Michael McNamara (Clare, Independent) | Oireachtas source

The Minister is right that under the domestic regulations, the statutory instrument, there is a right to accommodation until the humanitarian leave-to-remain application has been determined. I have outlined the delays and the difficulties pertaining to that which cannot be laid at his door - the Department of Justice has responsibility. The bottom line is that this is only a statutory instrument which could be changed at the stroke of a pen literally. The Minister has done that and has amended the regulations because there is no right under European law.

We are constantly being told this is a matter of European law and that we have to accommodate applicants for international protection. While that is true, applicant for international protection is defined in European law and it is defined in the International Protection Act 2015 as an applicant for refugee status or subsidiary protection. Once that application is determined as a matter of European law, the person no longer has an entitlement to accommodation. Importantly, a centre accommodating such people, because of how the planning regulations are termed, no longer enjoys exemption.

I am aware that there is a ping-pong row going on. The Irish Timespublished extracts from correspondence between the Secretary General at the Department of Children, Equality, Disability, Integration and Youth and the Secretary General at the Department of Housing, Local Government and Heritage as to who is to accommodate these unfortunate people. The bottom line is that the building is not exempted unless it is accommodating applicants for international protection - not people who enjoy international protection and not people who are waiting for their humanitarian leave to remain. There is no exemption for those categories and yet those people are the subject of an unfortunate interdepartmental row. Also very unfortunate is that a blanket exemption, which avoids the normal planning process and avoids consultation with communities, is being used unlawfully. It is more than unfortunate; it is unacceptable.

That is why it is important for the Minister to clarify that other category I have asked him to clarify. He has said he does not know if he can break it down but he needs to break it down to ensure the exemptions are not being used unlawfully. We have to distinguish between people who are applicants for international protection who enjoy rights under European law and persons whose application has been determined who no longer enjoy those rights. If they are lawfully resident in the State, they may have a right to housing but it is not in an IPAS centre. It is in an IPAS centre but it is not pursuant to European law. If they are staying in a particular place, it is not exempted development.

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