The Minister for Justice has signalled his intention to introduce legislation amending the Refugee Act passed by the last Dail but not yet implemented.
Mr O'Donoghue has told UN officials he intends to make changes to the Act steered through the Oireachtas last year by the Labour Party Minister of State, Ms Joan Burton. He has also promised to consult the UN High Commission for Refugees (UNHCR) before making any changes.
Among the amendments being considered by the Minister are a number of measures designed to speed up the processing of applications for asylum. These include the appointment of a panel of refugee applications commissioners, instead of a single commissioner as proposed in the Act.
Over the past month, the Department has introduced a hardline approach to illegal immigration which has resulted in the deportation of more than 300 people to the UK.
Decisions on whether or not to admit non-EU immigrants, or to allow them apply for asylum, are effectively made by gardai working as immigration officers, in consultation with Department officials. There is no outside legal involvement, and no facility for appeal, as provided for in the Refugee Act.
This legislation passed all stages in the Oireachtas in June 1996, but its implementation has been dogged by various delays. Money had to be found to fund the new positions, and there were disagreements over the scheme of legal aid to be provided for asylum-seekers.
Just as these problems were addressed and it seemed as if the Act would come into force, a former Minister for Justice, Mr Patrick Cooney, successfully sought a High Court injunction blocking its implementation. Mr Cooney is challenging the validity of the competition for the position of refugee applications commissioner.
The post was advertised by the Civil Service Commission last January at a salary of £53,216. Applicants were required to have at least seven years' experience as a practising barrister or solicitor. Mr Cooney (66) is a solicitor.
A spokesman for the Department of Justice declined to say if the Minister intended to introduce amending legislation. This was because the Refugee Act was the subject of High Court proceedings, he said. Mr Cooney's case is unlikely to be heard until the autumn.
In a meeting last month with UNHCR officials, Mr O'Donoghue apologised for the previous government's failure to consult the UNHCR before introducing new regulations clamping down on immigration by non-EU nationals arriving from other EU states. He assured the London-based officials they would be informed in advance of any future changes.
The non-implementation of the Refugee Act has been widely criticised by groups working with asylum-seekers. Aside from the appointment of an independent commissioner to process applications, the Act also provides for an appeals procedure and limited legal aid for asylum-seekers.
More than 2,300 asylum-seekers came to Ireland this year to the end of July, according to Department figures. This compares to 1,179 for the whole of last year.
