Oireachtas Joint and Select Committees

Wednesday, 6 February 2013

Joint Oireachtas Committee on Education and Social Protection

Habitual Residence Condition: Discussion with Pavee Point

2:10 pm

Ms Siobhan Curran:

I thank the members for their questions and comments. Deputy Ó Snodaigh asked about the number of Roma and how we address the fact that we do not have accurate statistics. It is clear that in the census, for example, we need to ask a question about Roma and therefore an ethnic identifier should be included on the form. That must happen across all systems including health, education and so on. We must have ethnic identifiers across those areas.

In the immediate term what could happen is a containable research project where we would map out where Roma are living in Ireland. It is quite easy to do. There are other models that could be followed where people try to get a census of homeless people in Ireland. We could try to map where people are located. We need the funding to do that but if we are to address the issues facing Roma in Ireland we must start developing evidencebased policies which would help us know who is here, where they are located, the needs they are expressing, and their rights. That is the way we develop sensible policies. That is clearly articulated in the common basic principles of the European Union. They outline ten principles on working with Roma, the first of which is on evidence based policy making. Any efforts in that regard and any support from the committee in trying to access the funding or ensuring that is done would be helpful.

The Deputy spoke about the dedicated Roma project in Pavee Point. Unfortunately, we received a cut to our local training initiative which is now gone. That was a local training initiative specifically for training Roma participants. The cut was absolute and therefore the training programme is no longer in operation. People call in regularly to Pavee Point asking about a training programme for Roma in which they can engage. A trust in Pavee Point has been built up over time that we must not lose sight of and must capitalise on because there are Roma people who want to engage with the structure of Pavee Point, and if we had a training programme they would engage with it.

We have submitted a proposal to FÁS for a primary health care programme for Roma. The primary health care model for Travellers has been shown to be a success and therefore building on that we submitted a similar funding proposal.

This was rejected so we are trying to source funding again. We are ready and willing to drive the initiatives but need support.

Much is happening at EU level that allows us to address a few questions. The European Commission has urged all member states to develop a national Roma integration strategy. This is quite momentous in that it is the first time the Commission has explicitly called on member states to develop a co-ordinated response. Member states were to submit their plans by 2011, and Ireland submitted a national Traveller-Roma integration strategy. The document has to include Travellers because they are part of Roma in the European sense. Unfortunately, the strategy contains no timelines, indicators or targets so it ceases to be useable. It excludes Roma. We have a national Traveller-Roma integration strategy that has failed to address the issues the Roma community faces. While the Commission has called for the development of a policy and pressure is being exerted, it is now up to the Department of Justice and Equality to ensure the strategy is up to scratch and reflects what the Commission has called for. One of the key elements is the active participation of Roma.

Let me return to the question of social protection. The strategy should include four key areas, namely, health, accommodation, education and social protection. This is a vehicle to address the issues. It is a really strong vehicle because all European member states have similar initiatives. We need to heed the Commission's views and develop a strong strategy. While we hold the Presidency, we need to show leadership.

The Minister, Deputy Alan Shatter, was making a presentation on justice and home affairs last week or the week before. He was quite clear, when questioned about the Roma integration strategy, that it is a priority for the Presidency. He was very clear that racism and discrimination need to be challenged.

With regard to the Convention on the Rights of the Child, we are due to report this year. Issues have been raised in the past about habitual residence conditions, the impact on children and how the status of parents results in differential treatment for children.

Organisations in addition to mine, including FLAC, have argued that Roma children are being excluded because of the status of their parents. There is a strong argument for addressing this. Furthermore, there are children living in poverty, which contravenes human rights obligations. It is very clear that this is happening and we are hearing it from all quarters. It will be a considerable issue for the committee, and members will be very concerned to hear what is happening.

I was asked about difficulties with compliance. There are five criteria that a person must meet to be deemed habitually resident. They all require the provision of a significant amount of evidence to prove a link with Ireland. Difficulties arise for many Roma in terms of language, literacy, etc., but not just in trying to engage with the system. Generally, people who approach Pavee Point are getting assistance but it takes quite a lot of time to take the steps required to be deemed habitually resident. It requires considerable understanding of the documents. Many individuals do not have the documentary evidence to prove their place of residence, for example. If an individual comes here and ends up living with extended family because he may not have other means, he may not necessarily be able to provide a tenancy lease document. These types of issues arise time and again.

Employment constitutes one of the criteria. Many Roma have faced considerable barriers in gaining employment in Ireland. The employment record is affected because it is assessed. Owing to the fact that Roma from Romania or Bulgaria, in particular, needed work permits to work until July 2012, their work records are really affected. It is important to bear in mind that there are those who were simply not allowed to work. That was the de factoresult of the work permit regime. When the affected are applying, they do not have the work record that is necessary. There is also a gender element in that women who have been primary carers and who are without an official work record have been affected.

The issues concern the work record and establishing a link with Ireland. People are asked whether they have a bank account, for example. The questions asked and the thinking surrounding what we are trying to find out are not always suited to various groups. Roma are falling foul of this. We can see the impact, which is extreme poverty. That is what is coming back to us from all quarters.