Oireachtas Joint and Select Committees

Wednesday, 17 January 2018

Joint Oireachtas Committee on Justice, Defence and Equality

EU Directives: Minister for Justice and Equality

9:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I will ask a few questions and see how we go. The statement says that member states that have opted in can require the applicant to contribute towards the cost of accommodation, and so on, if the applicant has sufficient resources, including if they have been working for a reasonable period. The directive seems to set the bar of sufficiency as being to "enable their subsistence". I have a lot of concern that asylum seekers, who probably do not have very much at all, will be judged by the State to have sufficient means and then denied help.

I am looking for an assurance from the Minister in terms of what level of sufficiency we are looking at. We know at the moment, in direct provision, the bed and board deduction leaves the asylum seeker with €21.60. Dear God. In any case, when we go to this system, are they going to be paying that cost plus a contribution to the profit of the provider? How will that be adjudicated? The direct provision allowance is not on a statutory footing. It is unclear how we intend to proceed in terms of the so-called sufficient criteria in a transparent way. Is there a plan to means test all asylum seekers? How will that be done?

I will add to my last two points in my next question. Will those asylum seekers who do enter the labour market and are subsequently made unemployed be entitled to full social welfare payments, sickness benefit, maternity allowance and so on? Could we have some clarification?

Nasc, the Irish immigrant support centre, and others who have been hugely helpful to this committee in terms of our recommendation that the right to work should be delivered as quickly as possible to asylum seekers, points out that another huge area of concern is the temporary scheme that will be set up until the directive is in place. Applicants access to the work market is going to be incredibly limited. They have to apply under the Work Permits Act 2003. In short, that means that applicants will have to attain employment with an annual salary of €30,000 a year. There are huge excluded categories. On top of that, the cost is €500 for a six month permit and €1,000 for an annual permit. It might be temporary but there is a lack of clarity in the briefing note and in the opening statement. I refer to whether the retrospective application of the right to work will still apply to all asylum seekers regardless of the date of their application once the directive is in. It is the phrase "during this period" on the last page of the Minister's remarks that raised this concern. Can the Minister clarify what the final right to work will look like and what the Government is considering in terms of the excluded categories mentioned?

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