Alan Shatter (Dublin South, Fine Gael)

The Reception and Integration Agency, RIA, of my Department currently accommodates more than 5,300 persons across 39 centres. Complaints by centre residents are dealt with in accordance with the procedures outlined in the RIA's house rules, a copy of which is provided to all residents and sets out, inter alia, the obligations on the centre manager and resident. The complaints procedure explains how one party can seek to have breaches of the obligations by the other party resolved.

The thrust of this procedure is that issues are best resolved quickly, locally and informally without the need for a matter to proceed formally. Where more serious complaints cannot be so resolved, residents may lodge a formal written complaint with centre management, to be responded to within 14 days. If the issue remains unresolved, the resident may take his or her complaint to the RIA who will make a determination on it. If a complaint is made in respect of a decision by a particular RIA official, the appeal will not be dealt with by that official. This complaints system is considered by the RIA to be broadly in line with the guidelines set out by the Office of the Ombudsman for internal complaints systems.

The rules specifically state that residents should not be afraid to complain when they need to and that making a statement will not affect how other official agencies consider their claims to remain in the State. The house rules were revised arising from a working party report, which included some NGOs. During those working party discussions, the issue of an independent appeals mechanism was fully discussed. It was the RIA's view that no clear model was cited during these discussions as to the make-up of an independent claims mechanism or how it could be implemented without undue cost and bureaucracy.

In relation to the powers of the Ombudsman, section 5(1)(e) of the Ombudsman Act 1980 provides that the Ombudsman shall not investigate any action taken by or on behalf of a person in the administration of the law relating to asylum. While the office does not currently have the power to investigate asylum related matters, the Irish Naturalisation and Immigration Service, including the RIA, has in place administrative arrangements with the office to assist and provide information and help resolve any matters brought to its attention.

Additional information not given on the floor of the House.

The question of extending the remit of the Ombudsman is in the first instance a matter for the Minister for Public Expenditure and Reform and my officials will engage with that Department in relation to any proposals in this regard.

It is important we do not lose sight of the need to ensure the amount of time asylum seekers stay in direct provision is kept to a minimum and that we do not inadvertently open up a new appeal mechanism in the asylum determination system, which already has comprehensive in-built statutorily based appeals mechanisms.

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