Maureen O'Sullivan (Dublin Central, Independent)
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I thank the Leas-Cheann Comhairle. I am glad to have the opportunity to raise this issue which is causing a lot of stress and concern to those affected who are living in direct provision.

We are aware of the difficulties and the issues in direct provision, some of which are being addressed. There have been improvements, but there are other issues ongoing.

This most recent controversy concerns those letters that have been sent to some asylum seekers. Some of them are on deportation orders. Some are waiting on the outcomes. There are some whose status has been resolved. Basically, they have to leave where they have been living.

Of course, this marks a major shift in Government policy. It also marks what can only be described as a lack of compassion and humanity. Those who received the letters were given a certain date by which they had to leave. The letters inform the mainly single, male asylum seekers that the Reception and Integration Agency, RIA, has no role in the provision of accommodation for persons once a decision has been made on their application. Some of those who received the letters telling them to leave have been subject to deportation orders for several years, orders that have not been effected. Some are from countries to which we really could not deport anyone. Until now, the RIA has housed asylum seekers subject to deportation orders, but the recent letter means that it is now reneging on what is set out in the 2010 value for money and policy review, which reads as follows: "The RIA accommodates persons at every stage of the asylum process and beyond that to a point of resolution of the case. The RIA will accommodate persons who have effectively failed the asylum process ... and that accommodation will only cease where a deportation order or other removal has been effected".

What we are seeing is pushing more and more people into homelessness, emergency accommodation or rough sleeping. The directive will increase the numbers of homeless persons at a time when the homelessness figures are rising. We do not need additional homeless persons. The agencies and local authorities working with the homeless are already overstretched. They do not have enough accommodation to house the people who are on their lists.

I understand the principle behind this move, which is to get people out of the direct provision system, which is what the people themselves want. However, the unintended consequence is that such persons are moving into homelessness. I have met one gentleman living in direct provision accommodation who earnestly wants to move into private rented accommodation. He has told me about the call after call and visit after visit he has made looking for accommodation, all of which have been unsuccessful. Another gentleman has had refugee status for over a year, but he has been unable to find accommodation. He has been looking in places other than Dublin but to no avail.

Asylum seekers, including those subject to deportation orders, have no entitlement to social welfare payments. There also appears to be a problem for those outside the direct provision system in accessing homeless services. Of course, once they leave the direct provision system, they do not receive the weekly allowance of €21.60. The housing assistance payment, HAP, scheme has been beneficial for some, but in reality, if Irish people with families and connections are finding it difficult to find a landlord to accept housing assistance payments, one can only imagine the difficulties involved for someone subject to a deportation order. Surely, there is a duty of care on the part of the Department to those who are claiming asylum, many of whom have fled horrific circumstances in their country of origin. That duty of care should last until a person is granted asylum or leave to remain, leaves voluntarily or is deported.

David Stanton (Cork East, Fine Gael)
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The question to which I was asked to respond was about developments for people living in direct provision accommodation and the Reception and Integration Agency, RIA. The answer I have, therefore, is general and may not actually address the specific issue raised by the Deputy. However, I will try to address it if I have time to do so.

I thank the Deputy for raising this important matter. Direct provision is the system whereby State services are directly provided for protection applicants through the relevant Department or agency. We are talking about asylum seekers or refugees. We do not know who or how many will arrive on our shores in need of or claiming protection. What we do know is that all applicants are immediately offered shelter, full board accommodation and a range of services such as health and education while their application for international protection is being processed.

Of course, no system is without room for further improvement. The Government commissioned the retired Judge Dr. Bryan McMahon to chair a working group to carry out a report on the protection process and the system of direct provision. That report was published in June 2015 and forms the basis for ongoing improvements across the entirety of the system involving all relevant Departments and agencies. In June 2017 the third and final audit of the implementation of the recommendations contained in the report was completed and is available on the website of the Department of Justice and Equality. The audit shows that the vast majority of recommendations have either been implemented or partially implemented or are in progress.

The International Protection Act 2015 was commenced on 31 December 2016. A key feature of the legislation is the introduction of a new single application procedure which will, in time, accelerate the protection determination process and reduce the length of time applicants spend in State-provided accommodation. A number of recommendations made in the McMahon report are related to accommodation and services are being rolled out, including full independent living at the Mosney accommodation centre, cooking facilities in many other centres, proactive engagement with residents and agencies through the "friends of the centre" model and the engagement of an independent assessor to carry out a nutritional audit in centres that are currently catering fully for residents. In addition, the remit of the Ombudsman and the Ombudsman for Children has been extended to cover those living in State-provided accommodation. The Department has also co-ordinated the preparation of a multi-departmental information booklet for persons who have been granted any type of leave to remain in the State and a number of NGOs have been awarded moneys under the EU Asylum, Migration and Integration Fund, AMIF, specifically to provide assistance for persons who have been granted status to move out of State-provided accommodation. It is clear that significant improvements have either been or are being implemented across all aspects of the system of supports for those in the protection process.

