Seanad debates

Monday, 15 July 2013

Adjournment Matters

Direct Provision System

9:05 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Gabhaim míle buíochas leis an Aire Stáit as bheith anseo linn. Coincidentally the Minister of State was present when I raised a similar issue previously on the payments relating to direct provision.

I have forwarded, as part of my question, a receipt that a person who is in direct provision gets from the Department of Social Protection. The question is around the figures. The receipt shows a total payment of €186 per week for the individual. However, there are deductions of €166.90 and the amount payable to the person in direct provision is €19.10. That is the figure that is commonly used when we hear of payments being made to people in direct provision. The question is what happens to the €166.90. To whom is it paid? I am curious as to the legal basis for the payment.

My understanding is that direct provision, as a system, does not have a legislative basis as no legislation has been enacted in that area. I have mentioned on a number of occasions that it is an appalling system and needs to be reformed. Notwithstanding that, I do not believe there is a legal basis for it as a system. Therefore, what is the legal basis for the payment? To whom is the payment made? Is it to private individuals, third parties, or another Department and how is it divided up?

We have had some serious discussions on the whole area of direct provision. I attended a launch last week by Ms Emily O'Reilly of another scathing review of the direct provision system. I note the Ombudsman for Children, Ms Emily Logan, has spoken out and aired her concerns about the whole system as has the Minister for Children, when we had a debate on the children's referendum. The Minister for Children said she had serious concerns about some of the conditions and what was going on, as did the Minister of State, Deputy Kathleen Lynch, who is in the same Department as the Minister of State, Deputy Alex White. I am sure the Minister of Sate has his own opinions as has Mrs. Justice Catherine McGuinness.

It has been stated by me and Senator Jillian van Turnhout that direct provision is another State-supported scandal. It will require some Taoiseach in the future making an apology similar to the way the Taoiseach has had to apologise for scandals in institutions. We need much more transparency around the system. There is no HIQA oversight. The Ombudsman has no oversight. There is a sense that it is very much a closed shop, a very secretive system. That payments of €186 are made to an individual from which €166.90 is deducted means that the person is paid €19.10 into the hand. This is another area where we are seeking transparency.

I ask the Minister of State to clarify where the money goes, the third parties to whom the deductions are paid and the legal basis for those payments.

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