Dáil debates

Thursday, 30 November 2023

Special Report by the Ombudsman for Children on Direct Provision: Motion

 

6:30 pm

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats) | Oireachtas source

I too want to thank Deputy Pringle for using his time this evening. I also thank the ombudsman and his team. Since becoming involved in politics, I have seen, over the past few years, several robust reports coming from the ombudsman that really show the gaps children are falling into in Ireland. Unfortunately, when the reports come out with those strong recommendations, I do not see a sense of urgency in the Government to implement those recommendations. That is a lost opportunity by the Government. I hope in this instance, the Government actually takes on board the recommendations and suggestions put forward in this report. We see increased numbers of refugees coming to Ireland to access protection from places like Ukraine along with traditional countries of origin.

Against the backdrop of the horror we are seeing inflicted on children in a war zone like Palestine or in the famine in Yemen, it is beholden on us to consider what we deem to be acceptable treatment of children who have fled war and persecution when they come to Ireland. This is a very important thing we need to keep at the front of our minds all of the time, namely, these are children. Can we imagine how scary it is to have to leave your home, your community and your town, to see what those children have seen and leave it behind and have to make their way to what they hope is safety? Then, when they get here, they are put into a system that is not putting their needs first and is not giving them the protection and safety they require.

Accessing refugee status is an incredibly hard limbo in which to dwell as an adult and it is reasonable to assume it is doubly so for children, who are likely not as emotionally resilient as adults and who will carry the imprint of their childhood with them throughout their lives. Many children will come here with a family member but there are also many who come here alone, and they will have even less capacity to advocate for themselves. In that situation, the State has a duty of care to them.

Child refugees, especially those who are unaccompanied, are the most vulnerable of the vulnerable and it is our responsibility, as a State and as a country which claims to value the fair and equitable treatment of all, to provide for these children's needs. Being a child refugee in Ireland should mean having somewhere safe, warm and secure to stay. It should mean having access to decent food and clean living quarters and having a foundation here that is strong enough to build a full and dignified life. Unfortunately, this report has shown us something we have known for a long time, which is that direct provision is not a space that provides safe living conditions, good food and security, which are often all too absent.

Much has been written about this report and the conditions in which children are expected to live within our international protection system, particularly in those emergency accommodation centres. Jack Power of The Irish Timeshas done important work highlighting this issue, and I pay tribute to him for the work he has done. The report makes for hard reading. Several points were highlighted and, in particular, the investigation found no evidence that all direct provision centres were complying with Children First, which is key child protection legislation. Even simple things like the vetting and training of staff members were not in place, which are very concerning findings of the report. The reality is the Government is not protecting children to the full extent that is required from potential abuse within the system, especially when basic levels of child protection practice not being met.

I want to specifically talk about the three recommendations the ombudsman put forward. The first was to cease the use of commercial hotels and it referred to the accommodation capacity pressures. The second was to put in robust quality assurance mechanisms and the third concerned the vulnerability of children. I do not believe they are big asks and they should be relatively simple to resolve. I would start first with the third recommendation that the vulnerability of children within the system be recognised. In the Minister's response, he talked about assessing the vulnerabilities and there is a focus on those with additional vulnerabilities and needs. Every single child under the age of 18 who comes here is vulnerable and that is the point at which the Minister's policy should be starting. Any child coming into this country needs to get the highest level of protection. If what we are seeing in the case of emergency centres is correct, that is not happening and the inspection of those centres is not providing that security. Every child who comes into this country should go into a State-run centre. I understand there are a lot of pressures on the Department and on the provision of accommodation, and everyone knows how challenging it is. However, we have to start with the safety of children and the protection of those children. If there are any risks whatsoever associated with having them in emergency centres, where inspections are not happening, where staff may not be trained and where they cannot be protected to the fullest, then they need to be prioritised for the centres where that is possible. That would mean no longer using commercial hotels or emergency centres.

That would also address the other recommendation, which is essentially that there is a robust inspection mechanism. The inspections of the State through HIQA are more robust than the emergency ones. If someone who is aged under 18 comes into the system, will the Minister consider that, just by default, they are deemed to be the most vulnerable of international asylum seekers and would be put into appropriate State-run accommodation where their needs can be met and where they can be safely provided for?

As a State, we are coming into a very difficult period in dealing with people who are seeking refuge in our country. In fact, I think we are already there. We are at a crossroads as to what kind of country we are and what kind of country we want to be. We also need to reflect on where we have come from as a country and how we have often gone to other countries, not fleeing war but as economic migrants seeking better for ourselves and our families. We need to have a sense of purpose about where we want to go and what we want to do. Central to that must be how we deal with children coming to the country, particularly those who are coming on their own. As I said, it must be the scariest thing for a child to have to do.

I ask the Minister to take that seriously. I also ask that he work closely with the ombudsman and his office to see what can be done if any significant policy changes are coming down the road, and that means what can be done in the short, medium and long term. We need to ensure that when we look back in 30 or 40 years, as Deputy Funchion said, we know as a country that we did what was best for those people coming to the country, because what is best for them will also, fundamentally, be best for us. If we manage to get this integration done properly and to look after the people who are vulnerable, no matter where they come from, as well as the vulnerable people within our society now, as Deputy Pringle said, that is what will be best for our country. It will lead to a much more cohesive country where our communities are strong and where they still look after each other.

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