Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this issue. As Deputies will be aware, Ireland has welcomed more than 103,000 arrivals from Ukraine, with 76,000 people currently living in State accommodation and 58,000 of those in fully serviced accommodation. The Deputy will also be aware that the number of international protection applicants continues to grow.

He clearly pointed out the difference in the supports between those who arrived in Ireland under the temporary protection directive compared with applicants for international protection. The answer lies in the different legislative frameworks that apply to these cohorts. With regard to beneficiaries of temporary protection, the temporary protection directive was activated on 4 March 2022 to provide immediate protection in EU countries for people displaced by the Russian invasion of Ukraine. The directive is transposed into Irish law under section 60 of the International Protection Act 2015. The section provides that a displaced person, as defined in that section, is entitled to seek and enter employment, to engage in any business, trade or profession, and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen. lt also provides that such a person is to receive the same medical care and the same social welfare benefits as those to which Irish citizens are entitled, and the same rights of travel in the State as those to which Irish citizens are entitled. The application of the directive to the crisis in Ukraine has been extended to March 2025.

The conditions and qualifications for those seeking asylum comes under entirely separate EU directives from those beneficiaries of temporary protection fleeing the war in Ukraine. For those seeking asylum, directive 2011/95/EU sets out the standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, and directive 2013/32/EU sets out standards for the reception of applicants to ensure they have a dignified standard of living and comparable living conditions in all member states.

The recast reception conditions directive was transposed into Irish law by SI 230/2018 - European Communities (Reception Conditions) Regulations 2018. An asylum seeker is a person who has left his or her country and is seeking protection in another country. Asylum seekers are also called IP applicants. Seeking asylum is a human right, and government bodies examine asylum applications and grant a decision. These decisions are made in accordance with the 1951 UN convention relating to the status of refugees and its 1967 protocol.

When a person asks for asylum at the border of a country, that country's authorities must examine his or her application. Those seeking asylum in Ireland must make an application for international protection. While that claim is being examined by the international protection office, the International Protection Accommodation Service provides accommodation and related services to IP applicants who wish to accept the offer of accommodation from the State. This offering includes all meals and utilities. Full access to public medical services is provided and a weekly personal allowance is also paid to each person. After six months, IP applicants are eligible to work if they have not received a first instance decision on their application. IP applicants are entitled to free legal aid to help them with their application and appeals, if necessary. When the application has been processed, the applicant may either be granted refugee status, granted subsidiary protection status, granted permission to remain for humanitarian reasons, or refused international protection. While the legislative basis for the provision of supports to beneficiaries of temporary protection and IP applicants is different, IP applicants and beneficiaries of temporary protection have access to mainstream services, including public health and education. Specific supports and signposting for IP applicants are generally provided through the IPAS vulnerability assessment process.

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