Derek Nolan (Galway West, Labour)
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I take the opportunity to acknowledge the commitment given in the programme for Government to "introduce comprehensive reforms of the immigration, residency and asylum systems". This is certainly an area in urgent and dire need of such reform. I hope this commitment includes as a given the reform of the system of direct provision. In Galway city alone there are three direct provision centres and although the residents are not permitted to vote in general elections, I interact with them on a weekly basis: they visit me at my clinic; I meet them at community events and encounter some of them who have even ventured further and become politically active. What is so obvious to me and what I find lacking so often in the debate on these matters is that the residents in these centres - refugees and asylum seekers - are normal people with hopes, dreams and ambitions, as well as problems, troubles and challenges, just like every other human being.

There is a political difficulty in raising this issue because of a backlash from sections of the media, rage among small elements of the public and stark indifference on the part of many. I have received hate mail only once in my life in response to a letter I wrote to a local Galway newspaper on this topic. In the letter I cited as an example a middle aged woman whom I had met the previous weekend. She was from central Africa and had been in the asylum system for three years. She did not know how long her application would take to be processed or what her future might be and she was frightened. She shared what was once a small hotel room with two other women whom she did not know and she had no personal space or privacy. Her life was tedious; she could not work or afford to access education and her allowance of €19.10 a week did not allow her much scope when a return bus fare to the city centre cost €3.20. For three years she did little or nothing, the only exceptions being taking English lessons and interaction with fellow residents. Comprehending a life of doing nothing for a prolonged period is all but impossible. The very tedium, nihilism and pointlessness of it all has huge implications.

During a visit to one centre in Galway I witnessed a fist fight, the cause of which was the rota for access to the communal washing machines. I am told by residents that such outbursts are a regular occurrence, the result of built-up tension, frustration and aggravation. They are also worried about the prevalence of depression, but they are often very dubious about reporting problems or concerns. They are afraid to report matters for fear their application might be prejudiced.

I am certainly not alone in having concerns. The Free Legal Advice Centres argue that the system of direct provision does not adequately meet the health, legal, social and cultural needs of residents. The Jesuit Refugee Service warns of the long-term negative institutional effects of direct provision centres. Human rights academics question the dubious legal standing and human rights implications of their operation. There are seriously worrying reports from agencies such as the Galway Rape Crisis Centre on the exploitation of women and children both within and without the centres. I sometimes wonder if we are looking at the source of the Cloyne reports of ten or 15 years time.

It is not true to say there is no function or use for the system of direct provision. For many of those entering the system it provides a welcome immediate environment in which to base oneself, engage with health and legal services and acclimatise oneself to the country. That period, however, should not be excessive and a maximum limit should be imposed. The system was introduced with the intention of housing people for no more than six months and that limit should be enforced. We cannot continue to institutionalise people in these circumstances indefinitely. For these reasons, I am calling for a comprehensive review of the system of direct provision to address the concerns I have raised, including a statutory maximum stay of six months; the introduction of an independent complaints body to hear and investigate the concerns of the residents of these centres; and an overhaul of the immigration and asylum process in order that people receive quick, just and fair decisions in a transparent manner.

Ruairi Quinn (Dublin South East, Labour)
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I am responding on behalf of my colleague, the Minister for Justice and Equality. I propose to explain what the direct provision system is; how it came about; why it remains a necessary feature of the State's asylum and immigration system; and why legislative proposals before the House will, if passed, of necessity reduce the length of time persons stay within the system.

The accommodation of asylum seekers through the direct provision system is the responsibility of the Reception and Integration Agency of the Department of Justice and Equality. Direct provision means that the State, through the RIA, assumes responsibility for providing for asylum seekers suitable accommodation and certain other services on a full board basis. All accommodation costs, together with the cost of meals, heat, light, laundry and maintenance, are paid directly by the State. Asylum seekers in direct provision accommodation also receive a weekly cash allowance which takes account of board and lodgings and other ancillary benefits provided through the direct provision system. Asylum seekers can also apply to community welfare officers for assistance to meet a particular once-off need by way of an exceptional needs payment under the supplementary welfare allowance scheme. Payments under this category cover once-off costs such as back-to-school clothing and footwear.

In addition to full board accommodation, the RIA co-ordinates, through other Government bodies, a number of ancillary services for asylum seekers in direct provision accommodation. All asylum seekers are offered free medical screening on arrival in the State which provides access to health services for asylum seekers on the same basis as for Irish citizens. Asylum seekers in direct provision accommodation will generally qualify for a medical card whereby they are eligible to receive a wide range of health services free of charge, including GP services and prescribed medicines. Other HSE provided supports include the public health nurse service, as well as a dedicated asylum seeker psychological service.

Asylum seeker children are entitled to access free primary and post-primary education on the same basis as an Irish citizen. In addition, English language supports are made available to adult asylum seekers; in some cases, facilities are provided on-site in RIA accommodation centres for such classes. At a number of centres the RIA has provided facilities for on-site pre-school services.

As of today, the RIA has 45 asylum seeker accommodation centres across 18 counties accommodating just over 5,700 residents. The system is constantly evolving, taking account of the ebb and flow of residents and the financial resources available to the RIA. Overall, demand for RIA services is declining. At the beginning of 2009 the RIA was accommodating an overall number of 7,002 asylum seekers. Today it is accommodating just over 5,700 persons, a reduction of 18% during this period.

The direct provision system did not come about by accident. It was a necessary response to the increasing number of asylum seekers arriving in the State. Before 1999 asylum seekers were treated as homeless under the structures then in place. These structures were entirely unsuited to the situation facing Ireland; the homeless service of the then Eastern Health Board could not cope and there was a serious prospect of widespread homelessness among asylum seekers. In response to this serious and unprecedented challenge the organisation subsequently named the Reception and Integration Agency was established to co-ordinate the scheme of dispersal and direct provision for asylum seekers

The direct provision system is only one element of the State's response to its international obligations on the asylum issue. As well as educational, health and welfare costs, there is the asylum determination system, as well as the downstream judicial and policing costs. In the past five years the total amount spent across government on asylum seekers was €1,275.31 million, of which €424.43 million was spent on the direct provision system. Clearly, meeting our international obligations in this respect consumes considerable public moneys. Ireland is not unique in this respect. All countries which take their responsibilities in this regard seriously are faced with similar calls on their financial resources.

On the matter of application processing times and consequent length of time spent in the direct provision system, the Minister has asked me to point out that some cases can take significantly longer to complete owing to, for example, delays arising from medical issues or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and high quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process.

For the sake of completeness, the Minister has asked me to point out that persons who are refused a declaration under section 17 of the Refugee Act 1996, as amended, enter what is commonly referred to as the "leave to remain" process which generally has two elements to it: an application for subsidiary protection and further consideration to be given under section 3 of the Immigration Act 1999, as amended. This is separate from the asylum or refugee status determination process. The processing of cases at this point is also complex and extremely resource intensive and there are no quick or easy decisions to make. Given the life changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention.

The Deputy might like to note that the Minister has taken steps to speed up the processing of applications by redeploying staff from the refugee determination bodies primarily. The Immigration, Residence and Protection Bill 2010 which the Minister recently restored to the Dáil Order Paper provides for the introduction of a single procedure to determine applications for protection and other reasons to remain in the State. This should substantially simplify and streamline the existing arrangements. This reorganisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their applications in a more straightforward and timely fashion. The Deputy is probably aware that the Minister is developing a number of amendments to the Bill before commencing Committee Stage which he hopes to be in a position to take in the near future.