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September 07, 2007

Aloha Ireland

TODAY, GOOGLE SCHOLAR Keola Donaghy (at right) experienced part of the "One Hundred Thousand Welcomes" that makes landing in Ireland a cringe-worthy experience. He was refused leave to land in Ireland at Dublin Airport and then bundled up into a return flight to New York City. His experience contrasted dramatically with my landing in Maui Airport many flights ago. After landing there, a charming Hawaiian wrapped a lei around my neck. In Dublin, Donaghy didn't even get a packet of crisps. Donaghy and his family will probably remain in the States instead of him attending University College Cork where he was accepted as a PhD student in music. His adjudication by the Garda National Immigration Bureau and the subsequent distress felt by his family annoys me at many levels. His treatment increases the Irish Friendliness Deficit. Those who read my column in the Irish Examiner and anyone who follows this blog knows I have first-hand experience in being refused entry to several foreign countries so when anyone else comes through immigration with thumbs-down, I recall some of my own experiences. I won't revisit my own moments here but I have some gut reactions concerning the Donaghy case. In a nutshell, here's the rub: something is wrong with the system when immigration sets the bar for entry without recourse on the scene of entry. In today's society, that's how things are done but it is my opinion that this is not best practise.

The University College Cork (UCC) played a part in refusing Donaghy entrance to Ireland. I wonder if Cork-based bloggers agree with this analysis. After admitting Keola Donaghy as a post-graduate student and enjoying the revenue generated from a foreign national student, UCC did not provide a method for Donaghy to acquire more than a student visa. This is an essential step for a mid-career professional accompanied by a family. For those who do not know how the "student visa" designation works in Europe, a student visa is one step above welfare tourist. All of Europe's English language school scams generate student visas that become long-term residence documents, even when they run their term. So when a student visa appears in front of a Garda Immigration Desk, it is going to generate unwelcome questions. UCC, and every other third level in Ireland, runs post-graduate work schemes that pay well below the industrial wage but can be used to generate a residency permit and then a work permit. One would expect that UCC knows how to make this process work because other third level institutions do it with good effect.

The Irish blogging community needed to offer more direct evidence that would have helped Donaghy see that no one answer is the single right answer in many matters of Irish immigration. Keola needed to know stop-words that guarantee detention or deportation because all the immigration guys often want to do is to put you into a category. Passport control does not exist to welcome you to a country. I have bullied my way into countries with an armed presence behind me. Passport control officers do not appreciate that kind of entrance and on two occasions have met me with a 50 calibre weapon bolted onto an armor-plated jeep. With the American flag on my tail, I have flown into countries below radar coverage and landed with impunity. But to leave the tarmac, I had to negotiate with someone who wanted to see my passport and I developed an attitude that sticks with me today. Passport controls are hurdles you need to jump to experience the country. Although my previous career in black ops probably disqualifies me as a credible authority, I needed to better explain to Donaghy how I still routinely crease the Irish border with invalid passport stamps and out-dated identity documents. This is not the art of deception. It is the practise of administrative communications. Another Irish blogger might have explained how she has convinced both American and Irish immigration authorities that she will not remain beyond her three-month stay once stamped at the arrivals gate. A newspaper editor with a well-regarded blog could have shared some quips that he has used to placate the Department of Homeland Security when his documentation raised concerns. An Irish-American freelance writer could have pointed out the paragraphs buried deep in the Department of Justice documentation that might have given Donaghy special consideration had he been able to generate the case number before landing in Ireland. Not all of this inside information is relevant to Donaghy's case but the point is this--if a member of the Garda National Immigration Bureau has to consider a new arrival under more than one category for entrance into the country, the new arrival can often shed membership in the student visa caste. And the second point is this: a lot of people with dodgy explanations get into Ireland every waking hour.

