Thomas Pringle (Donegal, Independent) | Oireachtas source

I move:

That Dáil Éireann shall take note of the Special Report by the Ombudsman for Children entitled "Safety and Welfare of Children in Direct Provision", copies of which were laid before Dáil Éireann on 16th October, 2023.

I thank the Ceann Comhairle for giving me the opportunity to lead out on this important debate, and the Business Committee for taking a positive approach and allowing it onto the agenda, which is timely and important. The Ombudsman for Children is on his way to the House to watch the debate from the Gallery but we were caught somewhat on the hop by the fact the business of the House moved more quickly than we had expected, which is, I suppose, now usual for a Thursday and is something we should anticipate.

I remind the House that a special report is made when the ombudsman believes that measures taken in response to recommendations made as a result of an investigation are not satisfactory. In this case, the report was made following an investigation into the safety and welfare of children in State-provided accommodation, after which three specific recommendations were made to the International Protection Accommodation Service, IPAS. Understanding the context of this report and noting the unsatisfactory response to the initial investigation is very important if we are to accept the failures of the State and tackle this very important issue. The Ombudsman for Children's office determined more than two years ago that the failure of IPAS and Tusla was having an adverse effect on children residing in direct provision, emergency reception and orientation centres and emergency accommodation centres.

The war in Ukraine that occurred since the report was written has created a crisis-driven response that has severely impacted on the implementation of the White Paper on the end of direct provision and the establishment of a new international protection support service. This has led to further unprecedented challenges. It has also exacerbated potential adverse effects on the rights and welfare of children residing in State provided accommodation. In April 2021, in response to the report, IPAS committed to ending the use of non-designated commercial hotels and developing a contingency plan to respond to capacity pressures. Despite this, hotels still constitute a primary form of accommodation under temporary protection in Ireland. Not only that, a further 150 emergency accommodation centres have been opened since 2022, most of which are hotels. It is clear the Government will not meet its phase 1 or phase 2 accommodation targets by the end of next year and that appropriate housing is out of reach for families seeking international protection. Despite their urgent need for appropriate accommodation and the many difficulties they already face, such as language barriers, integration into new communities and resistance to their presence, an update to the advisory group report in July stated that unless the right kind medium-term accommodation is secured, there is a risk of perpetuating direct provision instead of ending it. That is worrying.

IPAS also committed, in April 2021, to putting in place a quality assurance mechanism that is adequately resourced to monitor complaints and child protection and welfare concerns and to ensure compliance with the Children First Act 2015. At the time, HIQA's remit was extended to the independent monitoring of designated accommodation centres, but the regulations governing this arrangement are not yet in place and will only be in effect for four years. Furthermore, HIQA was not granted powers to inspect emergency accommodation. We know there are considerable issues with such accommodation. A child is a child whether in temporary or permanent accommodation. Children deserve to be treated equally. Those in emergency accommodation are particularly vulnerable, particularly in view of the precariousness of their situation and the fact that many are adjusting to a completely new country and often to a new culture as well. This vulnerability needs to taken into consideration in the planning and provision of accommodation for children in the international protection system.

The reception directive and regulations recognise minors as inherently vulnerable and state the Minister has an obligation to assess whether an applicant is an applicant with special reception needs and if so, the nature of the reception needs, within 30 days. Despite this, as of May this year, only 10% of children seeking international protection have received a vulnerability assessment, with 44% of those assessed requiring a social work referral. This is absolutely shocking and demonstrates the failure of the State as regards children seeking international protection.

The special report was written because the Ombudsman for Children was not satisfied that the IPAS commitment to cease using commercial hotels would be met in the short or medium term, that a robust quality assurance mechanism is or will be put in place for the majority of children seeking international protection or that IPAS has sufficient regard for the vulnerability of children in the international protection process in the planning and provision of their accommodation. All children are vulnerable, and their formative years are a vital time in their development. This is especially true of children who live in temporary accommodation. Their first experiences of this country will shape who they are and who they become. We are failing them by not allowing them a safe and happy life in which they have room to grow and develop. It is incredibly worrying that the State treats children this way and is putting their future at risk. If we continue to neglect children the way we have done, it will create issues in the future.

We can do better and we have to. The State should put permanent solutions in place rather than facilitate the profiteering of large hotel owners who see vulnerable people as a way to make money rather than as human beings in desperate need of assistance. The never-ending state of emergency in which the Government constantly operates must end. The Minister must start focusing on permanent solutions. We should have State-run and managed accommodation, completely open to inspection by HIQA to ensure the safety of children who come to Ireland. We are a well-off country with plenty of resources to share. There are no excuses for the way the Government has mishandled the manner the country is run, with public finances it refuses to spend on sensible, permanent accommodation for everyone. The Government has the ability to provide for everyone who is here and more; yet refuses to acknowledge it, while continuing to allow the rich to get richer.

Understanding Life in Ireland 2023 was published this summer. It showed Ireland is progressing in all areas except wealth-equality and housing. Why do significant gaps in wealth equality persist as the country grows wealthier? The Government aids the well-off with tax breaks, while the most vulnerable in our society are left to suffer and fight for the limited scraps left over by the wealthy. Deep-rooted inequality in areas such as housing and wealth distribution will drive instability in our society. It already has. Look around this Chamber, look at last week and look at social media. The fight for limited resources is destroying our country and turning us against one another. It does not have to be this way. We have enough to provide for everyone. We cannot begin to turn on or abandon the most vulnerable. This report shows that is exactly what we are doing right now. We are failing badly.

I would appreciate it if the Minister responded on the following points. The White Paper stated that the focus for 2022 would be on advancing new build projects and the purchase of properties and that the focus for 2023 would be on advancing capital projects to build new reception and integration centres that will accommodate applicants during phase 1, which would be fully operational by 2024. What progress has been made on the building of the six phase 1 reception and integration centres and what progress has been made in the purchase of new properties? How many phase 1 centres and phase 2 properties will be operational on 1 January 2024 and how many people will be accommodated in them? How does the Minister expect to catch up on capital projects and purchases at this stage?

HIQA has a limited remit to inspect only 50 permanent designated centres. Following inspections of just three of these, numerous issues and breaches were found. It is worrying to think about what breaches might be found in the 175 emergency sites that have been used by the Department since 2022 and which HIQA is not tasked with inspecting. Tusla's audit also showed a high rate of non-compliance with respect to child safeguarding in permanent centres. How can the Minister ensure that, going forward, these breaches will be addressed and that children in permanent centres and emergency sites will be safe? It is shocking that only 10% of children seeking international protection have received a statutory vulnerability assessment. This is not good enough. How will the Minister ensure that all the children who are entitled to an assessment receive one and that these vulnerabilities are accounted for in providing their accommodation?

I urge the Minister to take into consideration the findings of this report and to act on them. I urge him not to treat it like he did the initial report, which was discussed, but subsequently ignored. Children deserve a life of dignity. They have the potential to contribute enormously to our communities and society, but they must be given a chance to do so. The Minister is well-intentioned, but I wonder whether he has the support of the entire Government. This requires a whole-of-government approach. The Minister for children alone cannot solve the issue. The Minister for housing, the Tánaiste and the Taoiseach all have a role to play and a responsibility to ensure this works and happens. This affects the lives of children who will live here permanently and contribute well to our society. In the main, children of asylum seekers and children who come as immigrants will focus on education, getting good jobs and continuing their lives. That is vital for Ireland as a whole and for our society. They need to be looked after properly.

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