David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank the Senator for raising the issue. I welcome the opportunity to update the Seanad on behalf of the Tánaiste and Minister for Justice and Equality on developments in the provision of services for asylum seekers in Ireland. Of the 23 recommendations made in the report of the Joint Committee on Public Service Oversight and Petitions, 13 have been implemented, where feasible, in respect of health and community welfare and a prescription charge waiver; six are in progress or under examination in the areas of catering, family space, an independent inspectorate and ombudsman; three relate to the recast reception conditions directive and have not been implemented; and one, recommendation 8.1 which calls for the replacement of the direct provision system, has not been implemented.

The Senator mentioned the McMahon report on the protection process, including the direct provision system, which was published in 2015 and is the key driver of change. The report of the Public Service Petitions and Oversight Committee raises some of the same issues covered in the McMahon report.

The Tánaiste and I are committed to reforming the direct provision system in line with the programme for Government, with a particular focus on families and children. Significant inroads have been made in dealing with the length of time spent in the direct provision system and the position will be further improved with the implementation of the International Protection Act 2015 and, in particular, the single procedure.

The Tánaiste is introducing a number of pilot projects before the end of 2016 which will see the installation of catering solutions in accommodation centres. They will facilitate families in cooking for themselves. It is intended that they will be rolled out in more centres in 2017. This work will proceed alongside changes to the accommodation profiles to provide more living space for families.

The Reception and Integration Agency, RIA, through centre managers, is engaging locally to develop "friends of the centre" groups. An equality and diversity training programme will also be rolled out for centre staff.

The Department of Education and Skills has introduced a pilot scheme to allow asylum seekers avail of third level education.

The rate of payment for children in direct provision centres has increased to €15.60 since January 2016. The Department of Social Protection continues to make other support payments, including back to school payments.

Legislative change to extend the remit of the two Ombudsman offices to direct provision accommodation services is being put in place. The RIA and other Departments providing direct provision services have always been subject to the Freedom of Information Acts.

Health services for asylum seekers are mainstreamed and provided on the same basis as for Irish citizens. Asylum seekers in direct provision accommodation qualify for a medical card and do not have to pay the prescription charge. They can access the same GPs, mental health and other health supports as any other medical card user in their locality.

Ireland did not opt in to the 2003 reception conditions directive or its 2013 recast. The main reason for this relates to a right to work for asylum seekers who are awaiting a first instance decision on their application after nine months, which is contrary to national law. The Refugee Act 1996 provides that applicants for international protection shall not seek or enter employment or carry on any business, trade or profession during the period before the final determination of their application. This prohibition is restated in the International Protection Act 2015. The key concern in this regard is that both the asylum process and the wider immigration system would be undermined in giving immigrants who secure entry to the State on foot of claims to asylum the same access to employment as immigrants who follow the lawful route to employment. There is an effective visa and immigration system in place for those who wish to lawfully migrate to the State for employment purposes.