Seanad debates

Wednesday, 17 September 2014

Direct Provision System: Motion

 

6:30 pm

Photo of Fiach MacConghailFiach MacConghail (Independent) | Oireachtas source

Ba mhaith liom fáilte chaoin a chur roimh an Aire Stáit, an Teachta Ó Ríordáin ar a chéad turas go dtí an Seanad. Molaim é agus molaim Páirtí an Lucht Oibre toisc an portfolio atá curtha le chéile acu. Tá meascán maith suimiúil idir pobail nua, cultúr agus comhionannas sa phost nua atá aige.

I welcome all our guests in the Visitors Gallery. This is not the first time the Seanad has discussed this horrendous human rights issue around direct provision in Ireland. I welcome the motion from the Senators as a timely one. The Seanad can be proud of itself as continually keeping the issue of direct provision on the political agenda. Twelve months ago our group of Independent Senators, including Senators Jillian van Turnhout and Katherine Zappone, proposed a motion in this House which was accepted by the Government.

What we need to see now is action. The Minister of State has been a breath of fresh air since his appointment and his statements and opinions on direct provision for asylum seekers are welcome. We have faith in him, although he will have a short time in office and the clock is ticking. We do not have to convince the Minister of State as we had to convince the former Minister for Justice and Equality, Deputy Shatter, and some of the civil servants in the Department who resisted change. I look forward to supporting the Minister of State in this debate and there are questions about timing. We do not want prevarication as this is not a political issue, as Senator Ó Murchú so eloquently mentioned. We have interested visitors in the Gallery and I know the Minister of State has integrity with this issue.

I accept that not all asylum seekers have a just or reasonable case to seek asylum in this country. The process in addressing or assessing these applications must be quick, as the delays in the process of asylum claims and prolonged accommodation of asylum seekers in direct provision centres leads to the dehumanising of persons. As recently as 23 July 2014, the United Nations Human Rights Council in its observations of the Civil Society Report to the Fourth Periodic Examination of Ireland under the International Covenant on Civil and Political Rights expressed concern at the lack of a single application procedure for the consideration of all grounds of international protection, leading to delays in the processing of asylum claims and prolonged accommodation of asylum seekers in direct provision centres, which is not conducive to family life. The committee also regretted the lack of an accessible and independent complaints mechanism for direct provision centres, as mentioned by my colleague, Senator Zappone.

The committee recommends that the State would take "appropriate legislative and policy measures" to establish a single application procedure with a right of appeal to an independent appeals body without further delay, including the adoption of an immigration, residence and protection Bill. It should also ensure that the duration of stay in direct provision centres is as short as possible and an accessible and independent complaints commission should be introduced for direct provision centres. We are looking for time-related action.

I welcome the Government's amendment and I disagree with some of the criticism in the motion. I will give this Minister of State a chance until the end of January. This Minister of State has been extraordinarily vocal over the summer, which is welcome, and he has been unequivocal in his work. I welcome the Government's amendment, which indicates its priorities. These are to reduce the length of time an applicant spends in a system through the establishment of a single application procedure, to be introduced by way of a protection Bill as a matter of priority. The clock is ticking. The Government today published the legislative programme for the autumn session, however, and I am concerned that such a Bill does not appear to be a priority. Will the Minister of State clarify how the publication of the legislative programme ties in with his timescale? I want to consider that before deciding how to vote.

As I have mentioned in previous debates, particularly the Seanad discussion last October, I have visited two direct provision centres; the Orwellian language labels them as "reception and integration centres". It is an unnatural and lifeless experience which sees young people and children being raised in sterile, unimaginative and inert environments where there is no joy. Imagine growing up in Ireland with no joy. We know about this and people are experiencing that today. It is an environment where no family life that might be described as normal can be achieved. This is a dehumanising process in which children have no proper role models in how to behave normally in a functional society. They are reared with no evidence of participation in family rituals such as cooking a meal. We know there are more than 1,600 children residing in direct provision.

My time is running out. I believe this system should be abolished, as it is a fresh wound that will fester in our Republic. It is not a scab from previous injustices but it is currently festering on the body politic of our Republic. I congratulate those in the media, including Mr. Carl O'Brien, Ms Sinead O'Shea and Mr. Brian O'Connell, for pushing this issue. The motion, as proposed, calls on the Government to grant asylum seekers the right to seek and secure paid employment, subject to reasonable conditions. I would like to see the Minister of State's response to the right to work. We know every member state of the European Economic Area, except the Republic of Ireland and Lithuania, grants asylum seekers the right to work at some point in the application process. The UK grants the right to work after 12 months if an applicant is still awaiting a decision, although the job must be on a list. Will the Minister of State confirm if the right to work is part of the terms of reference for the working group? Will he revert on the timescale? Asylum seekers are denied the right to work, leading to further stigma and a reduction of integrity and dignity that asylum seekers should have as they try to integrate into the Republic.

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