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<strong>improving</strong><br />

<strong>government</strong><br />

<strong>service</strong><br />

<strong>delivery</strong><br />

<strong>to</strong> <strong>minority</strong><br />

<strong>ethnic</strong> groups<br />

Chapter 4: Ireland Research Findings 114_115<br />

This is currently a voluntary process; however under NPAR, research has been commissioned in<strong>to</strong> considering<br />

a new statu<strong>to</strong>ry ‘positive duty’ for Ireland, including a review of existing models and legal frameworks for<br />

positive duties (or their equivalent) developed in other jurisdictions, including Northern Ireland.<br />

Ireland does not, as yet, have a definition of ‘institutional racism’ comparable <strong>to</strong> that given in the Stephen<br />

Lawrence Inquiry Report and which has subsequently become a key fac<strong>to</strong>r in formulating new British policy.<br />

Moreover, the legislation, policies and structures described above, constitute a largely ‘complaints-driven’<br />

mechanism where the main outputs currently measured are the volume of complaints and the redress which<br />

complainants receive.<br />

New legislation in preparation<br />

In 2005 the Department of Justice, Equality and Law Reform published Immigration and Residence in Ireland –<br />

Outline Policy Proposals for an Immigration and Residence Bill. Intended as a discussion document, proposals<br />

for legislation will be introduced in due course.<br />

The Employment Permits Bill 2005, which is still going through the parliamentary process, is intended <strong>to</strong><br />

provide a comprehensive statu<strong>to</strong>ry basis for a managed economic migration policy. This Bill is sponsored by the<br />

Minister for Enterprise, Trade and Employment.<br />

A number of issues remain <strong>to</strong> be addressed. These include various aspects of integration policy; it is likely that<br />

the establishment by the Department of Justice in 2005 of the Irish Naturalisation and Immigration Service<br />

(INIS) as a one-s<strong>to</strong>p shop for immigrants will lead <strong>to</strong> new initiatives in this area. A more detailed regime for<br />

economic migration, including the possible introduction of quotas and points-based admission systems, is also<br />

possible.<br />

Data collection issues<br />

The relative absence of data in intercensal periods presents an ongoing difficulty. While accurate data exists<br />

in the case of work permit, work visa and work authorisation holders, as well as asylum seekers, refugees and<br />

persons with leave <strong>to</strong> remain, we know little about their social conditions, economic circumstance, access <strong>to</strong><br />

<strong>service</strong>s and experiences of racism and discrimination.<br />

There is no up <strong>to</strong> date data on EU/EEA migrant workers and citizens other than those from the new EU10<br />

states. Moreover, Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004<br />

will abolish residence permits for EU citizens. This will mean that little data will be obtainable on EU citizens<br />

resident in Ireland. The situation for new Accession State migrants is somewhat different only insofar as<br />

relevant PPSN data is being published regularly. As pointed out already, the usefulness of such data is limited<br />

as it is not possible <strong>to</strong> say how long such migrants remain in the country.<br />

Comprehensive data on foreign students attending Irish third level institutions is available but statistics are not<br />

published for the considerably larger number of foreign students attending private language schools.<br />

Data is not published on the number of spouses of migrant workers present in the country, either where such<br />

spouses have an au<strong>to</strong>matic right <strong>to</strong> be here (for example the spouses of EU citizens), or in family reunification<br />

cases (other than refugees), where such rights are discretionary. There is no comprehensive national database<br />

giving details of migrant children enrolled in the Irish school system or related data such as patterns of<br />

absenteeism.

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