Seanad debates

Tuesday, 27 June 2017

Commencement Matters

Direct Provision System

2:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank An Seanadóir Ó Clochartaigh for raising this important matter today. I welcome an tuasal Ó Bruadair and the boys and girls from the oak leaf county, Derry. They are always welcome to Leinster House and particularly welcome to the Seanad on this summer's afternoon.

This is an very important judgment and its full implications are being carefully examined. The court recognises the complexities around this issue. It acknowledges the role of the Executive in controlling and regulating this sensitive area of law and policy. It has had to consider the distinctions of rights between citizens and non-citizens in the context of Article 40.1 of the Constitution. The court has concluded that an absolute ban on the right to work for international protection applicants, as distinct from a time limit being set in legislation or some other means, is contrary to the rights under Article 40.1 of the Constitution. The court recognises that this is a matter for the Executive and Legislature to consider and, accordingly, has adjourned consideration of the order the court should make for a period of six months. It is expected the State will make a submission to the court in regard to the format of the order the court is to make at the appropriate time.

This judgment raises obvious policy, legal and operational issues across a wide range of Government Departments and agencies. To reflect the whole-of-Government approach which the judgment necessitates, I intend to seek the approval of Government to establish, with immediate effect, an interdepartmental working group to examine the implications of the judgment and to consider appropriate solutions as quickly as possible. Proposals will be brought to Government as soon as that process concludes.

The judgment should not be looked at in isolation without recognising the considerable reforms that have already been made to the system of international protection and the improvements that have been made and are continuing to be made to the direct provision system. Our new international protection legislation, which commenced on 31 December last, is specifically designed to address the delays in decision making with consequent increased time spent in direct provision.

The processing times for first instance decisions are closely intertwined with the question of the right to work. In many EU member states, the right to work is not an unfettered right, often arising after a particular period of time - usually nine months to a year - and in many instances is limited to particular job categories, etc. For example, in Sweden and Portugal the granting of a right to work coincides with the withdrawal of financial supports. One of the principle aims of the International Protection Act is to process cases as quickly as possible so that persons who are granted a permission to stay have an automatic right to work.

The full implications of the judgment will be examined in the coming period, including wider implications in regard to the operation of the common travel area and the ongoing Brexit negotiations. However, what can be said is that the Government, through its various measures to improve processing rates, is already moving to the stage whereby first instance decisions on status will be made as quickly as possible with persons granted status having an automatic right to work. The dovetailing of this work with the court judgment will be examined in the coming period. I will endeavour to keep Senators informed of progress as the situation develops.

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