Draconian procedures need review

THE humiliating U-turn by Justice Minister Michael McDowell in allowing a 19-year-old Nigerian student to return to Ireland and sit the Leaving Certificate exam represents a resounding victory for people power.

Thanks to the solidarity of fellow students who protested outside the Dáil against his peremptory deportation, Olunkunle Eluhanla has been granted a six-month visa to complete his studies at Palmerstown community school.

Despite his reputation as a minister who is not for turning, Mr McDowell was embarrassed into relenting by the sheer scale of the controversy, plus the realisation, amid noisy protests spearheaded by classmates of the Nigerian pupil that he had shot himself in both feet.

Besides attracting widespread public sympathy, the campaign had the backing of the Teachers’ Union of Ireland, the articulate support of Socialist TD Joe Higgins and the blessing of Archbishop Diarmuid Martin of Dublin.

Mr McDowell’s admission that he was “wrong” and it was time to “stop digging” came as a major surprise. Doubtless, his decision to reverse the deportation order on Olunkunle will be warmly welcomed.

It is stating the obvious to say that Ireland cannot have an open-door policy for refugees and asylum seekers. Nor is there any argument about the need for Government to set down clear parameters on immigration.

But what has given rise to public concern of late is the strong whiff of the jackboot attached to the way deportation policies are implemented under the McDowell regime.

As witnessed in the case of Olunkunle Eluhanla, the youth was even wearing his school uniform when he was summarily apprehended and put on a plane, along with 35 other refugees last week.

Another Nigerian boy, a 15-year-old pupil from a secondary school in Castleblaney, was deported that day. Despite strong protests from the school principal and his fellow pupils, that deportation order was not reversed.

One obvious conclusion to be drawn is that Palmerstown carries more weight than Castleblaney where Mr McDowell is concerned.

It should not be forgotten that several Nigerian women and children, including one woman who reportedly had to be sedated in advance and then put on a drip during the flight, were also deported by charter plane.

Making a bad situation worse, Mr McDowell issued a trenchant defence of the 19-year-old’s deportation, claiming that all avenues had been explored, that the case had been examined by two tribunals.

With the characteristic self-righteousness of a minister who is on the far right of the political spectrum, he went on to dispute the youth’s age, claiming he was 20, and argued that he had not been deported in his school uniform. This raises serious question marks about Mr McDowell’s credibility and judgment.

By reversing the deportation order, he has set a precedent, despite his claim to the contrary.

Furthermore, his sudden volte-face has underlined the need for the manner and process of deportation procedures to be reviewed.

Like it or not, Ireland’s immigration authorities are widely perceived as adopting a draconian approach towards refugees. So much so, indeed, that a number of Nigerian children have gone into hiding in Athlone with the help of the local community.

There is a compelling argument for the State to be less harsh and more compassionate.

Hopefully, on ‘mature reflection’ Mr McDowell will in future take greater cognisance of the humanitarian side of immigration.

Above all, he should remember that he is Minister for Justice, with all that word implies, and not Minister for Law and Order.