Trevor Ó Clochartaigh (Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Gabhaim míle buíochas leis an Aire Stáit as bheith anseo linn. Coincidentally the Minister of State was present when I raised a similar issue previously on the payments relating to direct provision.

I have forwarded, as part of my question, a receipt that a person who is in direct provision gets from the Department of Social Protection. The question is around the figures. The receipt shows a total payment of €186 per week for the individual. However, there are deductions of €166.90 and the amount payable to the person in direct provision is €19.10. That is the figure that is commonly used when we hear of payments being made to people in direct provision. The question is what happens to the €166.90. To whom is it paid? I am curious as to the legal basis for the payment.

My understanding is that direct provision, as a system, does not have a legislative basis as no legislation has been enacted in that area. I have mentioned on a number of occasions that it is an appalling system and needs to be reformed. Notwithstanding that, I do not believe there is a legal basis for it as a system. Therefore, what is the legal basis for the payment? To whom is the payment made? Is it to private individuals, third parties, or another Department and how is it divided up?

We have had some serious discussions on the whole area of direct provision. I attended a launch last week by Ms Emily O'Reilly of another scathing review of the direct provision system. I note the Ombudsman for Children, Ms Emily Logan, has spoken out and aired her concerns about the whole system as has the Minister for Children, when we had a debate on the children's referendum. The Minister for Children said she had serious concerns about some of the conditions and what was going on, as did the Minister of State, Deputy Kathleen Lynch, who is in the same Department as the Minister of State, Deputy Alex White. I am sure the Minister of Sate has his own opinions as has Mrs. Justice Catherine McGuinness.

It has been stated by me and Senator Jillian van Turnhout that direct provision is another State-supported scandal. It will require some Taoiseach in the future making an apology similar to the way the Taoiseach has had to apologise for scandals in institutions. We need much more transparency around the system. There is no HIQA oversight. The Ombudsman has no oversight. There is a sense that it is very much a closed shop, a very secretive system. That payments of €186 are made to an individual from which €166.90 is deducted means that the person is paid €19.10 into the hand. This is another area where we are seeking transparency.

I ask the Minister of State to clarify where the money goes, the third parties to whom the deductions are paid and the legal basis for those payments.

Alex White (Dublin South, Labour)
Link to this: Individually | In context | Oireachtas source

I thank the Senator for raising the matter. I am responding to the matter on behalf of my colleague, the Minister for Justice and Equality, Deputy Alan Shatter, who regrettably cannot be here to address the matter.

I assume this motion refers to the weekly payment of the direct provision allowance of €19.10 per adult per week and €9.60 per child per week payable in respect of any personal requisites required to the 4,571 asylum seekers in 34 accommodation centres throughout the State under contract to the Reception and Integration Agency of the Department of Justice and Equality. These payments are made on an administrative basis for the Department of Justice and Equality by the Department of Social Protection.

The phrasing of this motion for debate pre-supposes that this direct payment allowance is a residual sum after a larger sum has been disbursed to some other entity. This is not the case and is a misapprehension of how this State meets its international obligations to asylum seekers. There is, perhaps, some confusion in that in order to make these payments, the Department of Social Protection uses the same system that makes supplementary welfare allowance, SWA, payments - normally €186. To make the €19.10 payment the system is configured to make a manual insertion of means amounting to €166.90. This is a technical adjustment done to facilitate payment - there is no question of a resident in direct provision having an entitlement to the €166.90.

Since April 2000 the needs of asylum seekers are catered for under the direct provision system operated by the RIA. The system is essentially a cashless one, under which asylum seekers are provided with food and other services on a full board basis. Residents do not have to pay for rent, electricity, heating, food, maintenance or other costs. Health and education services from mainstream hospitals-clinics and schools are provided in the same way as for all Irish citizens. To take account of the services provided, the direct provision allowance of €19.10 per adult per week and €9.60 is paid.

It continues to be open to any asylum seeker to seek assistance for a particular once-off need by way of an exceptional needs payment under the supplementary welfare allowance scheme as contained in section 201 of the Social Welfare (Consolidation) Act 2005. There is no automatic entitlement to an exceptional needs payment as each application is determined based on the particular circumstances of the case.

This administrative system of direct provision needs to be seen in the context of legislative provisions which would otherwise specifically prohibit asylum seekers from being able to be provided with the basic necessities of life. For example, asylum seekers cannot work under section 9(4)(b) of the Refugee Act 1996, cannot access rent allowance under section 13 of the Social Welfare (Miscellaneous Provisions) Act 2003 and are not entitled to a range of benefits, including child benefit, as they are deemed to be not habitually resident under section 246(7) of the Social Welfare (Consolidation) Act 2005.

There is, therefore, no direct link as between the entitlements of asylum seekers and non-asylum seekers, as inferred in this motion. As to the administrative nature of the direct provision scheme, including the direct provision allowance payments of €19.10 and €9.60, the Minister for Justice and Equality is aware of the argument, cited most recently by the Senator's colleague, Senator Jillian van Turnhout, that there ought to be a specific legislative underpinning of the provision of State services to persons who otherwise would not be entitled to such services. However, interaction of legislation and administration depends on the particular context involved and the Minister is satisfied there is no necessity to change either the direct provision policy itself, including the associated welfare provisions, or their administrative and legal basis.

The Minister acknowledges that the direct provision system is not ideal but it is a system which facilitates the State providing a roof over the head of those seeking asylum or seeking other grounds to be allowed, on humanitarian grounds, to stay in the State. It allows the State to do it in a manner that facilitates resources being used economically in circumstances where the State is in financial difficulty.

Trevor Ó Clochartaigh (Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I gather that the figure of €186 is a factious amount and that €166.90 is not handed over to any third party. The basic social welfare allowance of €186 is the mechanism used to pay a person in direct provision and that a technical deduction is made of €166.90 which does not go anywhere. I take it that is the issue. I am not sure if we can get the Minister of State on the record on his own opinion on direct provision. If that is appropriate it would be welcome.

Alex White (Dublin South, Labour)
Link to this: Individually | In context | Oireachtas source

I have nothing to add to what the Minister for Justice and Equality has aid in his response.