Seanad debates

Wednesday, 4 October 2017

Direct Provision: Statements

 

10:30 am

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

-----some of the points that have been raised today.

Initially, I had the opportunity of setting out at some length the improvements that had been made to date. I will not repeat myself but I am committed to delivering an international protection system in Ireland that provides for decisions on applications in the shortest possible timeframes. This issue has been raised. It presents a particular challenge. Regarding our judicial system, Senator Ó Ríordáin mentioned a period of six months. I would suggest an initial target of nine months and then see what we can do to reduce it, but I would like to see this issue addressed.

I will acknowledge a number of specific points that have been raised. It is important to recognise that 136 of the McMahon recommendations have been implemented in full, with a further 33 in progress. Of those 33, many are at an advanced stage. I would be happy to keep Seanadóirí fully apprised of improvements.

Senator Clifford-Lee stated that one third of judicial reviews had been successful. That was under the old legislation and I do not know of any judicial review under the current legislation that has been successful. It should also be recognised that there are fewer reviews under it. We should consider the current legislation rather than the ills and inadequacies of previous regimes. I am unsure what purpose doing otherwise would serve in terms of working together.

I wish to discuss the important issue of the right to seek employment. In this regard, I acknowledge the constructive contribution of Senator Lawless. My Department is chairing the interdepartmental task force set up by the Government to examine how best to give effect to the Supreme Court judgment. We are working hard examining the judgment's implications for State services across the Government. I expect the task force to present its proposed solutions to the Government within weeks. I do not want to pre-empt the task force's deliberations by entering into speculation on what might be proposed as the best option for the State to comply with the judgment but the recommendations will be carefully considered by the Government before the State makes its submission to the court at the appropriate time. The granting of access to the labour market could also have repercussions for the system of direct provision as we know it. For example, if an applicant has economic security, the need to be dependent on the State will be somewhat alleviated. The task force is examining all of these issues and I look forward to receiving its report. The Minister of State or I will be happy to revert to the Seanad at the earliest opportunity.

I am working towards getting decisions made within a period of nine months, which is the European standard. Applicants are entitled to appeal and to have the subject matter of their appeals judicially reviewed. We have reformed and resourced the new International Protection Appeals Tribunal. In the Supreme Court case, the applicant had been delayed by the judicial review for almost half of his eight years in the system. The new Act ensures that such a scenario will not present a difficulty.

I regret that Senator Clifford-Lee had to bring the matter of the books to the floor of the Seanad. I agree with what she said, but I must point out that Mosney, which is the centre in question, recently received a consignment of preschool books from Meath County Library. We are not aware of books being turned away. In other centres, donations are only turned away if too many are offered. I do not suppose that was the case in the matter as presented, but I would be happy to have it investigated because it should not have happened.

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