Few people see the inner workings of the holding tank where refusalgees are kept. I sat in a creaky chair for six hours one evening and then spent the night on a common cell in Mount Joy prison. That was a one-off event that I actually enjoyed but it's not suitable family entertainment and it emotionally drained my fiance. Since my welcome, things might have changed. Donaghy points to prominent signs now posted that prohibit the use of mobile phones. He communicated with Twitter and Jaiku. Those reading tweets rang around but got no satisfaction. When you sit in that special place between the airplane and the passport control desk, you are not in Ireland so you cannot get legal aid. You can get the assistance of a TD, but that line of questioning goes as far as asking the superintendent to ensure that all documentation has been processed correctly. Only the Minister for Justice can direct handling of the case downtown. That formal direction is hardly ever given because it normally means either stamping permission to remain three months as a tourist or handing over the refusalgee to the custody of a garda officer. Donaghy did not get that far. He and his family never left Dublin airport.

Many countries will code your passport when they deny your entry. Mine got a crossed page and the signature of Detective Sergeant Michael Walsh (see right). When I dropped into London the next week, British immigration rang the sergeant for his side of the story before granting me entrance to the European Community as a tourist. I used that tourist status to hang out in Ireland while my work permit was being re-approved. It took months but I had a new house to carpet, rooms to paint and two dogs to walk so things flew by fast. I had to ignore the phone calls offering nixers because when you're a tourist in Ireland,  you cannot work for pay.But as my garda neighbour helpfully explained, no one cares about "exchange of services" since it's not something Revenue minds him doing when he repairs cars.

I am not advocating any kind of illegal activity in the case of Americans wishing to complete their post-graduate research in Ireland. I think everyone should pay their taxes and respect the commons. People should not drive faster than the posted limits and when stressed people should consider ringing up a friend instead of drowning their sorrows. I am also advocating the examination of the case file in the case of Keola Donaghy and additional training for academic registrars in Ireland concerning matters of mid-career professionals who are enriching Ireland for all those who enjoy her welcomes. Speaking from experience, I have enjoyed my 12-year stay in the country of my forebears. And although nothing about Irish immigration makes me feel welcome, I think I might stay a while longer. I wish Keola Donaghy could have shared my joy in this island nation. He writes about his half-day in Dublin below.

 

September 8, 2007

Aloha mai kakou (greetings to all)

My name is Joseph Donaghy, and I am an Assistant Professor of Hawaiian Language at the University of Hawai‘i at Hilo. Some of you may know me by my Hawaiian name Keola. It is not my legal name, but given to me in my youth by a Hawaiian family that I was very close to, and I have used it for many years.

Late last year I applied to the PhD program in ethnomusicology at University College Cork, and received my word of my acceptance early this year. I immediately contacted the International Student Office and began to make arrangements to travel to Cork and begin study in September 2007. Very early in this process our contact there became aware that my wife and daughter traveling with me could be an issue. She made several calls to the Garda immigration office, and got several different answers. After several months she indicated that their local Immigration had checked with GNIB Head Office, and they were informed that “if the student had sufficient funds and the child was registered in a private school there shouldn't be a difficulty.”

We were checked around for schools for our daughter Denyce (Hawaiian name Malia), and enrolled her in St. Aloysius' school near the University. The principal informed us that Denyce could enroll in the school, and that we could reimburse the school the capitation fee that they receive from the state, along with some other administrative fees. She stated that there was plenty of room in the school's Transition Year program, and added that “her presence here will add to the educational experience of our Transition Year students and we are delighted to have her on roll. (sic)”

To cover the financial side, we brought with us a bit over $4,000 Euro in cash, a bank statement showing a balance of over $10,000 US that we would be able to wire to an Irish bank upon arrival, and a bank statement showing a credit line of over $55,000 US available to us. We did this to be able to demonstrate that we had the financial resources to live in Ireland without being a burden to the state.

Upon our arrival on September 7 we went straight to immigration, and were greeted by an immigration officer. We showed him our passports, I identified myself as someone who was accepted as a student at UC-Cork. I explained that as we were instructed that we had exit tickets to England within three months, and that we had arranged for our daughter to attend St. Aloysius' school in Cork. He asked how much we were paying and told him that we were told we only needed to reimburse about 500 Euro, the amount of the capitation fee that the school would normally receive from the state. To make sure that we were safe, I contacted the Southern regional office of the Department of Education and Science and explained our situation. They told me that we were free to enroll Denyce in any school we wished.

