‘Nazi-like’ immigration legislation under fire

A FORMER adviser to three Fianna Fáil Taoisigh criticised the Government yesterday for rushing through immigration legislation, branded as Nazi-like in the Seanad yesterday.

Dr Martin Mansergh a former special adviser to Charles Haughey, Albert Reynolds and current Taoiseach Bertie Ahern criticised the Government for not allowing senators enough time to consider the Immigration Bill 2004 before forcing all stages of the Bill through the Seanad.

The bill is required to patch up legislative loopholes arising from a High Court ruling last week that sections of the Immigration Act 1999 were unconstitutional.

The bill provides for medical screening of all non-nationals as well as a raft of new powers for gardaí and immigration officers, including the power to refuse entry to disabled and mentally ill immigrants.

The bill was passed by the Seanad yesterday despite a walkout by the opposition.

Dr Mansergh said it was particularly unsatisfactory that "most of us have not had proper time to study the possible ramifications, difficulties and pitfalls of the legislation".

"There is a danger that the less time we spend discussing a measure, the more likely it is that it will be struck down by a court in the near or middle future and then we will have to go through the process again," he said.

"I am not particularly happy there has been due process in the sense that we have not had proper time to study this legislation. If one is on the Government side, one essentially must take it pretty well on trust. It would have been beneficial to have had more time to look at the situation. I am a little surprised," Dr Mansergh added.

And in a deliberate broadside to Justice Minister Michael McDowell, Dr Mansergh warned that the Government should be paying more attention to due process.

"When these matters come up in the future, ministers should pay more attention to proper process and to the fact that this affects the public's confidence in legislation. If the public sees legislation being rushed through, particularly legislation on important and sensitive areas, it can undermine confidence.

"The message about process should be taken back to ministers. It is important they pay attention to the Seanad and the Dáil and give parliament reasonable time to consider important and urgent legislation such as this," he concluded.

The controversial bill, which the Government will push through the Dáil next week, also drew scathing criticism from opposition senators who described the it as Nazi-like.

Independent senator Joe O'Toole said he was embarrassed and ashamed to be associated with the bill.

"This is a day of shame, embarrassment and dismay for anyone who cares about equality of civil and human rights in this community.

"If this bill had been introduced 50 years ago, it would have been described as naked fascism that people with disabilities were being refused their rights by a sovereign and democratic government.

"It is more than I can stand for or live with. This bill is rooted in an Aryan philosophy that would be worthy of Nazism at its worst," he said.