Dáil debates

Wednesday, 31 January 2024

Saincheisteanna Tráthúla - Topical Issue Debate

International Protection

9:10 am

Photo of Marc MacSharryMarc MacSharry (Sligo-Leitrim, Fianna Fail)
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I highlighted this matter more than a year and a half ago in the first instance because of the problems it would inevitably cause. Unfortunately, many of those problems have now been realised. As the Minister of State will be aware, those poor people who are fleeing war and persecution from countries such as Syria, Somalia, Nigeria and elsewhere are being afforded accommodation, food and €38 per week, whereas those fleeing war in Ukraine under the temporary protection directive, although it is not prescribed in the detail of that directive, are in receipt of maximum social welfare rates of €232 per week. Sadly, and it gives me no pleasure to again say it, it was inevitable that this would amount to the de facto marketing of Ireland to people who wish to travel from Ukraine, whether they are directly affected by war or not. There is now quite a bit evidence to show that a significant proportion may be in receipt of income from their own businesses or other employment in Ukraine where they are in a position to work remotely from here. This is discriminatory. It is a two-tier system. It has added pressures to a situation over the past year and a half where we are struggling to provide accommodation for those very genuine cases seeking international protection from persecution elsewhere.

I have called many times for the amount to be equalised so that the same supports are provided for everybody. There was a suggestion by some Government representatives and others that in some way the temporary protection directive dictated and prescribed that we must pay these higher rates. This, of course, is false and is not the case. Sadly, situations such as this and what I describe, frankly, as our reactionary and non-strategic approach to the immigration crisis throughout the world, have added to building resentment, which is in nobody's interest in Ireland. Obviously, having migrated the world ourselves, we are very conscious of the need to go elsewhere at times to seek out new opportunities and to seek to provide for our families. Unfortunately, however, the situation here has gone well beyond that.

I will give a couple of basic examples. If somebody comes here fleeing war in Syria, that person barely has the shirt on his or her back, and we say, "Here is €38 per week". If somebody comes here from Ukraine, even if he or she is from Lviv, 1,200 km from where the war is, once things are settled here, that person flies home to collect his or her vehicle and then comes back. As I said, there is evidence to suggest that a significant proportion of these applications are opportunistic. We are prepared to pay, therefore, they are prepared to come. No activation measures are in place in respect of people who are on jobseeker's allowance. No signing-on arrangements are in place as there would be for people on jobseeker's allowance. This is building huge resentment. Not too many international protection applicants are flying back to Damascus, Mogadishu or elsewhere to bring in their cars or other possessions.

I know this is unpalatable. It gives me no pleasure to say it, but until we deal decisively with this matter, it will continue to contribute to the building resentment that none of us wants to see. As a first step, €38 should be paid across the board. That is what must happen when legislation is brought forward to stop any newcomers from receiving any more than €38. Some 100,000 Ukrainians are here, and we are delighted to have the 17,000 who are out there working and those who genuinely need our help but, unfortunately, there are a proportion of opportunists we must deal with.

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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I thank the Deputy for raising this issue. As Deputies will be aware, Ireland has welcomed more than 103,000 arrivals from Ukraine, with 76,000 people currently living in State accommodation and 58,000 of those in fully serviced accommodation. The Deputy will also be aware that the number of international protection applicants continues to grow.

He clearly pointed out the difference in the supports between those who arrived in Ireland under the temporary protection directive compared with applicants for international protection. The answer lies in the different legislative frameworks that apply to these cohorts. With regard to beneficiaries of temporary protection, the temporary protection directive was activated on 4 March 2022 to provide immediate protection in EU countries for people displaced by the Russian invasion of Ukraine. The directive is transposed into Irish law under section 60 of the International Protection Act 2015. The section provides that a displaced person, as defined in that section, is entitled to seek and enter employment, to engage in any business, trade or profession, and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen. lt also provides that such a person is to receive the same medical care and the same social welfare benefits as those to which Irish citizens are entitled, and the same rights of travel in the State as those to which Irish citizens are entitled. The application of the directive to the crisis in Ukraine has been extended to March 2025.