I don't recall at what point specifically I detected that there was a problem. He remained very courteous, but the officer was clearly not happy with what I was telling him, and uttered "no no no no no" and told us we could not come into the country, and that dependents of people traveling on student visas were not allowed into the country. I asked if they could come just on a three month visa, and he replied no. He said that I could stay in the country, but my wife and daughter would have to leave. I explained that was not an option for us, and that if we were not allowed in the country that I would have to leave with them. I asked if I could come in on just a visitor visa with them and work the situation regarding school out later, and was told no.

We were asked to stay in the waiting area while the several officers processed passengers from our large flight and several others. When the crowds subsided the officer came over and talked to us. He remained very pleasant and courteous throughout the entire encounter, but explained that if we were paying only 500 Euro that St. Aloysius' was not a private school and that our fees would be much higher. I produced a short email from the principal of St. Aloysius stating that they had accepted Denyce. He replied that this was insufficient. I told him that the International Student Office at UC-Cork had worked with the immigration office in Cork and that they were told that my wife and daughter could stay as long as they were not a burden on the state. I asked if his speaking with our contact there would help, and he said it would not. Our contact there did call on our behalf later, and was informed of the law, and that there was nothing else to be done. It was quite clear to me at this point that the officer had made up his mind and that nothing I could say would convince him otherwise.

The officer informed us that the only flight back to Los Angeles had already left, and that while my wife and daughter would be allowed to stay the night in Dublin, I would be required to remain in detention until the next day. I asked if they could get us to anywhere else in the US that day. He replied that they were obligated to return us to our port of departure, but that if we wished to be returned to someplace closer, that was our prerogative, but they would not pay for us to get back to LA. I said that was not an issue, and if possible we could go back to New York, Boston or Chicago, in that order of preference. We ended up being sent back to New York later that afternoon.

He did return a few times to check on us, another officer came by and asked if we were hungry and needed anything to eat. We have no issue at all with any of the officers that we encountered, and we in turn treated them with the same consideration. Perhaps I should have pressed our case harder, but as a former police officer myself we remained respectful of his authority. He did mention at some point in the process that he had checked with his superior, who supported his decision to deny us entry. I offered to show him some of the correspondence I had with both UCC and St. Aloysius' but he did not wish to look at it. I never received the opportunity to show him any of our financial documents, either.

At one point in our conversation I mentioned that it had been suggested to us to simply claim we were coming as visitors in Dublin and deal with immigration when we got to Cork. He asked who told us to do that, and if it was anyone from the university. It was not, and I don't even recall which of the many people I've spoken to on the internet while we were planning our trip suggested this. Regardless, we never considered trying to be deceptive, and the price of our honesty was being refused entry. I was flabbergasted  that the reason given by the officer on our refusal letters was to cite the Immigration Act 2004, section K. which states:

That there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the non-national.

He never once indicated to me that he felt we were being untruthful, and that the sole reason for our being refused entry was the fact that dependents were not allowed to accompany those traveling with student visas. While I noticed this during out detention, I did not challenge him on it. There were several individuals being held in a small room adjacent to the waiting area, and I believe that if I challenged his authority or opinion that perhaps I would be forced to join them and leave my wife and daughter alone in the waiting area. My daughter was particularly distraught, and did not want to have her see them taking me away to a different holding area. We had also been up for over 36 hours traveling for over 24 of them from Hawai‘i with a brief visit with my brother during our LA stopover, and I had gone nearly sleepless the entire time.

While we had no working phone, there was Internet access in the area, so I quickly contacted my many friends in Ireland, asking if they knew anyone who could possibly help. They did their best but to no avail. After about two hours the officer came by and mentioned that it seemed half of the island had called on my behalf, but that they all got the same answer. He did not state what that answer was, but I knew that it was the same on we had received – that would have to leave.

