Joe Costello (Dublin Central, Labour)
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I wish to raise the need for the Minister for Justice, Equality and Law Reform to take urgent measures to resolve the hunger strike by 41 Afghans in St. Patrick's Cathedral.

The Minister and the Government should pro-actively seek to resolve the hunger strike by the 41 Afghan men in the cathedral. To do that, there must be communication and engagement. The decision by the Office of the United Nations High Commissioner for Refugees to approach the Department is both welcome and significant. While the Minister may not be prepared to negotiate directly with the hunger strikers, he should be prepared to accept the offer and good offices of the UNHCR in seeking a resolution to the hunger and thirst strike. I am glad he has availed of the office's services.

The hunger strike is now in its fourth day in St. Patrick's Cathedral. Eight of the hunger strikers are minors, some of whom are unaccompanied and have been in the care of the HSE for up to two years and more. A number of them have been taken to hospital, including three today, one with a suspected heart attack. The human body deteriorates rapidly without food and water.

Dean Robert McCartney, Canon Pierpoint and their staff at the cathedral have handled the hunger strikers with great consideration and sympathy, providing sanctuary in the age-old tradition of the Christian churches. The situation, however, is totally unsatisfactory and worsening rapidly. I was there until 8.25 p.m. and my colleague, Deputy Michael Higgins, has been down a number of times and we have urged them to end the hunger and thirst strike.

There are avenues that can be pursued. A window of opportunity exists because none of them have been served with deportation orders and that offers room for flexibility. The men are not attacking the Minister's officials or saying the process is wrong; they are concerned that it does not take into consideration the needs of Afghan people in their situation. As a result, their applications are refused and they have no choice but to engage private legal representation and engage in judicial proceedings in the High Court because the process has not been properly dealt with. However, they have no money to do this.

This case has brought certain issues into the open which the Minister has scope to deal with if negotiations between him and the UNHCR are maintained. Having set the process in motion with the UNHCR, which unfortunately has not answered any questions, the Minister must open up the scope of the discussions and negotiations and allow these men's direct concerns to be articulated. There is scope for a solution but communication must be maintained. The Minister and his Government must be willing to seek and ensure that a solution is found.

Lives, including those of minors and those in the care of the State, are at stake. As far as I can gather, the HSE has not received the resources necessary to deal properly with some of these young people. A total of 20% of those on hunger strike, some of whom have been on thirst strike for four days, are minors. The Minister should also take into consideration these aspects of the case.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I commend the clergymen, Residents Against Racism and the Dublin Fire Brigade for the excellent work they have carried out over the four days to ensure the men involved in this protest are looked after as much as possible. Over 40 men and teenagers are engaged in this protest. They are tired, some are very ill and some of them have, regretfully, resigned themselves to their fate. Nobody undertakes a hunger strike lightly, much less sticks with it as long as these men have done, unless he or she is convinced of the correctness and justice of the case.

This protest was brought about by the failure of the asylum system in Ireland to take cognisance of these men's case, the lack of compassion in the system, the prejudicial assumption of illegality against applicants, the blind adherence to the Fortress Europe doctrine and the failure to introduce complementary protections for individuals who fall outside the narrow convention criteria for refugee status but who may still be in grave danger should they be forced to return to their country of origin.

I call on the Minister to declare Afghanistan an unsafe destination, as the Ministers for Foreign Affairs and Defence have done by sending peacekeeping forces there. The Minister for Justice, Equality and Law Reform should also declare that nobody who fails his draconian asylum process will be returned to a war zone or an unsafe country. I doubt if Afghanistan makes the dubious EU white list of safe countries. The Minister should either meet the men or send an official from his Department to meet them. They are in his constituency, their case should be listened to and they should be granted the right to remain until, at very least, the ongoing war in Afghanistan ends.

Jerry Cowley (Mayo, Independent)
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I am grateful for the opportunity to raise this very important matter. I welcome the intervention today by the UNHCR and ask the Minister to undertake an urgent review of the entire asylum process. I visited St. Patrick's Cathedral yesterday to discover why 44 Afghans were on hunger and thirst strike. These men must be assured that the asylum process will be fully transparent so that they know exactly what is going on at all times. They also need to be reassured that a decision has not already been made to deport the group en masse and that individual cases will be given proper consideration. They also need a translator who has no difficulty with the English language.

