Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I move:

That Dáil Éireann approves the following Order in draft; Civil Law (Miscellaneous Provisions) Act 2022 (Section 4(2)) (Scheme Termination Date) Order 2024, a copy of which was laid in draft form before Dáil Éireann on 25th January, 2024.

I thank the Members of Dáil Éireann for making time to discuss this motion today concerning the order I propose to make to extend the termination date of the financial contribution scheme for hosts of beneficiaries of temporary protection from Ukraine, which is known as the accommodation recognition payment scheme. The scheme commenced in July 2022 and, where relevant, payments were backdated to March of that year. I increased the monthly payment to hosts from €400 to €800 with effect from 1 December 2022.

To date, in excess of €90 million has been paid to more than 13,300 hosts in respect of hosting almost 30,000 beneficiaries since the payment was brought in. The payment is supporting the accommodation of almost 22,000 Ukrainians around the country. This scheme is important because it has diverted Ukrainian individuals and families away from State-supported accommodation, which is often in hotels and guesthouses and which is unsuitable for long-term stays, particularly for families raising children. It is also far more cost-effective to the Exchequer and, importantly, it allows Ukrainians to have greater independence in moving out of State accommodation.

On the proposal itself, Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022 introduced the scheme with a termination date of 31 March 2023. That date reflected the duration of temporary protection under Council Directive 2001/55/EC of 20 July 2001, or the temporary protection directive, which was activated on 4 March 2022. The directive was subsequently extended to March 2024 and the accommodation recognition payment was extended to mirror that extension. In a continued spirit of unity and support for the Ukrainian Government and its citizens, the European Commission has extended temporary protection until March 2025. It is, therefore, appropriate to make an order to extend the accommodation recognition payment scheme termination date to the end of March 2025.

Section 4(2) of the original Act of the primary legislation enables me to make such change to a date considered appropriate following consultation with the Minister for Social Protection and the Minister for Public Expenditure, National Development Plan Delivery and Reform. I can confirm to Dáil Éireann that I have undertaken those consultations with the two relevant Ministers and both are in support of the scheme’s extension. In changing the scheme termination date, I was also mindful of the need to continue to provide for a financial contribution to assist in maintaining, if not increasing, the availability of accommodation for temporary protection beneficiaries. I thank all who have welcomed those fleeing the war in Ukraine into their homes and provided them with shelter, a safe space and, importantly, a level of autonomy over their own lives. The Act of 2022 requires a draft order to be laid before and approved by both Houses of the Oireachtas. The motion was approved by Seanad Éireann on 15 February. Approval of today’s motion in Dáil Éireann is essential to ensure the continuation of the scheme beyond March 2024.

I understand that colleagues in Sinn Féin have proposed an amendment to the motion I am putting forward that seeks to curtail the conditions attaching to the accommodation recognition payment. This would result in reduced availability of accommodation for beneficiaries of temporary protection. I am not in a position to accept that amendment for two reasons. First, it contradicts the policy objectives of the recognition payment scheme. The accommodation recognition payment is a goodwill payment to recognise the valued contribution of those who have opened their homes to those fleeing the war in Ukraine. It is not intended to be a substitute for rent and is paid in recognition of the generosity of those who host. The legislation is very clear in that regard. The accommodation recognition payment is not a rental payment. It does not create any obligations or rights for the beneficiaries in the accommodation, rights that payment of rent would accrue.

Second, on a more procedural point, my understanding of, and advice on, the legislation is that the amendment proposed by Sinn Féin is outside the scope of the primary legislation. Section 4(2) of the Civil Law (Miscellaneous Provisions) Act 2022 only allows me to make an order to amend the scheme termination date. My understanding is that I am not allowed to make by order any other changes to the scheme. Any other changes to the scheme would have to be through primary legislation. In light of this, I am not in a position to accept the amendment to the motion proposed by Sinn Féin. I look forward to the Deputies’ contributions.

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