We were taking to an Aer Lingus plane shortly before 5PM. I thanked the officer for his kindness before we left. It had been one of the worst days of my life, but it certainly could have been worse if he and the other officers had not been as courteous as they were. We arrived at JFK airport in New York later that evening, and are currently staying at the Crown Plaza Hotel in the JFK area. Don't let the name fool you, the hotel is hardly royal in stature. We will remain here into early next week, hoping for a miracle that will allow us to return to Ireland. If it doesn't happen, we will likely return to Hawai‘i late next week.

As disappointed as I am for myself, I am devastated for my daughter, who was really looking forward to spending a year among students in a foreign land, and being an ambassador for bother her own school and Hawai‘i. My wife was looking forward to spending a year exploring Cork, at no cost to the state, learning the arts, and probably spending a lot of time with the young children of our many friends there.

I understand the need for immigration laws and officers. We went to Ireland in good faith, believing that we had done everything required of us to enter and stay in the country. We were completely honest with the immigration officer, no matter what he thinks to the contrary. If anyone reading this letter can help in any way, please contact me at donaghy@hawaii.edu or keola@nahenahe.net. Please feel free to forward this letter to anyone you think could help us. I can send you our cell phone number. Unfortunately the phone in our hotel room is not functioning. I have mentioned no names in this letter because this is not a personal issue. I can send the name of the immigration officer privately if it would help.

Mahalo nui loa, go raibh mile maith agat.
Keola, Marie and Denyce Donaghy
Hilo, Hawai‘i

Alexia Golez -- "Immigration Woes Mean Keola & Family Must Return to USA"
Conor O'Neill -- "Irish Immigration Control is a Disgrace"
James Corbett -- "Disgraceful Irish Immigration Control Blunder"
Conn O Muineachain -- "Wake Up Ireland! Keola Doesn't Need Us."
Keola Donaghy -- "New York, Day One"
Keola Donaghy -- "New York, Day Three"
Tom Raftery -- "Can anyone help Keola?"
Ruairi Quinn -- "Confusion over immigration policy regarding visiting students"

MORE: Turning Back the Clock on the Knowledge Economy

Previously -- "Refused Leave to Land a Year Ago"

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Posted by Bernie Goldbach at 07:42:00 PM in Travel

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» Clarification And Further Thoughts From NYC from Culture Hack
Ive been following the blog posts by my friends in Ireland, and the comments they have generated. To clarify on a couple of points: Regarding St. Aloysius and my possible disregard of immigration requirement of enrolling Denyce in a R... [Read More]

Tracked on September 09, 2007 at 03:19 AM

» Turning Back the Clock on the Knowledge Economy from IrishEyes aka topgold
THE IRISH IMMIGRATION SERVICE, in an act which many believe is an arm of "a bureaucracy gone mad," has refused leave to land to an American university educator and Google scholar who had intended to earn a PhD as an international student on his interna... [Read More]

Tracked on September 15, 2007 at 08:36 AM

» Americans Attending Irish Schools from Inside View from Ireland
AMERICANS THINKING ABOUT attending Irish schools, colleges and universities need to think about whether the fees they pay to the Irish I have followed James Britton in his educational pursuits at NUI Galway. He came to Ireland with his wife and young s... [Read More]

Tracked on December 04, 2007 at 06:50 AM

» St Patrick's Day Warning for Blacks from Inside View from Ireland
IF YOU BACKPACK into Ireland for a cultural celebration and you're not Caucasian, you will enjoy a closer review of your intentions. That's what a group of three students discovered when trying to make a short break into Dublin right around St Patrick'... [Read More]

Tracked on March 28, 2008 at 10:18 AM

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Make it your own, keep it clean

Fri, Jun 24, 2011

SUCCESS STORIES: In the last in a series of Irish success stories, CARL O’BRIEN meets Emily Diebold, who set up a group of volunteers to keep her local beach clean. Now her model is being adopted in towns and villages around the country

IT WAS THE day after a scorching May bank holiday in 2009 and radio phone-in shows were crackling with anger. Rubbish was piling up on the country’s beaches. Food, disposable barbecues, beer cans and other day-trip detritus were scattered along otherwise scenic parts of the coast.

