Oireachtas Joint and Select Committees

Wednesday, 22 May 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Direct Provision and the International Protection Application Process: Discussion

Mr. Justice Bryan McMahon:

On the processing of applications, there is room for possible improvement, but it does seem that the authorities are coping with new applicants.

They are roughly dealing with 3,900 a year, and 3,600 are coming in this year. The present system would be fine if we did not have what we call the inherited problem from the old system. There are a couple of pinch points. I think extra resources have been put in to the International Protection Office, IPO, and the International Protection Appeals Tribunal, IPAT. One area where there is a delaying factor is judicial review. I draw attention to that in my paper. There should probably be more judges dealing with judicial review, where delays hold up the applications in an area where the Government has no control. If more judges were dedicated for a period of time, we might make some progress there.

With regard to systems other than direct provision, the Deputy is absolutely correct that the working group had its remit confined to improvements in direct provision. We were not asked to look at other models. I am not an expert in alternative models around the world. I have investigated and have attended seminars where discussions were taking place in respect of Scotland, Portugal and other countries. I would have to be convinced that other models would succeed better in our economy with the accommodation crisis we have now. If we do not keep people together, we have to put them into other areas. The accommodation issue is a serious limitation on what a Government can do in terms of alternative models. I would have to be convinced that another model could work in our given situation with the accommodation crisis, and that it would be cheaper. I do not know that it would. I have not seen it. Work would have to be done to convince me that we would be better off shifting to something else in these difficult times in accommodation in this country. That is my personal view. I am not an expert and there may be models out there. Someone might do excellent research to show the Government.

Given the improvements that have been brought about in the past four years, as I have mentioned, it is in no way as bad as it was. One of my suggestions is that the State is probably in a better position than anyone to provide more accommodation. They could build them themselves, if they need to, on State-owned land rather than going out to the market and competing in a difficult accommodation situation. That is only a suggestion. I would need research.

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