I was horrified to discover boys, some as young as 15, pupils at Terenure College in Dublin, who were on hunger and thirst strike. I visited them with Deputy Joe Higgins and we implored them to begin drinking again. They did so while we were there because they had received news that their representatives would meet Department officials. I understand that, unfortunately, some of them have resumed their thirst strike, which I very much regret.

The men were very upset that the system did not display the transparency they expected and hoped for. They were given no explanation as to why certain decisions were being made. Someone who had been guaranteed a response within three weeks would receive it one year later. They experienced difficulties with the Department translators who did not appear to have a full knowledge of English. These difficulties are compounding the situation in which they find themselves.

They deserve a fair hearing. I saw scars resulting from abuse on some of them. Space must be created to ensure that dialogue and justice can be achieved and seen to be achieved by the Irish people. This country prides itself on its compassion and I acknowledge the compassion shown by the courageous churchmen who, although they do not approve of the hunger strike, are treating the men with compassion; Dr. Austin O'Carroll; paramedics; ambulance staff who have tended to them; and the solidarity groups who are with them.

Most of all, I ask the Minister to extend the same humanitarian concern to these men that the Taoiseach asked to be extended to Irish people without proper documentation in the US. I hope the Minister acts in this regard. This problem can be easily resolved.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I compliment all those who have given assistance to the men and children in St. Patrick's Cathedral. I have concerns about the Refugee Appeals Tribunal and the men, whom I call upon to give up their hunger strike. I call on the Minister to do what he can either to meet with these men or facilitate a further meeting between them or their representatives and his Department.

My concerns about the Refugee Appeals Tribunal, which I have previously raised, still remain. The Minister appoints the members of the tribunal, there is no independent selection or interview and I have heard that at least one member has never granted leave to remain to any individual with whose case he has dealt. I do not know if the latter assertion is true but I do know that the process is at variance with international norms.

I make a direct appeal to the men and children to give up their hunger strike. I want them to go through the full legal process which remains available to them. It is crucial that they avail of this process and do not turn away from the agencies offering help.

I call on the Minister either to meet the men or facilitate a process of discussion with them. I am heartened by the fact that some meetings have taken place to date but there are real concerns about the process. Four out of every five applicants from Afghanistan have been refused. There are concerns about delays since some of the men have been waiting for decisions for many years, concerns that their stories are not being listened to by those they meet in the Refugee Appeals Tribunal and very simple concerns about translation and their inability to make themselves clear. The desperate measures they have taken are a reflection of the desperate situation which exists in the system, which needs radical reform. It does not simply concern the problems of Afghanistan; it also concerns the problems of the Refugee Appeals Tribunal. I ask the Minister to assess carefully any application made to him under section 3 of the Immigration Act 1999.

Michael McDowell (Dublin South East, Progressive Democrats)
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On Sunday, 14 May 2006, 34 individuals claiming to be Afghan nationals entered St. Patrick's Cathedral in Dublin and commenced a hunger strike, which they stated would not end until they were granted asylum or leave to remain in Ireland. There are approximately 40 such persons in the cathedral at the present time. No request has been received from the dean or chaplain of the cathedral for any form of State intervention to remove them. It is not true to suggest, as has been suggested in the House this evening, that some form of sanctuary has been offered or afforded to them.

I am advised that in respect of the individuals concerned, one person made an asylum application in late 2003, 18 people made asylum applications in 2004, 17 people made asylum applications in 2005 and four applications were made this year, one as recently as late March. Based on the information available, the Garda National Immigration Bureau believes that one individual in the cathedral may have been awarded refugee status and that one person may have been awarded leave to remain. As the majority of the cases in question are either in the asylum or leave to remain process, I am advised that on the basis of the names available to my Department at this stage, no individual has been issued with a deportation order.