Local authority cuts to litter-collection services were just part of the story, callers said. Some fretted about a collapse of civic values or how the “dirty Irish” were increasingly out of step with their more civilised European neighbours.

“It was so, so bad,” says Emily Diebold, a mother of four, of Skerries beach in north Co Dublin. “There was litter everywhere. The council told us they didn’t have the resources to clean the beach itself, only the litter bins . . . But the beach here is the jewel in the crown of this town. It’s what attracts people to come here. People’s jobs depend on it. So, we had to do something.”

An impromptu clean-up helped to get rid of the mess in the short term, but something far better organised and more sustainable was needed to prevent the problem recurring.

So, how do you begin to encourage an entire community – families, schools, businesses, local authorities – to assist in regular clean-ups? The answer, the volunteers discovered, lay in giving the community a sense of responsibility for the area.

The Adopt-A-Beach concept was born. The idea is simple: the beach is divided into dozens of plots that are “owned” by volunteer families or groups. Each group cleans and maintains its plot for a year. Rubbish bags and cleaning implements are made available by local businesses, while the council picks up any bags of specially labelled rubbish left out for collection.

“People may not have a lot of time to give, so we needed something that was very flexible,” says Diebold. “So, people who are signed up clean whenever they can. If you’re going for a walk along a beach, then bring a bag with you. Get the kids involved. Make it a habit, not someone else’s problem. That was the idea.”

The initiative, which is the first of its kind in Ireland, has been a big success. As well as winning a number of awards, it is oversubscribed with volunteers and the beach is pristine, even after busy bank holiday weekends.

Other towns are now adopting the idea to encourage residents to keep their beaches, streets or roadways clean. The model is helping to strengthen community ties and point towards a new kind of model for volunteerism.

“I think in the current climate there’s a big shift towards communities doing things for themselves,” says Diebold. “We know we can’t wait around for public authorities to do it. This kind of thing happens in other countries, so why not here?”

DESPITE THE LONG tradition of Tidy Town competitions, Ireland continues to have a problem with litter.

A recent EU survey of Irish attitudes towards the environment found domestic litter was the greatest cause of individual complaint. A key part of the problem centres on who is responsible for collecting litter. “There’s still a sense that it’s very demeaning to pick up other people’s rubbish, or that it should always be someone else’s job,” says Diebold.

Joyce Moore-Forbes, a volunteer and long-standing litter collector from Skerries, agrees. “It’s very Irish to give out about what the council isn’t doing,” she says. “We often don’t stop to think about what we can do ourselves.”

That’s where schools come in. The organisers have been keen to work with all the area’s schools, as well as Sea Scouts and swimming clubs, to involve young people in clean-ups and change our mindset towards litter.

“If you get children into the habit of cleaning up, then they become more responsible and don’t always assume it’s someone else’s problem,” says Diebold.

“It’s also a nice thing to do as a family: go for a walk with the kids, collect some litter, and help improve the community at the same time.”

Sometimes, however, practical obstacles can hinder the most well-meaning of initiatives.

That bugbear, insurance, raised its head early on. The organisers were aware they could be liable for any harm that came to litter collectors, but the cost of taking out insurance would have been prohibitive.

A solution came in the form of An Taisce, the national trust for Ireland. Coastcare is an arm of the organisation that involves local people in caring for their coastal environment. By joining this wider group, organisers were able to avail of public liability insurance.

“We also encourage everyone to use gloves or litter pickers, and not to touch anything dangerous like syringes or other hazardous items. The last thing we want is for someone to come to harm,” says Diebold.

All sorts of unexpected items end up on Irish beaches, it turns out.

Socks and boxer shorts are always being left behind. The odd battered suitcase washes up on shore, as do fishing gloves, ropes and lobster pots. Quite a bit seems to come from the UK. Recently, three silver royal wedding balloons found their way onto the beach. It’s all in a day’s work for the beach guardians.

THE SUCCESS OF THE group owes much to the sense of community there is in Skerries. Voluntary groups are thriving with hundreds of people giving their time to everything from community centres, caring for older people and sports clubs. When two local fishermen were lost at sea last April, at least 6,000 people turned out as part of a “march of solidarity” in a town with a population of about 9,500.

