Dáil debates

Tuesday, 24 October 2023

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Social Welfare Code

11:00 pm

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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53. To ask the Minister for Employment Affairs and Social Protection the details of any engagement between her Department and the Department of Children, Equality, Disability, Integration, and Youth with regard to the introduction of a payment equivalent to child benefit for all children in the international protection process, as promised in the White Paper to End Direct Provision and to Establish a New International Protection Support Service; and if she will make a statement on the matter. [46451/23]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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My question is specifically to ask what engagement there has been between the Department and the Department of Children, Equality, Disability, Integration and Youth with regard to the introduction of a payment equivalent to child benefit for all children in the international protection process. I say this conscious that it is something clearly set out in the White Paper, which is more than two and a half years old. It was also in the advisory document prior to that.

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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I thank Deputy Connolly for the question. Applicants for international protection who are awaiting a decision on their application are offered accommodation by the International Protection Accommodation Service, IPAS, of the Department of Children, Equality, Disability, Integration and Youth. Those who accept such accommodation are provided with material reception conditions, including food and health services, together with other facilities and services designed to ensure their needs are met while seeking the protection of the State. The Department of Social Protection administers the daily expenses allowance which is paid to protection applicants who reside in accommodation provided by IPAS in order to meet personal expenses.

To receive child benefit in Ireland parents must be habitually resident in the State. The habitual residence condition is designed to provide entitlement to non-contributory benefits, including child benefit, to those who have established their connection to Ireland. Applicants for international protection do not satisfy the habitual residence condition and are, therefore, not eligible for child benefit. The habitual residence condition is provided for in Irish social welfare legislation and is in accordance with EU legislation and with European Court of Justice jurisprudence.

The White Paper on Ending Direct Provision was published in February 2020. It sets out a structure for a two-phase approach to accommodating applicants for international protection. In phase 1, the Department of Social Protection will continue to provide a daily expenses allowance as the income support payment to protection applicants while they reside in a reception and integration centre. In phase 2, applicants will move to accommodation in the community. A new international protection payment will be made by the Department of Children, Equality, Disability, Integration and Youth to those protection applicants resident in the community who are still awaiting a decision on their application for protection.

The Department of Children, Equality, Disability, Integration and Youth is leading the implementation of the recommendations contained in the White Paper to End Direct Provision. The Department has ongoing engagement with the Department of Children, Equality, Disability, Integration and Youth on these issues bilaterally and on a cross-Government basis.

Any potential new payment to children in the international protection process equivalent to child benefit is a matter for the Department of Children, Equality, Disability, Integration and Youth. The role of the Department of Social Protection, if any, will be that of facilitator of any such payment.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I had the opportunity to read the reply and I have to say I am really disappointed with it. Half the reply is telling me that people have to be habitual residents. I know this. The purpose of the question was to ask about those seeking international protection. Clearly they do not have residency. This is the result of an unjust system set up more than 21 years ago. It was supposed to be temporary. It has been the subject of numerous reports going back to the McMahon report. The most recent report is from the Ombudsman. It is the first time the Ombudsman has done a special report on serious concerns for the welfare of children. In my next supplementary question I will speak more about this.

My question is in the context of this and the White Paper which promised to abolish direct provision. The Ombudsman acknowledges the terrible pressure on the Government given the number of refugees who have come to our country in the past year. I also acknowledge this. However, direct provision was supposed to be abolished and the White Paper specifically recommended a payment equivalent to child benefit. The Minister of State might direct his second reply on this.

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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I thank Deputy Connolly. I understand the information she is looking for. I am here in my role with the Department of Social Protection. This Department's main role is administering the payment. I can state from my role in the Department of Children, Equality, Disability, Integration and Youth that funding has been secured for a new child payment. Beyond this there is not a large amount I can give in detail. I gave the context of the habitual residence condition because it was not the case in the past and it was possible to get child benefit. This means there is now a need for additional supports.

It is worth saying that the Department of Social Protection supports applicants for international protection through additional needs payments. Importantly, and not everyone is aware of this, there is also the back-to-school clothing and footwear allowance. The Department also supports international protection applicants who take up employment. Permission may be sought by applicants from the Department of Justice to have access to the labour market after six months. Importantly, and not everyone knows this, applicants for international protection who are in employment have access to the working family payment and public employment services, and may qualify for benefit schemes linked to PRSI contributions if working for a sufficient period of time.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I know the Minister of State has given me the surrounding information. I do not need the surrounding information. I have all of the reports. I asked the specific question on what engagement the Department has had. The Minister of State has told me, and I appreciate it, that there will be a payment. Is this the payment as set out in the White Paper? Is this what the Minister of State is speaking about with regard to a new payment? When will it come into being for people? I say this very much conscious of the report of the Ombudsman. He hopes, and he asks, that this will be discussed such is his serious concern. He issued a special report following an investigative report. The Ombudsman reiterates concerns that in the circumstances he cannot be satisfied that IPAS's commitment to seek the use of commercial hotels will be met in the short to medium term.

He went on to say that he cannot be satisfied that sufficient regard has been had to the vulnerability of children. We are talking about thousands of children within the international protection process but only 10% of vulnerability assessments have been carried out. It is in this context that I am asking the question about the specific recommendation that a child payment be introduced. Has the Minister of State had a costing in relation to this measure? I appreciate the work the Department of Social Protection does. This country could not survive without the services provided by the Department.

11:10 pm

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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Being honest, I only have limited information, and the key piece of information I have concerning the questions the Deputy is asking is that the budget has been allocated. Additionally, regarding vulnerability and the vulnerability of children, the Government has co-funded family support practitioners for those families living in IPAS accommodation to support the pathway for integrated community-based child and family support services. These practitioners provide support to improve quality of life for families by promoting the personal, social and educational development of children, young people and their parents. Practitioners work in partnership with Tusla and other community-based services and agencies, including IPAS and the counselling in primary care, CIPC, service as well. Practitioners enable parents, guardians, carers and families to sustain the safe care of their children in the home setting. The plan is that there will be one of these practitioners in every Tusla area. I think there will be 17 in total, and some of these are in place now. This will improve the situation on the ground in direct provision centres.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I apologise for going over time.