It is important that I preface my remarks by pointing out that it has been the policy of successive Ministers for Justice, Equality and Law Reform not to comment on individual applications or groups of asylum claims from particular nationalities. That said, there are two fundamental principles underlying the asylum process. First, when asylum seekers come here and seek our protection, their cases are fairly and independently examined. Second, a deportation process after a person's case has been dealt with fairly and subject to the relevant statutory safeguards is central to the proper running of any immigration and asylum system.

Therefore, the task for the independent refugee determination agencies in the case of each individual asylum seeker is to determine whether, following investigation, he or she is deemed to fall within the terms of the refugee definition in the Refugee Act 1996 on the basis of all the information gleaned. As Deputies are aware, two independent statutory offices consider applications or appeals for refugee status, namely, the Office of the Refugee Applications Commissioner, known as ORAC, and the Refugee Appeals Tribunal, known as the RAT. The United Nations High Commission for Refugees is given full access to the refugee determination process and can examine any case at any time to ensure that fair procedures and our Geneva Convention obligations are complied with.

The asylum process in place in the State is comprehensive and compares well to many other countries, particularly our EU partners. This fact was recently acknowledged by a former UNHCR representative to Ireland who is quoted as stating that Ireland is now a model for the new member states of the European Union and that we now have "a system which in many respects is one of the best in Europe".

Every asylum application is considered on its merits. Not only is the case tabled by the applicant considered, but a wide variety of sources are also consulted by ORAC and the RAT before making a recommendation, including information from organisations such as the UNHCR, Amnesty International, other EU member states and media and Internet sources. The assessment carried out includes determining whether an applicant has a well-founded fear of persecution, whether the persecution is related to a Geneva Convention reason, whether the applicant is unable or unwilling to return to his or her own country, what internal protection alternative, if any, might be available within that country and credibility issues, which it is extremely important to consider.

Every asylum applicant is guaranteed a right of appeal to a statutorily independent and separate body, the RAT. Every asylum applicant is also guaranteed access to legal assistance provided by the Refugee Legal Service and to interpretation services. Therefore, I find it difficult to accept the suggestion that money is an issue for these asylum seekers. There is a legal service that provides assistance to all persons with stateable cases.

Joe Costello (Dublin Central, Labour)
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It is an issue.

Michael McDowell (Dublin South East, Progressive Democrats)
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Under the provisions of section 17(1) of the Refugee Act 1996, the final decision in respect of an asylum application is a matter for the Minister for Justice, Equality and Law Reform based on the recommendation of the Commissioner or the decision of the tribunal. However, under the legislation scheme, the Minister is obliged except in exceptional circumstances to accept a recommendation that a person should be given refugee status.

Regarding the processing of claims from unaccompanied minors for asylum, strong safeguards are in place, including assistance from a representative of the Health Service Executive in each case and comprehensive access to the Refugee Legal Service. Comprehensive training is provided to specialist case workers who deal with unaccompanied minors in ORAC and members of the RAT. This training, in conjunction with the training in the asylum process, has been provided in co-operation and consultation with the UNHCR.

In the course of contributions, reference has been made to the presence of minors among the group in question. While some people refer to them as children, they seem to be between the ages of 16 years and 18 years.

Michael D Higgins (Galway West, Labour)
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Or 15 years.

Michael McDowell (Dublin South East, Progressive Democrats)
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Whether it is permissible or appropriate for an unaccompanied minor to be allowed by adults to participate in a hunger strike or threaten self-harm as part of an organised protest is a matter not merely for those adults but also the HSE, which must form a judgment in the interests of that minor and take whatever action is appropriate to protect the minor. I wish coldly and rationally to emphasise this point.

Joe Costello (Dublin Central, Labour)
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The HSE is doing that. It is in the cathedral.

Michael McDowell (Dublin South East, Progressive Democrats)
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We must consider the minors' interests separately. No adult of any kind or from anywhere has the right to organise a protest in which self-harm or hunger striking is encouraged on the part of a child. There is no walking away from this. We will not be manipulated by people who are attempting to exploit minors and put them in the way of danger.

Joe Costello (Dublin Central, Labour)
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The Minister should not blame the HSE.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Order.