So how would an Adopt-a-Beach group survive in an environment not blessed with such strong community ties? “At the end of the day, it only takes a few people to start something like this,” says Moore-Forbes. “The vast majority of people are proud of where they live and they want to improve it or maintain it.”

The Adopt-A-Beach organisers are convinced their model can easily be adapted in other communities, but they say a number of decisions early on contributed to its success.

“Involving the local authority was important,” says Diebold. “They provide us with bags, they remove litter and come out and help with bigger items of rubbish. An Taisce has been great in providing us with litter pickers and other items.”

Spreading awareness has also been key. Diebold edits a local monthly newspaper, the Skerries News , to keep the community abreast of developments, while social networking sites have also made the job a lot easier.

But perhaps the most important piece of advice they have for other groups is the most simple.

“Just get out there and do it,” she says. “Don’t wait around. Don’t wait for the council. Don’t think of all the obstacles. If you lead by example, then other people will follow.”

---

Read the series online at irishtimes.com/indepth/success-stories

© 2011 The Irish Times

Schools 'have to teach' religion

PATSY McGARRY, Religious Affairs Correspondent

Fri, Jun 24, 2011

The three-day forum on school patronage at the Department of Education enters its final day today.

Educationalists were told yesterday it is not possible under current legislation for a school in the Republic to be religion-free.

Speaking at a public hearing before the forum on patronage and pluralism in the primary sector in Dublin yesterday, Prof John Coolahan said that “it would appear the State is prohibited” from allowing non-religious schools.

Prof Coolahan is chairman of the advisory group which this week has been questioning in open session stakeholders in the primary schools sector on submissions they have made on diversity of patronage.

He made the observation while questioning a delegation from the Irish National Teachers Organisation.

Speaking to the media later he said since 1926 the rule in this State was that religious instruction had been “asserted as part of the school day”. It was stipulated that religion and the spiritual “should inform and vivify the whole world of the school”.

Áine Hyland, who had been involved with the Dalkey School project in the 1970s, explained to reporters present the reason why that school was described as “multi-denominational” as opposed to “non-denominational” was because of Department of Education insistence that it comply with this rule.

Yesterday, the second day of the hearings which began on Wednesday, six further groups appeared before the advisory group of Prof Coolahan, Dr Caroline Hussey and Fionnuala Kilfeather. The groups were Educate Together, an Foras Pátrúnachta na Scoileanna Lán-Ghaelige, Gaelscoileanna Teoranta, the INTO, the Islamic Foundation of Ireland and the Irish Vocational Education Association.

Opening proceedings Prof Coolahan said when it came to a plurality of patrons in the primary sector, there was “general recognition we have a problem . . . which is not unanswerable”. It was something “we do not want to leave unattended as it could lead to conflict and damage in local communities. It’s not what Ireland needs now.”

In his responses to questions from the advisory group Paul Rowe, chief executive of Educate Together, said that “in our experience very, very few people in Ireland want their children educated in an environment without a belief system.

“Our experience is that it is an absolutely minimal demand in the Irish context.”

However what parents wanted for their children “had to be heard”, he suggested, adding that such preference “has never been measured properly in the Irish context”. Such a survey of pre-school children would allow the State plan accordingly.

Where Educate Together was concerned, he said, parental demand was such that, as an example, in the Portobello area of Dublin 300 children were now seeking places where only 60 were available in their schools.

He agreed with Dr Hussey that an independent preference body, with a CAO-type role, “could address the question of enrolment”.

It could operate under a local authority but would have to be independent of any patron of a school, he said.

“All parents in receipt of child benefit could receive a second form for children under three years” on which they “could mark their preference 1,2,3...”

The key dynamic in the sector was “parental choice”, he said. He also believed that “as a policy the State should own the schools and allocate leasing arrangements according to demand”.

Educate Together had “no interest in acquiring sites or buildings” and had found “other patron bodies extremely accommodating” when it came to sharing properties.

“The media perception of turf wars (between patrons) is a mistaken one, in my view,” he said.

© 2011 irishtimes.com