Ms Siobhan Curran:

As Ms Ronnie Fay has noted, we wish to bring to the attention of the committee the significant impact of the habitual residence condition. This matter has been raised as a major concern by Roma and by people working in the HSE, the education sector and the wider NGO sector. The HSE in particular is very concerned about the issues facing Roma. To this end, Pavee Point and the HSE organised a number of seminars to discuss the issues facing Roma in Ireland. The major theme at these seminars was that the habitual residence condition is resulting in serious issues of child poverty and destitution for Roma in Ireland. For example, social workers have reported concerns about young babies whose parents have no means to support them. Forced poverty is causing serious child protection issues. Social workers report that they are forced to consider taking a child into care simply to provide access to basic services. Social workers are frustrated that this is the only option for looking after these children.

Education and welfare officers are also noting the impact of the habitual residence condition on access to education and the ability of Roma parents to send their children to school. There is also a significant health impact. Pavee Point has received reports of Roma who are not entitled to medical cards on the basis that they are unable to provide evidence of means. The HSE has reported that children with serious medical conditions are unable to receive medical cards. Pavee Point receives calls from statutory representatives from Dublin, Galway, Athlone, Limerick, Donegal and from all over the country because of problems encountered in developing responses to the issues facing Roma.

The effect of the habitual residence condition cannot be under-estimated. For example, a Roma man was claiming entitlements but his payments were cut off because he did not fulfil the habitual residence condition. He became homeless and a few months later he died on the streets of Dublin. The impact of this habitual residence condition is very severe and can be fatal in some cases.

I refer to the financial cost of the habitual residence condition. The impact of these policies is bringing Roma into contact with the State in all sorts of different forms. They are dealing with social workers, educational workers, education and welfare officers, the Garda Síochána and the emergency health services. This involves expenditure which could be avoided if people were to be provided with basic financial supports in the first instance rather than allow them fall into destitution.

We propose a humanitarian response for Roma who have no access to supports. We need a response urgently to ensure that Roma are not living in destitution. We argue that the Roma in Ireland and across Europe constitute a special case. Roma have experienced discrimination and racism over generations and this has impacted on their access to education, training and employment. We need to develop a response that takes this into account. We suggest that funding be made available for training and supports specifically tailored for Roma so that they can gain employment.

We ask for an impact assessment to be conducted on the habitual residence condition. Other groups have also called for such an assessment. The special rapporteur on extreme poverty and human rights has also recommended it in her most report in 2012. A proper assessment of the impact of the habitual residence condition is required. We believe these measures would pave the way for the inclusion of Roma in Irish society as well as reflecting a commitment to human rights. As the current holder of the Presidency of the European Union and as a new member of the UN Human Rights Council, this is an opportunity for Ireland to show leadership in the area of human rights.

My colleague, Ms Gabi Muntean, will speak about the impact of the habitual residence condition.