Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 68: To ask the Minister for Justice and Equality if he intends to conduct a value for money review of expenditure on direct provision accommodation; and if he will make a statement on the matter. [13848/12]

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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Question 69: To ask the Minister for Justice and Equality if he will carry out an audit of policy of direct provision and dispersal to ensure it meets human rights standards in Irish law and in international human rights treaties that Ireland has ratified. [13854/12]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 68 and 69 together.

I am satisfied that the system of direct provision system and dispersal, which was established in 1999, is in compliance with human rights obligations placed on the State by domestic and international law. I do not believe an audit as suggested in the question is warranted.

Over the years, the direct provision system has been open to scrutiny by many international bodies. Centres have been visited by various UN bodies, including the UNHCR, the Council of Europe Human Rights Commissioner and, in recent weeks, the European Commission against Racism and Intolerance of the Council of Europe. Further, as Members know, on 6 October 2011 in Geneva, I appeared before the UN Human Rights Committee in connection with its scrutiny of Ireland under the universal periodic review, UPR, process. No recommendation was made in regard to the direct provision system in the committee's subsequent UPR report on Ireland.

All accommodation centres under contract to the Reception and Integration Agency, RIA, of my Department are obliged to ensure that their premises comply with and operate in accordance with all relevant statutory requirements of local authorities in regard to planning, building, by-laws, bedroom capacity, food, food hygiene, water supply, sewage disposal, fire precautions and general safety. The system of direct provision and dispersal is one of the central features of the State's asylum system. I am satisfied that the treatment of asylum seekers in this country is at least on a par with any other country and that the direct provision system delivers a high standard of service and value for money to the taxpayer through co-ordinated service delivery to asylum seekers.

A comprehensive review on the operation of the asylum seeker accommodation programme was carried out, and the subsequent report, "Value for Money and Policy Review - Asylum Seeker Accommodation Programme", was published in May 2010. The report considered the following alternatives to the existing direct provision structures: allow asylum seekers to claim social welfare and rent supplement; provide self-catering accommodation; and local authority housing. The review found that these options would be significantly more expensive than direct provision and concluded that using direct provision has proven to be the correct choice in providing for the accommodation needs of asylum seekers. The report is available on the RIA's website, www.ria.gov.ie, and on my Department's website, www.justice.ie. Copies are also available in the Oireachtas Library.

The report found that the primary objective of providing accommodation and ancillary services to asylum seekers has been met since the inception of the direct provision system but went on to make a number of recommendations for greater efficiency. These recommendations included a reduction of operational spare capacity from 15% to less than 10%, the introduction of a mix of "contracts for capacity" and "contracts for availability and occupancy", as well as a "more open" tendering system.

The RIA has reported to me that it has made considerable progress on reducing operational spare capacity in line with the recommendations in the value for money report and, currently, the overall occupancy rate is 89.06%. In the area of the contracts mix, the RIA reports that it is systematically implementing this recommendation when contracts arise and where it is appropriate to do so. Currently, eight out of the 38 existing centres operate on more flexible contracts that achieve the objective of the recommendation.

The RIA is currently in the final stages of an open EU tender competition for the management of the seven State-owned RIA accommodation centres in the county. When this is completed, work will begin on the preparation of a "more open" tender competition for the commercially-owned and operated centres in the RIA portfolio.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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The first question deals with the value for money review on expenditure. There are approximately 39 accommodation centres State-wide and we are dealing with close to 5,500 people. It is my understanding that the Reception and Integration Agency does not actually lease the premises but instead leases services, such as accommodation, housekeeping and facilities. The Minister has said in the past that it is not the interests of the taxpayer that details of individual contracts are made known to the public because individuals may be in future negotiations with the RIA in regard to provision centres. Nonetheless, we need to know whether we are getting value for money and we do not know that.

We need to examine this issue given the whole system has come in for a lot of criticism. The Minister himself said it is not the ideal system to deal with asylum seekers and that it would be considered in the context of the upcoming immigration Bill, which I welcome.

On the other issue concerning the centres, the Minister referred to the UNHCR, which has expressed concern around the effects of long stays within these centres. The figures available suggest that 40% of current residents have lived in such centres for three or more years. The effect this has on the individual was summed up in a paper produced by the European Anti-Poverty Network Ireland, which states:

This system directly creates poverty and social exclusion as well as isolation and widespread depression and mental illness. The explicit exclusion of asylum seekers from integration policies stores up social problems for the future. Many people who receive refugee status or leave to remain in Ireland have been de-skilled and have become socially isolated, wasting a potential resource of new skills, ideas and energy which could be available to the Irish economy and society.

It is clear that the whole system of direct provision must be examined and we must address it.

Alan Shatter (Dublin South, Fine Gael)
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The Deputy and I agree that the current system does not work well in the sense that when someone seeks to be granted political asylum, an initial decision is made as part of an appellate system which people are entitled to appeal. Then a series of further applications can be made. This draws out something that should produce a decision within a six month period. However, in most cases it can go on for many years not only because of the facility to appeal the initial decision, but because of the facility to make a series of further applications to seek permission to remain in the State.

The Deputy stated that people are in direct provision for too long and I agree. It is a product of legislation which has developed piecemeal over the years and which has not ensured that all relevant decisions on an individual who seeks to remain in the State can be made on the initial application with one appellate system. Instead, myriad approaches can be taken. Those in direct provision chose to take these approaches. In circumstances in which an application is made for asylum and where it is not granted and where the refusal is upheld on appeal, an individual is free to leave the State and go elsewhere. There are several individuals who properly and correctly apply for political asylum and are allowed to remain here. Others use other formats to seek permission to remain and they are allowed to remain as well. However, there are a substantial number of people who seek political asylum and who at the end of the process have no basis to remain in Ireland or are not allowed to remain in Ireland and in respect of whom a request is made to leave and for whom a deportation order must be made. The system at the moment does not work efficiently.