Michael McDowell (Dublin South East, Progressive Democrats)
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I am not blaming the HSE in the slightest. I have full confidence that the HSE will take every step in accordance with its statutory duty to protect minors. Others, particularly support groups, should see the wood from the trees. No group of adults or political lobby has the right to take children or minors and put them in the way of self-harm. It is fundamentally wrong and must be condemned out of hand.

Asylum applicants from Afghanistan amounted to 24 people in 2003, 106 in 2004, 142 in 2005 and 40 to the end of April of this year. After a fair and comprehensive determination process at first instance in ORAC, there were 30 grant applications, which is more than 10%, in the period 2003-06 to date. This compares to 232 refusals during the same period. At appeal stage in the RAT, the number of Afghan refugees granted status was 23 in the same period. In total, there were 53 grant applications, an undeniably high recognition rate. The number refused status at appeal was 76 during the same period. It is emphatically not the case that anyone who travelled from Afghanistan to Ireland by whatever means — there are no direct flights — can demand to remain in Ireland simply by pointing to the disturbed or dangerous conditions that may obtain in parts of that country. If that were the case, the State would be obliged to accommodate any person claiming to be an Afghan.

In accordance with section 3 of the Immigration Act 1999, as amended, a person who has failed the asylum process and been refused refugee status in the State is entitled to make representations to the Minister within 15 working days setting out reasons as to why he or she should not be deported, voluntarily leave the State or consent to deportation. This is colloquially referred to as the humanitarian leave to remain phase.

Following consideration of each case, a decision is taken on whether to deport or grant temporary leave to remain. Section 3(6) of the Act requires the Minister to consider 11 factors, including representations received by or on behalf of the person, family and domestic circumstances, humanitarian considerations etc. The safety of returning a person, or refoulement as it is referred to, is fully considered in every case when deciding whether to make a deportation order. This means that a person shall not be expelled from the State or returned in any manner whatsoever to a state where, in the opinion of the Minister, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. The Department of Justice, Equality and Law Reform uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to third countries. I am satisfied that the procedures followed in all cases ensure that all asylum requests are considered in a comprehensive and fair manner.

At the request of the individuals concerned, a meeting was held with senior officials of my Department on Tuesday afternoon at the headquarters of the Irish Naturalisation and Immigration Service. The meeting was attended by some of the persons in the cathedral, representatives of the Church of Ireland and the chairperson of the Afghan Social Cultural Centre and the Afghan Society of Ireland. Absolutely no negotiations took place at this meeting. It presented an opportunity for the individuals in question to communicate their issues and concerns to the Department.

At the meeting my officials, while clarifying that they were not in a position to speak about individual cases, took the opportunity to outline the comprehensive statutory framework and procedures governing the asylum and leave to remain process, which I have just explained to this House yet again. It was also pointed out at the meeting that the Government is not in a position to concede to demands from the protestors with regard to the awarding of residency status in this State. No decision will be taken, except in the context of the normal statutory framework governing the asylum and leave to remain process.

It was further pointed out that concessions of the sort demanded would have major negative consequences for the asylum process. At times there can be over 100 nationalities in our asylum system and to concede to such group demands from the protestors would have inevitable negative consequences for the entire refugee determination process. There is no doubt that it would also act as a pull factor in terms of a major increase in asylum applicants on the basis of a perception that they would benefit from similar action. I am not going down that road and the Belgian experience is warning enough for me and the Government of the consequences of making bad decisions in the face of such tactics.

The UNHCR representative in Ireland offered to meet a representative group of the protestors this evening. That meeting has taken place and I am grateful to the representative for the intervention.

I reiterate what the Taoiseach said in this House yesterday, that we simply cannot operate our asylum and leave to remain process on the basis of caving in to threats of hunger strikes or the occupation of historical buildings. I have, in the past, been confronted with threats of hunger strike by people who have sewn their mouths shut to demonstrate their determination. I have been confronted with threats of suicide, self-harm and so forth. It has been our invariable practice to refuse to be influenced by such tactics. No democratic society can do business on that basis and the Irish people would not tolerate us capitulating in such a fashion.