is uncertainty will be de-motivated. ❖The role of the arts in the definition/re-definition of an Irish culture is crucial. The written or spoken word has been a particular feature of Irish society, but music has managed to reach out across the world and has the potential to be a powerfully integration medium. While artistic endeavour is not a role for government, government has a responsibility to provide the appropriate framework. ❖Tourism is both a cause and result of the increasingly diverse Ireland. Irish cities have become livelier and more diverse — but are they now the same as every place else? ❖The role of the Department of Enterprise, Trade and Employment is discussed in other parts of this report. Its functions relate to skill-shortages, the role of Fás and the policing of employment legislation. In spite of increases in capacity, it is clear that further expansion of its services are essential as well as co-ordination with other services. ❖Anti-racism programmes already exist, but need to become a greater political priority. The transfer of responsibility for these programmes to the newly nominated Department of Immigration and Integration will send a strong signal that racism will not be tolerated. ❖An appropriate housing policy is essential for the successful integration of migrants. Immigrants will wish to be near other family members, if feasible, and to stay part of a network which re-enforces their cultural identity, as well as having shops etc which supply goods and services with which they are familiar. On the other hand, ghettos are easy to create and detrimental to the integration of newcomers. The implementation of the Spatial Strategy will make an important contribution to a proactive integration policy. Identity CardsIssues relating to data are dealt with in the second part of this report, and the Joint Committee has made recommendations. But Ireland has yet to consider the introduction of identity cards and the implications of a full tracking system are profound. The kind of identity card system which exists in other EU countries would require an enormous change in attitude and administrative response here. It would also meant the introduction of identity checks at Dublin Airport or Newry given that the Republic of Ireland shares a common travel area with the United Kingdom and would be a major step. Efforts are underway to improve the co-ordination of different public service identity requirements.4 However, recent evidence5 given by the Secretary General of the Department of Social and Family Affairs has made clear that the system of PPS numbers is no longer appropriate. The system was established by the Revenue Commissioners for their purposes, taken over and adapted by the DSFA for its purposes — and is now use e.g. for driving licenses! An initial study by the newly nominated Department might certainly consider whether the PPS number system should not become a stand alone system, and incorporated with the Revenue system and Garda immigration information, rather than being tweaked to meet differing needs at different times. 4 Reply of Minister for Social and Family Affairs to PQ 31523/05 5 Proceedings of Public Accounts Committee 2nd March 2006 Recommendations1. RecommendationThe Joint Oireachtas Committee on European Affairs considers that clear responsibility to support social and economic integration of immigrants should be given to one government department. 2. RecommendationThis Department should, as a matter of urgency, deal with the following: ❖Ongoing efforts to coordinate information are crucial and should be undertaken with as much speed as possible. ❖Irish agencies should be asked to work even more closely with the governments of the sending countries, to publicise the appropriate routes for finding jobs in Ireland, and restricting the activities of unscrupulous or careless employment agencies ❖There should be greater cooperation and coordination between the bodies involved in inspecting and enforcing the range of legislation already enacted to protect workers’ rights. ❖A study should be made of the possibility of establishing a network of “drop-in centres” for migrants. |
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