Alex White (Dublin South, Labour) | Oireachtas source

I thank the Senator for raising the matter. I am responding to the matter on behalf of my colleague, the Minister for Justice and Equality, Deputy Alan Shatter, who regrettably cannot be here to address the matter.

I assume this motion refers to the weekly payment of the direct provision allowance of €19.10 per adult per week and €9.60 per child per week payable in respect of any personal requisites required to the 4,571 asylum seekers in 34 accommodation centres throughout the State under contract to the Reception and Integration Agency of the Department of Justice and Equality. These payments are made on an administrative basis for the Department of Justice and Equality by the Department of Social Protection.

The phrasing of this motion for debate pre-supposes that this direct payment allowance is a residual sum after a larger sum has been disbursed to some other entity. This is not the case and is a misapprehension of how this State meets its international obligations to asylum seekers. There is, perhaps, some confusion in that in order to make these payments, the Department of Social Protection uses the same system that makes supplementary welfare allowance, SWA, payments - normally €186. To make the €19.10 payment the system is configured to make a manual insertion of means amounting to €166.90. This is a technical adjustment done to facilitate payment - there is no question of a resident in direct provision having an entitlement to the €166.90.

Since April 2000 the needs of asylum seekers are catered for under the direct provision system operated by the RIA. The system is essentially a cashless one, under which asylum seekers are provided with food and other services on a full board basis. Residents do not have to pay for rent, electricity, heating, food, maintenance or other costs. Health and education services from mainstream hospitals-clinics and schools are provided in the same way as for all Irish citizens. To take account of the services provided, the direct provision allowance of €19.10 per adult per week and €9.60 is paid.

It continues to be open to any asylum seeker to seek assistance for a particular once-off need by way of an exceptional needs payment under the supplementary welfare allowance scheme as contained in section 201 of the Social Welfare (Consolidation) Act 2005. There is no automatic entitlement to an exceptional needs payment as each application is determined based on the particular circumstances of the case.

This administrative system of direct provision needs to be seen in the context of legislative provisions which would otherwise specifically prohibit asylum seekers from being able to be provided with the basic necessities of life. For example, asylum seekers cannot work under section 9(4)(b) of the Refugee Act 1996, cannot access rent allowance under section 13 of the Social Welfare (Miscellaneous Provisions) Act 2003 and are not entitled to a range of benefits, including child benefit, as they are deemed to be not habitually resident under section 246(7) of the Social Welfare (Consolidation) Act 2005.

There is, therefore, no direct link as between the entitlements of asylum seekers and non-asylum seekers, as inferred in this motion. As to the administrative nature of the direct provision scheme, including the direct provision allowance payments of €19.10 and €9.60, the Minister for Justice and Equality is aware of the argument, cited most recently by the Senator's colleague, Senator Jillian van Turnhout, that there ought to be a specific legislative underpinning of the provision of State services to persons who otherwise would not be entitled to such services. However, interaction of legislation and administration depends on the particular context involved and the Minister is satisfied there is no necessity to change either the direct provision policy itself, including the associated welfare provisions, or their administrative and legal basis.

The Minister acknowledges that the direct provision system is not ideal but it is a system which facilitates the State providing a roof over the head of those seeking asylum or seeking other grounds to be allowed, on humanitarian grounds, to stay in the State. It allows the State to do it in a manner that facilitates resources being used economically in circumstances where the State is in financial difficulty.