The conditions and qualifications for those seeking asylum comes under entirely separate EU directives from those beneficiaries of temporary protection fleeing the war in Ukraine. For those seeking asylum, directive 2011/95/EU sets out the standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, and directive 2013/32/EU sets out standards for the reception of applicants to ensure they have a dignified standard of living and comparable living conditions in all member states.

The recast reception conditions directive was transposed into Irish law by SI 230/2018 - European Communities (Reception Conditions) Regulations 2018. An asylum seeker is a person who has left his or her country and is seeking protection in another country. Asylum seekers are also called IP applicants. Seeking asylum is a human right, and government bodies examine asylum applications and grant a decision. These decisions are made in accordance with the 1951 UN convention relating to the status of refugees and its 1967 protocol.

When a person asks for asylum at the border of a country, that country's authorities must examine his or her application. Those seeking asylum in Ireland must make an application for international protection. While that claim is being examined by the international protection office, the International Protection Accommodation Service provides accommodation and related services to IP applicants who wish to accept the offer of accommodation from the State. This offering includes all meals and utilities. Full access to public medical services is provided and a weekly personal allowance is also paid to each person. After six months, IP applicants are eligible to work if they have not received a first instance decision on their application. IP applicants are entitled to free legal aid to help them with their application and appeals, if necessary. When the application has been processed, the applicant may either be granted refugee status, granted subsidiary protection status, granted permission to remain for humanitarian reasons, or refused international protection. While the legislative basis for the provision of supports to beneficiaries of temporary protection and IP applicants is different, IP applicants and beneficiaries of temporary protection have access to mainstream services, including public health and education. Specific supports and signposting for IP applicants are generally provided through the IPAS vulnerability assessment process.

9:20 am

Photo of Marc MacSharryMarc MacSharry (Sligo-Leitrim, Fianna Fail)
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I know the process and thank the Minister of State for outlining it. I acknowledge that he is here on behalf of other Ministers to give this reply. He said the difference "lies in the different legislative frameworks" but it is ourselves who are responsible for that. Whether it was a puritanical approach by the Cabinet committee responsible for the temporary protection directive, the reality is the discriminatory acts that we are taking in term of this two-tiered system have been highlighted for almost two years. There is no need for it. It is causing untold damage to public perception on this matter and it needs to be addressed so that when the legislation comes up in a couple of weeks to reduce the amount to €38 per week for all people coming to this State, we also must take action regarding those who are already here because a significant proportion of them are here opportunistically. They are holidaying in Mediterranean countries. They have flown back to collect their vehicles. Some of them are running businesses.

As an Oireachtas Member of 22 years standing, what I would like to hear from the Minister of State in his final words is that this matter will be actioned, that he will raise it with the relevant Ministers, namely, the Minister for public expenditure, the Minister for Social Protection, the Taoiseach and the Tánaiste to ensure that we do not continue in this reckless two-tiered fashion, which is absolutely discriminatory and also discriminatory against those already living and working here. Some of whom may have found themselves unemployed will be subject to means tests and all the rest of it to see whether they are entitled to get the various supports that they are getting. Unfortunately, the opportunists I speak of are not subject to such scrutiny at all. I ask that the takeaway from me this morning is that he will raise this with a view to the Government taking the appropriate action in the legislation so that we level the playing field for all.

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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I will make the Taoiseach, the Tánaiste and the relevant Ministers aware of the Deputy's input. He will also be aware that changes were made in December last year that will come into effect in March of this year in terms of beneficiaries of temporary protection.

Ireland is, and always has been, a welcoming place. The Irish people are fundamentally aware of, and support, the provision of shelter for those seeking refuge in the State. Ireland, together with its fellow EU member states has responded by activating the temporary protection directive to provide a streamlined means of protecting those fleeing the conflict in Ukraine, which would otherwise have overwhelmed ordinary IP systems across Europe.

In respect of all those seeking international protection, Ireland is a signatory to the 1951 N refugee convention and participates in relevant provisions of the common European asylum system, including the 2004 qualifications directive, the 2004 common procedures directive, Dublin III regulation, Eurodac regulation and recast reception conditions directive. EU member states have a shared responsibility toward those seeking protection and work together to ensure protection applications are examined robustly and fairly and follow uniform standards across the EU. The welfare of all international protection applicants and beneficiaries of temporary protection who seek protection in the State remains a priority for the Government.