Dáil debates
Thursday, 22 February 2024
Saincheisteanna Tráthúla - Topical Issue Debate
International Protection
2:15 pm
Michael McNamara (Clare, Independent)
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This is a matter on which I have been trying to get information for some time now and it has been proving difficult. I asked a parliamentary question with respect to how many persons whose applications for international protection had been determined, and where there no judicial reviews of the decisions, were still in IPAS accommodation. These would be cases where determinations were accepted and were not under legal challenge.
I believe I asked the question in November 2023. At the time, I was told that some 6,000 people granted either international protection or humanitarian leave to remain were still in accommodation and that IPAS was making efforts to slowly transition them out of its accommodation and into alternative accommodation, starting with the people who had received the relevant status three years previously. This does not, however, fully answer the question because there are two other groups of people who are no longer applicants for international protection. I refer to those whose applications for international protection have been determined. These are people who have been refused international protection and humanitarian leave to remain. I have not received a definitive answer in this regard. I was told there were people in respect of whom deportation orders had been issued - a small number - still in IPAS accommodation. However, there is still a much larger group of people in this category, namely, those whose applications for international protection have been determined.
As the Minister will know, the International Protection Act 2015, effectively, has a three-stage process. The first step is to apply to the IPO for international protection and, simultaneously, humanitarian leave to remain. That application is either granted or refused. If people are refused, they can appeal the refusal of international protection, but only international protection, to the IPAT. It is not possible to appeal a refusal of humanitarian leave to remain. The IPAT then makes a determination. Following receipt of that determination, if it is negative, it is then possible to apply for humanitarian leave to remain. This is a process that is taking a very long time. Many people's cases are backed up. The Minister for Justice refuses to tell me how many people are awaiting a determination.
By the way, there is only one week in which to make that application. It is a very short timeframe in which to make the application and this implies there is a degree of urgency in this regard. Unfortunately, however, this matter is not treated like that by the Department of Justice. The Minister refuses to give information but, anecdotally, I am told there are people waiting months and years for this determination to be made. Why is this important? It is because the planning exemption that applies in respect of IPAS accommodation is in respect of people seeking international protection. International protection is defined by the International Protection Act 2015 and it specifically refers to "refugee status" or "subsidiary protection". This is in the case of international protection as opposed to humanitarian leave to remain.
Once people receive IPAT determinations, therefore, be they negative or positive, they are no longer applicants for international protection within the meaning of the planning exemption and, importantly, within the meaning of European law. Ireland, of course, has a duty to provide accommodation to applicants for international protection. Once that is determined, the duty ceases. There may be duties elsewhere, as in the general housing list for persons who are homeless, but there is no planning exemption to move a busload of people who are homeless into an area and avail of a planning exemption. It simply does not exist.
3 o’clock
My fear is that inadvertently or otherwise, the system as it now exists is abusing planning exemptions. I look forward to the Minister's response.
2:20 pm
Roderic O'Gorman (Dublin West, Green Party)
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I thank the Deputy for raising this issue and for offering me the opportunity to respond directly to him.
IPAS is currently accommodating about 27,000 people in more than 200 accommodation centres throughout Ireland. Of these 27,000 people, 5,914 have been granted status. Under the European Communities (Reception Conditions) Regulations 2018, those who have had their applications determined are no longer entitled to material reception conditions. The International Protection Accommodation Service, IPAS, continues to provide accommodation to those with status, while supporting them to progress into the community.
All those with permission to remain are written to once status has been granted and are advised they must now seek alternative accommodation. They are also advised that the supports of the Peter McVerry Trust and Depaul Ireland are available to them. Those with status for the greatest length of time are currently being offered a transfer to alternative emergency accommodation. In the past 12 months, more than 2,000 people with status have left IPAS accommodation and progressed into the community. This process began in September 2022, beginning with single applicants with status for over three years.
Currently single adults and couples with status over 12 months are being notified of the offer of emergency accommodation, if they have been unable to source accommodation within six weeks of the dated letter. To date, 1,256 households have been written to and advised of this transfer to alternative emergency accommodation. Of these households, 745 have left IPAS accommodation, 96 availed of the offer of emergency accommodation and 415 households are still in the process. Those over the age of 65 or with significant medical or welfare needs are not transferred to the emergency accommodation.
IPAS has a specific transition team which works in collaboration with Depaul Ireland, the Peter McVerry Trust, the Department of housing and local authorities to support residents with status to exit IPAS accommodation and access other housing options.
