Jillian van Turnhout (Independent) | Oireachtas source

I thank the Minister of State and welcome him to the House along with the visitors who are here today. I appreciate the constraints inherent to the Minister of State's office but I am confident he recognises and is committed to tackling the weaknesses and failures of the direct provision system in Ireland. The first conversation I had with the Minister of State after his appointment was on this issue.
I know the Minister of State is aware that Members of this House, particularly the founding members of the Seanad cross-party group on direct provision, Senators Trevor Ó Clochartaigh, Martin Conway and I, have been at pains to raise the issue of direct provision over the past number of years. I take children's rights as my entry point to the issue and I remain extremely concerned that the administrative system of direct provision is detrimental to the development and welfare of children. Among my own interventions, including an unopposed motion on direct provision in October 2013 and five adjournment debates, I have raised a plethora of concerns including the dubious legality of direct provision, the denial of the right to work and the fettering and erosion of normal family dynamics. Young asylum seekers have no prospect of post-secondary education and this is like hitting the pause button for an indeterminate but lengthy period. Direct provision has a negative impact on the health, particularly the mental health, of adults and children - those of us who have visited centres do not need to read the research to know this because we can see it first-hand.
I thank Senators Mullen and Bradford for tabling this motion today as every opportunity to discuss direct provision is welcome. I also thank the media as investigative reporting has shone a light on direct provision, particularly in recent months, and this has enabled a better understanding as the term "direct provision" does not convey the horrors involved. Many people have approached me over the summer to discuss the issue, though I have been raising it for some time.
I have asked on many occasions in this House whether we should fix the system now or wait 20 years for a damning report that will shame us. I have written about direct provision in a number of outlets, including the humanrights.ieblog, which has excellent contributors to the matter. I have also contributed through the media and social networks but I am sometimes disappointed by the reaction of some members of the public. Some people suggest the direct provision system is very generous when viewed in light of growing poverty and homelessness in the Irish population. People suggest we should get our own house in order before worrying about others and I would like to address this notion.
I agree that poverty, homelessness and the increasing number of families at risk of homelessness through mortgage arrears and spiralling rents in the private rental sector are real and significant concerns and I will advocate in support of relief in these areas in the forthcoming budget. However, we cannot impose a hierarchy of priorities when it comes to the health and welfare of human beings. We are all equal and entitled to live with dignity no matter where we are born. Concern relating to direct provision does not have to come at the expense of concern relating to other issues. The world is full of injustice and we must strive to tackle it. I am confident that the majority of Irish people agree and this is why Ireland ranked highest in the recent Good Country Index. Per head of population and per euro of GDP, Ireland contributes more to the common good of humanity than any other country in the world but we must live up to this accolade on our home soil. We cannot only speak of what we do in other countries. The ultimate failing of direct provision is the length of time asylum seekers remain in the system, waiting for their claims to be processed.

That was echoed recently in the concluding observations of a committee that I, unlike Senator Mullen, respect, the UN Human Rights Committee. The long-term solution has got to be a streamlined status determination system that will deliver a speedy, and robust, yet fair and transparent process. I hope this will be delivered through the Immigration, Residence and Protection Bill 2013 and through the single protection procedure. My colleague, Senator Zappone, will address exploitation and trafficking.

I welcome the Government’s recent announcement that a working group is to be established. I insist that the right to work be discussed. Senator Mac Conghail will elaborate on this issue. I hope the working group is made up of people with wide-ranging expertise in areas such as health, education, justice and social work. I have written to the Minister of State and to the Minister for Justice and Equality with a recommendation on this. I hope the Government makes recommendations by the end of December. We also need to give resources to the system, such as the single protection procedure and whatever system is put in place.

In the interim I remain steadfast in my call on the Government to immediately establish an independent complaints mechanism, for example, through the Office of the Ombudsman, and to commence the independent inspections of direct provision centres where children reside. The Health Information and Quality Authority, HIQA, inspects all other centres but when I ask for this I am told to hold on, HIQA inspects centres where children are in the care of the State, not being cared for by the State. This is semantics. These children do not have a normal family life. Whatever way one wants to talk about it, one only has to go and see it. It is not a standard family life. A person is seconded from the Child and Family Agency to the Reception and Integration Agency, RIA, to consider child protection complaints. I have no question about the bona fides of that person but no one would go to RIA with a concern about child protection because it is perceived as the agency dealing with one’s application. We need an independent complaints mechanism and drop-in inspections. These are profit-making centres. They are not doing this out of good will. This is not Crosscare, an organisation for which I have great respect. These people are making a profit out of the misery of people in Ireland.

I am opposed to direct provision but I take the Minister of State at his word. I want to see a timely report. I will be back very soon if not. I have a track record of returning to the issue. We need to respect people’s right to private life and family life. We need to find a way to do that. It has been done in the United Kingdom in an appropriate manner. I do not want us to deal with it piecemeal. I can understand the need for direct provision for three to six months in a more humane system because we have to process the applications but it cannot be tolerated for any longer. We will support the Minister of State but we have a record of coming back on issues.