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

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I thank all of the witnesses for their presentations and the work they do.

This topic is of huge concern to me. I am really glad to hear Mr. Justice McMahon say the situation has improved over the past five years but I still find it very depressing, very sad and heartbreaking.

The first question I will ask Mr. Justice McMahon is about the right to work. This has been highlighted by direct provision residents and campaigners for decades and by the working group in 2015. We saw the Supreme Court decision in 2017, which I strongly welcomed and which effectively forced the State into some action, but I do not believe it is nearly enough. Residents raise issues of access to bank accounts, driving licences and the fact that the remote locations of many centres make it impossible to find work. Residents are still prohibited from many unprotected industries and jobs with certain pay. Estimates show that only some of the residents are working, as Mr. Justice McMahon mentioned. Because of this, it seems there is now a limited legal right to work but not an effective right to work. Does Mr. Justice McMahon agree? Is there a positive obligation on the State to actively ensure the right to work is accessible? I would like to know Mr. Justice McMahon's thinking on this.

I wish to ask Mr. O'Neill a little about the lack of common quality standards in the centres. We have touched on the cooking facilities and the ability to prepare a meal for oneself and one's children. This is so important. It is just a matter of basic dignity and respect. Those who cannot cook are infantilised and denied the chance to make basic decisions as to what they will eat and when. Does Mr. O'Neill agree that there should be a consistent set of standards across every centre? Does he think these opportunities and rights should be afforded to every applicant equally? Could he elaborate a little more on the standards being worked on at present?

I have a few more questions, if that is okay.

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