Ivana Bacik (Independent) | Oireachtas source

I am pleased to have an opportunity to welcome the Minister of State, Deputy Aodhán Ó Ríordáin, to the House in his new capacity. As other speakers acknowledged, he has an impressive track record in speaking up in a highly critical fashion about direct provision and for the rights of those in direct provision centres. I have great confidence in his ability to make changes to the system in his new capacity.
I welcome those in the Gallery who have come to hear this debate. The Seanad debated this issue previously. As Senator O'Donovan noted, the Seanad speaks in a united fashion on this issue and all Senators have been highly critical of the system of direct provision. Senators Ó Clochartaigh,van Turnhout, Mac Conghail and others have a long track record in speaking out about direct provision and condemning many aspects of the system. On 23 October 2013, a motion on direct provision tabled by Senator van Turnhout and a number of her colleagues was not opposed by the Government side because we wanted to work together in a spirit of constructive criticism to find out how improvements could be made to the system. It is in that spirit, one in which none of us seeks to defend the indefensible, that I will second the amendment. All of us agree with the sentiments expressed in the motions tabled by Senators Mullen and Bradford and I commend both Senators on raising the issue. The amendment essentially seeks to give space to the Minister for Justice and Equality, Deputy Frances Fitzgerald, and Minister of State, Deputy Ó Ríordáin, both of whom were appointed in the period since the debate took place in October 2013.
I remind colleagues that since the new ministerial team was appointed, the Government, on 11 July 2014, issued a statement of priorities which specifically addresses the direct provision system and acknowledges that it must be made more respectful to the applicant and less costly to the taxpayer. The Government agreed in its statement to reduce the length of time applicants spend in the system through the establishment of a single applications procedure and an independent working group.

The amendment to the motion acknowledges the problems with the system of direct provision. As we know, it has existed for 14 years and was introduced by a previous Government. We were rightly critical when in opposition of that Government because of the flaws in the system but it was introduced in order to meet what was seen as a very short-term crisis in housing. It was not envisaged at the beginning that people would remain in direct provision for more than approximately six months. A key concern is the length of time so many people spend in the system, particularly families and children. The amendment acknowledges this and that the Ministers have agreed on the need to review the current system. It is also noted that over half the residents in the system have been there for over four years, which is clearly unacceptable.

The motion, as amended, would welcome the solid commitments to establish the independent working group. I know the Minister of State, Deputy Ó Ríordáin, will speak more about that, and there is to be a preliminary roundtable meeting to get the group up and running this Thursday. That will involve non-governmental organisations and those who are involved on the front line. It is envisaged that there will be a very short timeframe to report on improvements to be made in the system, and I hope issues like the right to work will be dealt with, as I anticipate they will, within that working group. I welcome that measure.

I also welcome the commitment to introduce a protection Bill as a matter of priority. There are three issues for all of us concerned with this issue. The first takes in the conditions in direct provision centres about which others have spoken so eloquently. These conditions are unacceptable, particularly for families and children. There is a lack of cooking facilities and so little privacy and space, as has been highlighted by Mr. Carl O'Brien and others familiar with the system. The conditions must be addressed as a matter of urgency and any centres providing inadequate accommodation, particularly for children and families, should be closed. As I have said, we should also consider moving families with children out of direct provision centres altogether and into independent accommodation. Some facilities operate on a self-catering basis, as the report from the Reception and Integration Agency, RIA, notes. We should consider improving that system, allowing people to have their own cooking facilities and greater privacy and space. We are addressing this matter of conditions in centres and the amendment to the motion gives the Government space to do so. In the Seanad we should look to hold the Government to account on that and ensure the matter can be addressed within a short timeframe.

The second issue concerns the length of time involved, and other colleagues have spoken eloquently about this as well. It is unacceptable that people spend this length of time in the system. I know there has been discussion of children born into direct provision who are now eight or nine years old; they have lived all their lives in the system, which is unacceptable. The matter can be addressed through the mechanism described in the amendment of a single protection procedure to be introduced through a piece of legislation which will essentially be taken from the immigration, residence and protection Bill and fast-tracked through these Houses. I hope we will hear something about the timeline of that process. The legislative programme states that this will be introduced early in 2015 and I anticipate it should be passed by Easter 2015. Perhaps the Minister of State will speak to it.

The absence of a single protection procedure has been a major problem within the Irish system and Ireland remains out of step with the rest of the EU because there is a procedure of refugee status determination divorced from subsidiary protection. That slows the process and has made it extremely cumbersome and difficult for applicants within the system. That has contributed extensively to delays. The Irish Refugee Council produced an excellent document last year setting out the history of direct provision, pointing out that the single protection procedure is important and that steps to bring it forward are very welcome. Its absence has meant that people have spent far longer in direct provision than they should.

A third issue is more long term and it must be acknowledged in the debate. The overall process is deeply flawed, as has been acknowledged not just by this Government but also by the previous Government. We need to seek to progress and expedite the bigger immigration, residence and protection Bill so as to ensure our system of determination of claims is fair. There is much concern about the low numbers of people who receive positive declarations of refugee status through the Office of the Refugee Applications Commissioner, ORAC. I considered the RIA report, which states that over the ten years from 2002 to the end of December 2012, only 6% of those who made applications for declarations of refugee status received positive recommendations. There have been international critiques of Ireland's low rate of recognition of refugee status. It is important that we provide for a single protection procedure to speed up the process but we must also ensure the process is fair and people will get a fair hearing. There has been much concern in the past about the absence of a fair hearing and what seemed to be a rather dismissive rejection of applications.

Improvements have been made to the ORAC system but we must acknowledge the need for reformed legislation. I am conscious that litigation exists on this and a judgment is due in the High Court by December this year. The CA and TYcase challenges the legality of direct provision and will have an impact on the report of the working group in terms of conditions in direct provision and the mechanism itself.
All of us want to see this system changed. If we cannot abolish it we must ensure direct provision is in place for as short a period as possible. People, especially families with children, must be dealt with swiftly and there should be a single protection procedure. The conditions in centres must be adequate so that people are treated humanely and with the sort of privacy and dignity we all deserve and require.