Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Senators for their contributions to the debate on this important and much needed Bill, which has been called for over a very long period. Broader migration reform is also needed but it was necessary to deal with these elements of policy at this point. One of the most important goals of this Bill is an asylum system which deals promptly and effectively with those who make applications for international protection.

It is important that we enact this legislation and I do not need to repeat the arguments here. Most Senators, and society in general, will agree that we need a single application procedure as it has been a longstanding objective of ours to get into line with other European Union countries. I am conscious of the working group report and we have had a number of meetings with the people involved in it since its publication. It has been discussed a number of times in the Cabinet sub-committee and various issues are being progressed.The Minister of State, Deputy Aodhán Ó Ríordáin, is making progress on various matters, including that of people in direct provision who have been deemed to be refugees and who are in need of housing, information and support. He has done very valuable work with those involved in the system of direct provision and has produced and is producing some very helpful literature for people.

The working group proposals are to be discussed by the Cabinet committee on social policy next week. Many of the matters will be further progressed. In fact, progress has already been made, as those who know about the system will be very much aware. The members of the working group, when we met them, acknowledged that many decisions have been taken on individual cases since the group reported. People are well aware of that. There is further work to be done on implementing the recommendations. It was always understood that they could not be implemented overnight. There are a number of key recommendations that the Minister of State and I regard as priorities on which to make progress.

The proposed protection office to be established in my Department will have the objective of giving each applicant for international protection a comprehensive and clear outcome at first instance regarding all aspects of his or her application, including both international protection and permission to remain on other grounds. The efficiency and clarity that will be provided under these new arrangements will, contrary to what was suggested by some Senators, represent a significant improvement by comparison with the existing sequential system, which has effectively meant that people stayed in direct provision for long periods. Although there have been criticisms of direct provision based on the standard of accommodation in some instances, as evident from the closure of a number of centres over the years, the primary criticism has concerned the fact that people are in the system for far too long. It is unacceptable. Staff working directly with people in the system state time and again that many of the problems with direct provision concern the length of time people spend in the system. This Bill intends to, and will, bring us into line with other European countries. This will mean we will have a far more efficient system without losing any of the important elements about which Senators spoke.

Why would we want to introduce a Bill that does not protect rights? I have already spoken about how this Bill is coming from a human rights perspective and respects human rights, including children's rights, of course. Undoubtedly, there is a debate to be had on how exactly one would transpose into legislation like this provisions on the best interests of the child, and on whether this matter is already dealt with effectively. We must remember we now have a constitutional provision that puts the best interests and rights of the child very much to the centre. It recognises the child as an individual. All legislation is subject to this provision and will be interpreted accordingly.

There are very many positive aspects of the system that will not be lost. An example is the experience of the members of staff who have worked in the Office of the Refugee Applications Commissioner. They are very experienced in examining applications for international protection and considering the granting of permission to remain, as we must acknowledge. Senators have made comments about standards but all the staff have been trained to UNHCR standards. That will continue to be the case. I want to ensure the transition to the new arrangements is as smooth as possible and that the high standards pertaining to the quality of asylum decisions are maintained. The international protection appeals tribunal will provide for the smooth transfer of the tribunal members who are currently examining cases.

I am very conscious of the needs of unaccompanied minors. I carried out a study on them myself and met many of them some years ago at a time when they were being put into hostels around Dublin and were very vulnerable. I am thankful their circumstances have changed. We now have an excellent system under Tusla. I am continually surprised by the experience of these young unaccompanied minors who end up in Dublin having come from all parts of the world. There are far fewer than there used to be but, as I stated, they are a feature of some of the new migration patterns evident in the Mediterranean. We must be very attentive to the needs of unaccompanied minors. The approach now taken by Tusla is that they are placed in foster homes and carefully looked after. That represents a massive change by comparison with the time when they were put into hostels when they arrived here. They were incredibly vulnerable to traffickers or others who wanted to exploit them. We have a very different set of circumstances now. Of course I want to ensure that, in any legislation we introduce, unaccompanied minors will be dealt with carefully and sensitively and that their best interests will be considered.

I thank the Senators who have welcomed the Bill. I certainly hope we can reassure them on some of the issues they raised when we proceed to Committee and Report Stages.