Seanad debates

Thursday, 15 February 2024

Civil Law (Miscellaneous Provisions) Act 2022 (Section 4(2)) (Scheme Termination Date) Order 2024: Motion

 

9:30 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank the Leas-Chathaoirleach and Members of the Seanad for making time to discuss this motion today concerning the order I propose to make to extend the termination date of the financial contribution scheme for hosts of beneficiaries of temporary protection from Ukraine, known as the accommodation recognition payment, ARP. This scheme commenced in July 2022 and, where relevant, payments were backdated to March of that year. I increased the monthly payment to hosts from €400 to €800 with effect from 1 December 2022. To date, more than €90 million has been paid out to in excess of 13,000 hosts for hosting more than 29,200 beneficiaries of temporary protection across that time. Right now, in excess of 21,000 Ukrainians are in accommodation on the basis of this provision. This scheme has diverted Ukrainian individuals and families away from State-supported accommodation, which is often in hotels and guesthouses and which is not, in the long term, the best place to be, particularly for raising children. It is also far more cost-effective to the Exchequer and, importantly, it also allows Ukrainians to have greater independence in moving out of more State-owned accommodation.

On the proposal itself, Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022 introduced the scheme with an original termination date of 31 March 2023. That date reflected the duration of temporary protection under the temporary protection directive which was activated by Council Decision (EU) 2022/382 of 4 March 2022. The directive was subsequently extended to March 2024 and the accommodation recognition payment was extended to mirror that extension. In a continued spirit of unity and support for Ukraine and its citizens, the European Commission has extended temporary protection until March 2025. As such, it is now appropriate to make an order to extend the accommodation recognition payment scheme termination date to the end of March 2025.

Section 4(2) of the original Act of the primary legislation enables me to make such change to a date considered appropriate, following consultation with the Minister for Social Protection and the Minister for Public Expenditure, National Development Plan Delivery and Reform. I can confirm to the Seanad that I have undertaken those consultations with the two relevant line Ministers. In changing the scheme termination date, I was mindful of the need to continue to make provision for a financial contribution to assist in maintaining, if not increasing, the availability of accommodation for temporary protection beneficiaries. I thank all who have welcomed into their homes those fleeing from Ukraine and provided them with shelter, safety and a level of autonomy over their own lives. The Act of 2022 requires a draft order to be laid before and approved by both Houses of the Oireachtas and I will be bringing the motion before the Dáil on 21 February.

I understand our colleagues in Sinn Féin have proposed an amendment to the motion I am putting forward which seeks to curtail the conditions attaching to the accommodation recognition payment which would result in reducing the availability of accommodation for beneficiaries of temporary protection. I am not in a position to be able to accept that amendment for two reasons. One, it contradicts the policy of what we are trying to achieve through the recognition payment. The accommodation recognition payment is a goodwill payment to recognise the valued contribution of those who have opened their homes to those fleeing the war in Ukraine. It is not intended to be a substitute for rent and is paid in recognition of the generosity of those who host. The legislation is very clear in that regard. It is not a rental payment, as I say, and does not create any obligations for the beneficiaries in the accommodation such as a payment of rent or as other such payments would provide. Two, on a more procedural point, my understanding and advice on the legislation is that the primary legislation does not allow us to change the conditions of operation via an order. The only thing the order can change is the date at which the scheme will terminate. That is quite clear from the legislation itself. What is proposed here in the Sinn Féin amendment is that we change via an order some of the wider conditions in the recognition payment. Our read of the legislation is that we simply cannot do that. The only thing which can be changed by the order is the termination date. In light of that, I am not in a position to accept the amendment of the motion from Sinn Féin.

On a final point, I know some Senators may wish to discuss wider issues in our response to the needs of those fleeing to Ireland. To provide an update to Seanad Éireann, right now Ireland is accommodating just over 75,000 people fleeing the war in Ukraine and, through the international protection process, a further 27,000 fleeing wars and civil disturbance in other countries. We are providing accommodation to just around 102,000 people right now. As the House may know, we are in the process of making changes to our offering to those who arrive from Ukraine. Those changes will probably apply from later on this month. We have seen significant decreases in the number of people from Ukraine seeking temporary protection. That figures has fallen quite significantly, especially from November of last year.

On the other hand, the figures for people seeking international protection have grown. We saw the biggest quarter ever at the end of 2023. January of this year will prove to have had the highest level of applications for international protection since we started recording numbers. On that point, 1,700 people sought international protection in Ireland in January. That has put huge strain on our Department's ability to provide accommodation. As the House knows, from December of last year we have not been able to offer accommodation to all male applicants and there are approximately 900 people right now for whom we have not been able to provide accommodation. We work with NGOs and with homeless NGOs where we identify people who are sleeping rough and look to bring them into the process. We believe that has worked effectively but, nevertheless, it is a very serious situation where we are not able to offer accommodation to all male applicants. We are in a position at the moment to offer accommodation to female applicants and to families seeking international protection but, with the current numbers, we are under real pressure and I must make that very apparent to Senators. There is real pressure on our ability to even provide accommodation for families right now, and it is in that context that we have to make decisions and take accommodation that is available to us, accommodation that results in challenges for communities, towns, villages and cities throughout our country. Nevertheless, our Department has a clear legal obligation under international law to provide accommodation. We are not meeting that obligation to everyone right now but I think most people would agree on the importance of us seeking to meet that obligation to female applicants and to families.

I look to the Seanad to support this motion and, as I said, I am not in a position to accept the Sinn Féin amendment. I look forward to Senators' contributions and an opportunity to respond at the end.

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