Statements on Direct Provision 22 January 2015

I hope the Minister of State has a little bit of latitude given the lack of Members in the House. We are approaching the 15th anniversary of the system of direct provision, a system that places asylum seekers apart and away from the community in conditions described by some as warehousing and others, who have made their way out, as open prisons. Therefore, it is not an anniversary that any of us here are celebrating. I welcome the Minister of State’s willingness to come to the House and debate the issue and his statements on the issue.

 

The significant length of time that asylum seekers and their children may have to stay in direct provision centres is something that I have raised consistently in this House along with many of my colleagues, most recently in the context of the Immigration (Reform) (Regularisation of Residency Status) Bill, initiated by my colleague, Senator David Norris, and I in October 2014. While we were not successful in our endeavour since our efforts on that date, I note that the Irish Refugee Council and Doras Luimní have published a joint proposal for a one-off scheme to clear the existing and significant asylum backlog, and I am happy to support that initiative.

 

There have been some welcome developments in recent months such as the assurances from the Minister for Justice and Equality that the International Protection Bill will be published by the end of January. I am sure the Minister of State is confident of the input and expertise he can expect from this House in shaping the most robust, fair, accountable and transparent system for protection status determination as possible.

 

I also very much welcome the appointment of the working group to examine improvements in the protection process and direct provision system, and it is on its work that I will focus. I noted with concern when reading the terms of the working group that the first proviso for the recommendations for improvements to be brought forward by the group states that “in light of the budgetary realities, the overall cost of the protection system to the taxpayer is reduced or the remains within or close to current levels”. The current system of direct provision is rampant with human rights breaches. While I do not need to remind the Minister of State, I would remind the Government of the position maintained by the international human rights fora that a state’s obligation towards the promotion and protection of human rights is not diminished by economic and financial crisis.

 

Like many, I eagerly await the recommendations of each of the three thematic groups, but I would be particularly interested to see the outcome from the theme two Group, which will deal with improved supports. There are a number of issues which I have raised repeatedly. One is access to education opportunities. I have long decried the fact that with no current prospects for post-secondary education, we are effectively hitting the pause button on young asylum seekers’ lives. I meet them all too often and see that the light has gone out because there is no hope for them within that system. Another issue is access to the labour market. Ireland is the only country in Europe not to have signed up to the Recast Receptions Conditions Directive. I have yet to be presented with convincing evidence of the pull factor so desperately feared with respect to allowing asylum seekers access the labour market, but I have spoken to enough individuals trapped in the asylum system who have spoken of the devastating impact of enforced and prolonged idleness on their family dynamics, self-esteem and mental health to know that the human price paid is far higher than the cost of this so-called pull factor. There is scope to increase the weekly allowance paid to residents and children, which has not increased in 15 years, and with no entitlement to discretionary social protection supports, in effect we see many living in poverty and not being able to have the same, or even near the same, opportunities as other children. We hear it from teachers in primary schools that are accommodating children from the direct provision system.

 

A feature of the issues that will be dealt with by the theme one group, and I still cannot understand why we cannot do something about this within a matter of days or weeks, is the putting in place of a complaints process available to residents. I am baffled and utterly disappointed there is still no independent complaints mechanism in place. The Minister of State mentioned the judgment from Mr Justice Colm Mac Eochaidh where he found that the Reception and Integration Agency’s complaints procedure was not sufficiently independent due to the fact that the RIA is the final arbitrator in the process. I have tried to put myself in their position, and I trust the system, but bearing in mind that there is nobody independent in place, I would find it very difficult if I was put in their position to trust that system without the willingness to have an independent complaints mechanism. For example, the Child and Family Agency Act 2013, includes a provision in section 69 for referral of complaints to the Ombudsman for Children’s office. We all trust in the State but Child and Family Agency still has an independent complaints mechanism. In 2012, the Minister for Justice and Equality was able, by way of ministerial order or statutory instrument, to give effect to a decision to extend the remit of complaints for children in prisons. That was done literally overnight. I know there was a lot of preparation work beforehand, but it was able to be done to ensure that the Ombudsman for Children could take complaints from children in St. Patrick’s Institution. Since then, complaints have been made, but it is nowhere near opening the floodgates, which was the argument used. It has not happened in the case of St. Patrick’s. It is the final arbiter, so I ask why it is not in place. I find it unacceptable that the RIA says it will be the final arbiter of its own work.

 

Another matter under theme one about which I have a concern is catering facilities in direct provision centres. In so far as I understand, direct provision centres were originally self-catering – or at least, self-catering step-down facilities were provided in order to prepare successful asylum seekers for independent living. These facilities have effectively been closed over the years. Is self-catering regarded as a pull factor? Is it a deliberate policy of the RIA to close these self-catering units? The official line from RIA is that the policy is supported by the value-for-money report carried out in 2010 and that it was done purely based on economic considerations. I do not accept this, because the value-for-money report did not consider the health and social inclusion costs for asylum seekers – their physical, mental and psychological health. I refer to Dr. Bernard Ruane, who spoke to colleagues at the Irish Medical Organisation conference in 2008. Dr. Ruane said there was a 90% rate of depression among asylum seekers who have been here for six months. He identified their cramped living conditions and the prohibition on working as factors contributing to their depression. We must be mindful of this point.

 

The Minister of State will know that I could say so much more on this topic. With regard to child protection concerns, I implore the Minister of State to be cognisant of the findings of Dr. Carol Coulter and team’s second interim report on the child care law reporting project. She found that social exclusion, poverty, isolation and disability were common features among the mothers and fathers facing court proceedings, and there is an acknowledgement that minority groups, including asylum seekers, are thus particularly vulnerable. This concern is supported because in one in four cases she examined at least one parent was either a member of an ethnic minority, an asylum seeker or a member of the Traveller community. This prevalence is evident. I ask the Minister of State why we are not seeing more action from the National Action Plan Against Racism. It seems as though the plan has been shelved.

I would like to say a lot more, but those are my points for now. I ask why we cannot do something now about the complaints mechanism.

The Lancet

In July 2021, Jillian co-authored an article in the world-renowned medical journal “The Lancet”