This is why we need the new legislation which will be dealt with as I informed the Deputy when we met at the Oireachtas Joint Committee on Justice, Defence and Equality. I hope to publish a new Bill rather than table 300 amendments to the old Bill. I hope we will finally get to progress this in the autumn. It will result in decisions being made more quickly and it will result in people in direct provision remaining there for a far shorter period. However, as things stand direct provision is economically the most efficient way of dealing with matters for the State.

The experience of the State in years gone by when it purchased premises to provide accommodation for asylum seekers has involved the creation of all sorts of difficulties. Expense was incurred and on occasion certain premises could not be utilised for the purpose for which they were acquired. There were difficulties in the planning process. Objections were lodged by local communities. In the context of where our legislation stands at present, the current system is the least worst alternative. In the context of some of the reviews undertaken, direct provision works as well as it could given the background difficulties that remain to be addressed and given the need for the State to ensure that expenditure is kept within reasonable limits.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Is it fair to say from the Minister's response that he is in favour of a different system and this is something he will examine in light of the upcoming immigration Bill? The Minister may not have the figures before him and if not, I understand. What is the average time for processing applications? If the Minister does not have this information, I would appreciate it if he would forward it to me.

Alan Shatter (Dublin South, Fine Gael)
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I do not have the answer to that. The Deputy should remember that in the context of processing applications the duration people stay in direct provision and the difficulties they experience are not solely the issue of the legislation. An extraordinary number of applications are made by way of judicial review to the High Court when applications are turned down. Then, rather than my Department engaging in a decision making process or those dealing with asylum applications dealing with these cases, the matter falls into the courts. By the time they wind their way from the High Court to the Supreme Court, judicial review applications can add three years on to a process. A range of issues arise. I hope that by ensuring we have more-----

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Humane?

Alan Shatter (Dublin South, Fine Gael)
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-----comprehensive legislation which allows decisions to be made on all aspects of the issues that arise and that by developing a single decision making process matters will be dealt with more speedily. If this becomes the case, people will not be in direct provision for as long.

An interesting issue arises once the new legislation is enacted in respect of whether there should be some timeframe within which certain steps must be taken by the State and, if not, whether people may live in circumstances other than direct provision. The State is not in a position to fund expensive accommodation for those seeking to remain here who have arrived here without appropriate visas and who are making claims for asylum or claims that they should be given leave to remain here. The State is not in a position to spend an open-ended pot of money on providing alternative accommodation for individuals.

Even after the enactment of new legislation direct provision will be with us, but I hope that we will have more efficient systems to ensure that applicants have their cases progressed a great deal more speedily and that the provisions will substantially delimit the circumstances in which it is appropriate to take judicial review applications with the resultant expense to the State of cases of applicants being dealt with through a court system.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 70: To ask the Minister for Justice and Equality if he will introduce guidelines for his Department to ensure that when they are making a decision to relocate a person in direct provision accommodation, they will take account of their physical or mental health, cultural, religious backgrounds and the potential for conflict within another centre because of their ethnicity. [13856/12]

Alan Shatter (Dublin South, Fine Gael)
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The Reception and Integration Agency, RIA, of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. RIA currently provides accommodation to approximately 5,300 persons throughout 38 accommodation centres.

When asylum seekers make their initial asylum applications, they are referred to RIA for accommodation within the direct provision system. First, they are temporarily accommodated in a reception centre in Dublin where they are offered medical screening and linked in with community welfare services. Access is also provided to GPs, public health nurses and psychological services. After two weeks, these asylum seekers are scheduled for dispersal to accommodation centres throughout the country, subject to clearance by the HSE health centre in the reception centre. If there are particular health concerns, a person may be retained for a period at the reception centre or may be dispersed to specified accommodation centres with access to particular health services. Even after dispersal further health needs may present and RIA's internal administrative health unit and the local health services will review any particular health need. The RIA has access to an independent medical referee to assist in the assessment of particular health needs in such cases.

The RIA will always consult management in accommodation centres who have knowledge of local services and their resident profile in respect of religious, cultural and ethnic backgrounds. This feeds in to decisions on where an individual asylum seeker will be sent. Generally, persons of similar ethnic background are accommodated together within a centre. Centres also provide facilities such as places of worship and will assist residents in linking with religious, cultural and ethnic groups and communities near their accommodation centre.

Accommodation placement is a logistical operation for RIA and each case is considered individually. The RIA works to match asylum seekers to suitable accommodation in respect of family profile and aspects such as access to school places, health, social and community services and accommodation availability. Nevertheless, the system must operate within the inevitable constraint that RIA can only accommodate persons in centres where suitable vacancies exist. Where an asylum seeker wishes to transfer from one centre to another, they can write to RIA stating the grounds for requesting a transfer. RIA must manage the accommodation portfolio as a whole, taking into account the needs of those already in accommodation, the needs of newly arrived persons and the needs arising from changes of circumstance, such as newborn babies, health issues, etc.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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In that regard, will the Minister look again at the EU directive on minimum standards for the reception of asylum seekers - it may be directive 2039 - which deals with many of the issues he has just outlined? It also deals with an issue raised in the previous question, that if the State does not make a decision within a certain timeframe, certain steps will be taken to deal with that. Many of the issues are dealt with in the directive and I urge the Minister and the Department to look at it again because we have not opted into it yet.

Alan Shatter (Dublin South, Fine Gael)
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I am always happy to look at anything that may contribute to how we should properly deal with these matters within the resources I have available to me and to ensure that people are treated correctly and properly and that if difficulties arise, be they health or other difficulties, they are fully and properly addressed.