When a final decision is made on a person's application, that person is either granted or refused permission to remain in Ireland. For those who are granted leave to remain, we are working with the NGO community, housing agencies, local authorities and religious groups to provide assistance for them to enable them to move into permanent accommodation in communities throughout Ireland. On the other hand, it is incumbent on those subject to deportation orders to remove themselves from the State. It is an integral part of the immigration regime of all developed states that those who have been given due process and determined to have no right to be in the state should remove themselves. If they fail to do so, they will be forcibly removed. A deportation order arises after an extensive process, including various appeal stages. This is the final step and most people voluntarily comply with a deportation order. In fact, they receive a warning letter beforehand, telling them that one is on the way. In that context, it is unreasonable to expect that persons who are the subject of deportation orders can continue to remain in State-provided accommodation indefinitely. If persons wish to comply with a deportation order, they may contact the Irish Naturalisation and Immigration Service, INIS, which will assist them in that process, in other words, pay their fare out of the country. I ask Deputies to encourage people to make contact with the INIS and tell them that they will be helped to leave the state. Prior to the making of a deportation order, assistance and support are available from the INIS for those asylum seekers who wish to leave the state.

I must correct the Deputy on one point. Asylum seekers are not receiving the letters to which she refers. The recipients are not asylum seekers because a determination has been made on their status.

Maureen O'Sullivan (Dublin Central, Independent)
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I thank the Minister of State for his response. One of the people I have met has refugee status and been trying for over a year to find accommodation but without success. Some of the people who are the subject of deportation orders do not, for various reasons, believe it is safe to go back to their country of origin and are going to try, for obvious reasons, to fight the deportation order for as long as it takes.

I welcome what the Minister of State said about people being supported in finding accommodation. However, we know that there is a crisis in the provision of accommodation and I feel for those who have been granted leave to remain but who are still living in direct provision accommodation because they have nowhere else to go. They are under terrible stress because they have been told they will have to move out. I know that they have been offered a meeting, although I am not sure if it is with the Minister or departmental officials. I am concerned about the way in which letters arrive to people who are extremely vulnerable, some of whom have been here for a long time. I accept the Minister of State's point that some of them should have left, but they are still here. In some cases, their children were born here. They are in a really difficult situation. The letters also state the RIA has a limited supply of accommodation to cater for new applicants, but according to RIA data, as of the end of August, there were 464 spare places available in direct provision centres.

As the Minister of State is aware, there was a recent Supreme Court case on the right of asylum seekers to work. A task force has been given six months to look at the implications of the court's ruling. One can only imagine how demoralising it is for those who are unable to work. The day stretches out endlessly in front of them. There are people here who have valuable skills who want to contribute to society and would be able to do so. However, they are unable to work. When does the Minister of State expect to receive the report? I know that the task force was given six months in which to report, but does the Minister of State have any idea whether it will report within six months or whether it will take longer to do so?

David Stanton (Cork East, Fine Gael)
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As far as I know, we are still awaiting the report of the task force. I cannot comment on the report or pre-empt its findings until I receive it.

I am not aware of any person with children who is subject to a deportation order who has received a letter telling him or her to leave the country or reminding him or her that he or she should leave. My understanding is 23 letters were sent, all of them to single persons who will be helped to leave the country. They have been through every hoop and loop of which one could think and every appeals process possible.

They still have not proven their right to be here. Deputy O'Sullivan also mentioned people in direct provision who have status and leave to remain. I have met many NGOs and other groups and we are doing everything we can to get accommodation for the people in question. We want to help them move on with their lives. As I mentioned earlier, everybody who comes here looking for asylum is given a position straight away. Things are getting tight now, however, and I am getting worried about the coming winter. We currently have only 150 beds or so left, which is why it is imperative that we help people move on into accommodation. The letters they received can be used to show that they need to move on. Nobody is going to be forcibly removed from a direct provision centre. That will not happen unless there is a deportation order, in which case the people in question should be gone anyway. If they present themselves to us we will help them fly out of the country and return to where they want to go.

It is certainly not the case, as far as I know, that children are involved here. I would also be interested in any NGO group that might like to come forward to assist with this. I have met the groups and invited them to let me know and I look forward to working with them. People have said we should get rid of direct provision but I have yet to see anybody come forward with an alternative that will work. Somebody coming into Ireland today will have a bed tonight.

Maureen O'Sullivan (Dublin Central, Independent)
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I thank the Minister of State.

Pat Gallagher (Donegal, Fianna Fail)
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Go raibh maith agaibh. Tá an Dáil ar fionraí ar feadh 40 bomaite.