Government plans that would require foreign nationals to produce a passport, residence permit or biometric data on demand from a garda could lead to widespread discrimination against Irish citizens who are members of ethnic minorities, the State's human rights watchdog has warned.
In a detailed examination of the Immigration and Residence Bill sent to the Department of Justice earlier this week, the Irish Human Rights Commission expresses concern that key elements of the legislation may be in breach of human rights law.
The Bill would widen the powers available to gardaí or immigration officials by allowing them to stop foreign nationals, inspect their ID or provide biometric data - such as fingerprints or iris patterns - to verify their identity.
However, in a submission seen by The Irish Times, the commission says this requirement is "excessive" and places a "disproportionate" burden on Irish and foreign citizens.
The plan could lead to discriminatory treatment against people on grounds of colour, race or religious dress, while Irish citizens who were not able to prove their nationality without ID could also be affected, the report says.
It cites the disproportionate use of stop-and-search powers in the UK, where the black population is almost seven times more likely to be subjected to a search than the white population, according to latest research.
Other areas of concern highlighted in the report include a restriction on marriage that stipulates that asylum applicants and holders of temporary residence permits may not marry without first getting an exemption from the Minister for Justice.
Under the legislation such an exemption would only be given once the Minister was satisfied that it was in the interest of public security or public policy to do so.
The commission says these provisions amount to a "serious restriction of the right to marry" under the Constitution and under the European Convention on Human Rights.
Its report says: "If this measure is being introduced for immigration control purposes to prevent persons from marrying in order to gain residency or other rights from that marriage, is there evidence to suggest that this is in fact a pressing social need requiring this restriction?
"In the absence of such evidence, the commission is of the view that this measure cannot be justified as being in pursuit of a legitimate aim under the European Convention on Human Rights and the Constitution," it adds.
The commission also says prison is not a suitable place of detention for asylum-seekers and other immigration-related detainees.
Yet it notes that the legislation contains provisions that allow for the arrest and detention of asylum applicants in a "prescribed place".
The human rights body says it is particularly concerned about the "negative impact" on children whose parents are detained in prisons on immigration-related grounds, and who are then placed in the care of the Health Service Executive (HSE).
More broadly, the commission recommends training and guidelines to ensure that every organ of the State performs its function in a way that complies with the European Convention on Human Rights Act 2003.