In the interest of clarity, I would like to outline that an applicant is entitled to accommodation until their application, including the permission-to-remain review phase, is fully completed. There has been some confusion that once the refugee and subsidiary protection decisions have been completed at appeal stage that an applicant has completed their international protection application and is no longer entitled to accommodation. This is not the case. The permission-to-remain review phase and subsequent decisions by the ministerial decisions unit must be finalised. Until all of those steps have been completed, an applicant is entitled to accommodation.
There are also currently 134 people residing in IPAS accommodation who have had their applications determined unsuccessfully and have been served with a deportation order under the International Protection Act 2015. IPAS is informed when an application for international protection has been determined by the Department of Justice. When a deportation order is issued, its enforcement is a matter for GNIB. My Department works closely with the Department of Justice and GNIB to support the implementation of those orders.
Those with permission to remain have the same housing entitlements as Irish citizens. The NGO partners put in place by my Department support them to register with a local authority and, if required, to avail of the housing assistance payment to secure alternative accommodation. They also have the same social welfare entitlements as Irish citizens.
The policy of writing to those with permission to remain once status has been granted and advising them that they must now seek alternative accommodation is in place to help ensure accommodation in non-emergency settings is available to newly arrived persons seeking international protection. As the Deputy will know, we are unable to accommodate a significant number of those right now.
I think I have been able to provide the Deputy with numbers for two of the points he asked for. I do not know about the third category he mentioned. I will certainly endeavour to see what I can do on that point.
Michael McNamara (Clare, Independent)
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The Minister is right that under the domestic regulations, the statutory instrument, there is a right to accommodation until the humanitarian leave-to-remain application has been determined. I have outlined the delays and the difficulties pertaining to that which cannot be laid at his door - the Department of Justice has responsibility. The bottom line is that this is only a statutory instrument which could be changed at the stroke of a pen literally. The Minister has done that and has amended the regulations because there is no right under European law.
We are constantly being told this is a matter of European law and that we have to accommodate applicants for international protection. While that is true, applicant for international protection is defined in European law and it is defined in the International Protection Act 2015 as an applicant for refugee status or subsidiary protection. Once that application is determined as a matter of European law, the person no longer has an entitlement to accommodation. Importantly, a centre accommodating such people, because of how the planning regulations are termed, no longer enjoys exemption.
I am aware that there is a ping-pong row going on. The Irish Timespublished extracts from correspondence between the Secretary General at the Department of Children, Equality, Disability, Integration and Youth and the Secretary General at the Department of Housing, Local Government and Heritage as to who is to accommodate these unfortunate people. The bottom line is that the building is not exempted unless it is accommodating applicants for international protection - not people who enjoy international protection and not people who are waiting for their humanitarian leave to remain. There is no exemption for those categories and yet those people are the subject of an unfortunate interdepartmental row. Also very unfortunate is that a blanket exemption, which avoids the normal planning process and avoids consultation with communities, is being used unlawfully. It is more than unfortunate; it is unacceptable.
That is why it is important for the Minister to clarify that other category I have asked him to clarify. He has said he does not know if he can break it down but he needs to break it down to ensure the exemptions are not being used unlawfully. We have to distinguish between people who are applicants for international protection who enjoy rights under European law and persons whose application has been determined who no longer enjoy those rights. If they are lawfully resident in the State, they may have a right to housing but it is not in an IPAS centre. It is in an IPAS centre but it is not pursuant to European law. If they are staying in a particular place, it is not exempted development.
Roderic O'Gorman (Dublin West, Green Party)
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The Deputy has outlined his reading of the law and I respect that. I do not have the EU legislation, the primary or the secondary legislation, before me right now.
Michael McNamara (Clare, Independent)
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I am happy to supply them.
Roderic O'Gorman (Dublin West, Green Party)
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I have no doubt he could. I do not need him to; I will be able to get them myself. I thank him for the offer. We will examine the point he has made.
On the wider point, the Deputy is absolutely right; there is real pressure with providing accommodation for people arriving here, including many highly vulnerable people seeking international protection here. We also want to support those whose cases have been decided to move on through the process. We have put in place important steps to streamline that process to provide additional supports because it is right that when persons have received status, they are in the same position as someone who is already resident here. They have the same rights and they face the same challenges with securing housing or other accommodation.
The Department is making every effort to ensure where we have accommodation secured in centres throughout the country that we get the best benefit from those centres. We spoke yesterday about ensuring that we got the maximum occupancy in our centres. I spoke again to my officials about that today. They assured me we are going to the extent of moving people individually within hotels, for example, moving a family of four out of a five-bed room and into a four-bed room, things as basic as that, to ensure we get the maximum occupancy because we are under so much pressure right now.
I will endeavour to get that more granular breakdown if that is something we can ascertain.
Michael McNamara (Clare, Independent)
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I hope it will be stronger than strive to endeavour and that it will actually happen.