Trevor Ó Clochartaigh (Sinn Fein)
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Cuirim fáilte roimh an Aire Stáit. Tá mé thar bheith buíoch gur tháinig sé isteach chun an cheist seo a phlé. The matter relates to the direct provision system and the accommodation provided through the Department of Justice and Equality for people seeking refugee status. Throughout the State, hotels, hostels, caravan parks and so on are used to house people in this position and that is done in most cases through private contractors who are given a contract by the Department through the Reception and Integration Agency, RIA, to provide accommodation, food, etc. The question I have relates to the ministerial orders that are needed because if a building has been granted planning permission as a hotel, hostel or holiday camp and refugee accommodation is provided, that represents a change of use. My understanding is ministerial orders would have been necessary to permit these buildings to be used for a different purpose, particularly housing people seeking refugee status. If the ministerial orders providing exemptions for these buildings have been given, when was the last order made? Has the Minister checked with his counterpart in the Department of the Environment, Heritage and Local Government that the facility for using a ministerial order in this way to change planning permission is still in place or have planning regulations been amended to ensure companies can use these buildings for this purpose as opposed to the purpose laid down for them? I thank the Minister of State for taking this matter.

John Perry (Sligo-North Leitrim, Fine Gael)
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I am responding to this matter on behalf of my colleague, the Minister for Justice and Equality.

The RIA, a functional unit of the Irish Naturalisation and Immigration Service, INIS, of the Department of Justice and Equality, is responsible for the accommodation of persons while their applications for international protection are being processed. Currently, there are 4,735 residents in 35 accommodation centres contracted to RIA throughout the State. Of the 35 centres in the State, seven are State-owned, that is, while the centres are managed by private contractors under contract to RIA, the land and buildings are owned by the State. Details of all of these centres are available on the RIA website - ria.gov.ie

The situation regarding planning permissions each of these centres is not uniform and reflects the evolution of RIA's procurement policy over the years, which I will explain later. Three "system built" State owned centres, which are the responsibility of the OPW, are covered by ministerial orders under section 2(2) of the Local Government (Planning and Development) Act 1993 while two of the commercially owned and operated centres, Mosney, County Meath, and Balseskin, in St. Margaret's, County Dublin, are also covered by such ministerial orders.

The remaining 30 centres comprise four State-owned centres, which originally operated as hotels and hostels, and 26 commercially owned and operated centres. These operate on the basis of their own planning permissions, which are subject to compliance procedures from the relevant planning authority. The commercially owned centres are subject to a standard clause in the contracts with the RIA which states, "It shall be the responsibility of the Contractor to ensure that the premises complies and operates in accordance with all relevant statutory requirements of Local Authorities and other Agencies in relation to planning, building bye-laws".

The ministerial planning order, issued 14 June 2001, for Balseskin arose because the centre was commissioned, built and operated specifically as a reception centre for asylum seekers following a tender competition run by the OPW. The issuing of a ministerial planning order for this commissioned centre was necessary given the urgency of the situation then prevailing with the number of asylum seekers arriving in the State. Similarly, given the pressing need for bed spaces and the size of the centre being contracted - and it remains the biggest centre - it was decided to issue a ministerial planning order in respect of Mosney. This issued on 30 November 2000. For a more detailed account of the procurement and planning processes in operation at that time, I commend to the Senator chapter 4 of the 2002 annual report of the Comptroller and Auditor General which is in the Oireachtas Library.

In explaining the history of the RIA's procurement policy from the start of the direct provision system, it would be wrong to ignore the salient point that, in many cases, asylum accommodation centres are not welcomed initially by local communities. Controversy and significant local opposition arose almost immediately in respect of some of these properties - both State and commercially owned -with some local communities expressing fears about the arrival of asylum seekers in their neighbourhoods. In certain instances, local residents exercised their right to challenge the use of the properties through the courts on planning grounds. Such opposition was particularly costly in the context of the procurement of State-owned centres. The last State-owned property procured by RIA was Atlas House, a hostel in Killarney, in January 2002. Since then, RIA policy has been to procure commercial properties such as hotels, hostels and boarding colleges from private operators through public advertisements seeking expressions of interest. As already explained, this involves existing premises in the private sector where the contractor is required to operate in accordance with all relevant statutory requirements, including those relating to planning.

The Minister is of the view that the direct provision system is a necessary component of the State's immigration policy and that the ministerial planning orders are still required. Plainly, if RIA and the OPW were to consider new State-owned centres, or replacing buildings in existing State-owned centres, then legal advice would be sought on whether the use of the ministerial orders referred to would remain appropriate.

It is worth noting generally the decline in the number of persons seeking accommodation in the RIA system in recent years, which has necessitated the consolidation of the accommodation portfolio. At the end of 2008, RIA was accommodating 7,002 persons in 60 centres. At the end of 2012, the RIA was accommodating 4,841 persons in 35 centres. During that four year period RIA had closed 25 centres and was accommodating 2,161 fewer persons. In the same period, spending on the RIA system declined from ¤91.5 million to ¤62.3 million, which is a reduction of 32%.

Trevor Ó Clochartaigh (Sinn Fein)
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I thank the Minister of State for his comprehensive reply. I also thank the Minister for Justice and Equality and I ask the Minister of State to ask him to clarify for us whether a protocol is in place for the approximately 30 private centres mentioned, which are subject to local planning rules under the auspices of the planning authorities, whereby the RIA checks with local authorities, or vice versa, that the various buildings and premises comply with the law. Are checks and balances in place? If the Minister of State brings this to the Minister of Justice and Equality, a response may be sent to me by e-mail.

John Perry (Sligo-North Leitrim, Fine Gael)
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This is a very good point with regard to those centres not operated by the State being in compliance with the RIA. I will seek clarification from the Minister, Deputy Shatter. I assume they are inspected by the State inspector. I will express the Senator's concerns to the Minister and seek clarification on it.