Dáil debates
Tuesday, 20 February 2024
Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions
EU Directives
8:30 pm
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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50. To ask the Minister for Employment Affairs and Social Protection to clarify what the beneficiaries of the temporary protection directive will be entitled to upon the elapsing of the directive, and what preparations her Department is undertaking for this date. [8088/24]
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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Ar an gcéad dul síos, baineann an cheist seo le daoine faoin treoir Eorpach. We have had a number of discussions around this. I am concerned that there is a lack of clarity as to what the situation will be for beneficiaries of the temporary protection directive. When the directive wraps up, what will be the situation with payments for those who were in Ukraine before the passing of the legislation before the current Dáil?
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I thank the Deputy for raising this matter. In March 2022, the European Council adopted unanimously the implementing decision regarding the temporary protection directive, due to the mass influx of persons fleeing Ukraine as a consequence of the war. People arriving from Ukraine have been granted the status to avail of income supports from my Department under the directive. In October 2023, the EU Council agreed to extend the period of temporary protection to March 2025. Discussions on the options for when temporary protection is due to expire in 2025 are ongoing, both within the Government and at an EU level, in recognition of the need for certainty for beneficiaries of temporary protection in the EU.
It is very clear that the prevailing conditions in Ukraine will be an important factor in any decisions taken. In light of the ongoing discussions at EU level, it would be premature to speculate at this distance on what arrangements might be put in place post March 2025, and as a result what the social welfare entitlements will be for those who have been granted temporary protection. However, the Government supports the strong call from EU member states for a harmonised approach to temporary protection post March 2025. My Department has an excellent track record in reacting quickly and appropriately to emergency situations, as was clear from its response to the Covid and Ukrainian crises. I can assure the Deputy that my Department will not be found lacking in its response to any planned changes and will continue to liaise with other Departments on this matter.
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I would like to note a couple of things. First, the temporary protection directive does not require beneficiaries of the directive to receive the same entitlements as Irish citizens. That is obviously the case, given the actions the Minister of State and her Government have taken regarding Ukrainians who arrive at a later date. They will receive the rate that international protection applicants receive. I have already outlined my disagreement with the fact that people who move outside the accommodation will continue to get the higher rate. That creates a problem in rural areas as regards the rental situation. However, I am particularly concerned that the Government's attitude seems to be that it will wait and see. I do not think that is right for the system or for those who are on the current higher rate. It is very likely that they will have to apply for international protection or for visas. At that stage, they will be entitled to the international protection rate, which is the lower rate. If that is going to be the case, surely they should have sight of that, they should know that, and we should be working towards that.
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I appreciate the point the Deputy is making. As he knows, I have introduced legislation which will make significant changes to the payments provided to new arrivals from Ukraine. Under that legislation, new arrivals who are staying in designated State-provided accommodation will receive €38.80 per week, which is equivalent to what people in direct provision receive. That legislation will be debated on Committee and Remaining Stages in the Seanad tomorrow. As the Deputy knows, there was broad support for it in the Dáil, where it passed by 108 votes to 15. I appreciate the support that was received for what I was doing.
Regarding what happens after March 2025, when the directive is due to expire, discussions are happening at EU level. The Minister, Deputy McEntee, is leading in those discussions on behalf of the Government.
8 o’clock
There is a desire among member states that there will be a harmonised approach so we will have to see if that is achievable. My view is that we have to adhere to our international obligations but at the same time we do not want to be out of step with other countries.
8:40 pm
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I have no dispute in terms of our international obligations. We supported the legislation that made those changes to social welfare payments for people who arrived from Ukraine after a certain date. This is not about Europe, however. The provision of social welfare payments is a decision that has been adopted by the Irish Government. Given it is highly likely that at the expiration of the directive they will either have to apply for visas or seek international protection and then be on the lower rate people in direct provision get, I do not think it is fair on anyone. It is not right in terms of the system and transparency nor is it right for people on those payments to be living in the dark. Given the situation they are likely to be in, what makes sense is a tapering down between now and then to allow people to adjust. The Government's approach, much the same as it is to this issue generally, seems to be one of waiting and seeing and there is no forward planning. I do not think that is fair and I do not think it is right. It does not instil confidence. It is only a year away and this is very much a domestic competency.
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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To say to the Deputy again, the discussions at EU level have a way to go. As for my Department, whether during the pandemic, the response to the war in Ukraine or the various cost-of-living payments we have made, the Department of Social Protection can react and respond quickly and that is what it will do. We cannot predict the future here. We have to see how the discussions play out at EU level. If there was no temporary protection status then I would expect that the existing regime would apply. That means a person would have to seek provision to remain under the standard international protection arrangements or possibly through the work permit system. In respect of social welfare payments, the standard habitual residency clause would apply and there are guidelines around that. There is a bit to go yet and we want to stay in sync with our European colleagues. The Minister for Justice is engaging at a European level on this particular matter.