Alice-Mary Higgins (Independent)
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Will the Minister of State make a statement on the recent and ongoing issuing of deportation orders and letters to asylum seekers requesting that they leave the country voluntarily or be threatened with deportation? Will he make that statement in the context of the global Covid-19 pandemic? Our obligations in terms of international protection have never been as important as they are now given the global emergency that is happening. We know that the UN High Commissioner for Refugees, UNHCR, the International Organization for Migration and the UN World Food Programme have all reported the massive exacerbation of pressure on vulnerable peoples throughout the world due to the Covid-19 pandemic. As of August, we know that 79 million people have been displaced globally because of the pandemic. These are the figures from the UNHCR. It is a global crisis.

I am extremely concerned that 469 deportation orders have been issued since March. I have received very concerned queries from a number of international protection applicants and from their communities. At a time we are told travel is to be restricted, the receipt of a letter telling people they need to leave the country or they will face the threat of deportation or they might be deported at any moment is deeply distressing not just for individuals but for their partners, their families and the communities in which they are involved. Many of those receiving these letters are very active in their communities. They are community volunteers. Some of them are extremely talented artists. We know that some of them are health workers or care workers. We have people who are part of the fabric of communities trying to help those communities through difficult circumstances and a letter like this adds great distress.

What is the rationale behind the issuing of such letters and deportation orders during a global emergency? What considerations have been given to the principle of non-refoulement, which is that people should not be deported into a situation where their lives may be threatened due to various factors such as their race, religion, nationality, membership of a particular social group or a political opinion, if it is the case that these categories would lead to somebody having difficulty accessing health services, or that the very process of being forced to travel during a pandemic could endanger somebody's life? There is a real concern about the absence of protection and the lack of access to necessary healthcare and protection if we are sending people into those circumstances and, in some cases, into very overburdened health systems.

The Taoiseach has indicated with regard to a particular case where two healthcare workers were issued with deportation orders that they would not be deported to Covid-19 hotspots. Is this the Taoiseach's statement or a departmental policy with regard to deportations? Are other considerations being made with regard to these orders and the risks of international travel?

Either by means of statutory instrument or legislation, I urge the Minister of State to indicate how he intends to engage on this issue? Will he look at a cessation of the issuing of deportation orders during the Covid-19 pandemic or at least during emergency periods such as we are in at present? Will he look at statutory instruments or legislation, including, potentially, the powers he might have under the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act? There might be an opportunity under those powers to take action on this issue and ensure we stop this practice.

James Browne (Wexford, Fianna Fail)
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I thank the Senator for raising this important matter, which I am taking on behalf of the Minister, Deputy McEntee. The Minister is aware that it has been a cause of significant concern in recent weeks.

I assure the House that our objective is to have decisions made as soon as possible on international protection applications and permission to remain considerations. This approach means that those who are found to be in need of protection will receive it quickly and can begin rebuilding their lives here with a sense of safety and security. For those found not to be in need of protection, we can offer them assistance to return to their home country. This objective of timely decision making is shared by the expert group led by Dr. Catherine Day, whose report the Ministers for Justice and Children, Equality, Disability, Integration and Youth, Deputies McEntee and O'Gorman, published recently.

For those found not to be in need of international protection a full consideration of all aspects of their case is considered before a deportation order is made. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work situation, among other issues. The principle of non-refoulement applies to these decisions. Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture or cruel, inhuman or degrading treatment or punishment and other irreparable harm.

During the early stages of the pandemic, it was decided to issue positive recommendations only from the international protection office. The aim of this approach was to ensure applicants with negative recommendations were not disadvantaged by the time limits set out in the legislation within which they must make an appeal or request a review of a refusal of permission to remain. Once substantive processing and appeal hearings recommenced in more recent months, so too did the issuing of negative decisions. While the number of negative decisions did not increase, there was a build-up in the issuing of such decisions, with a higher volume than normal issuing once processing recommenced.

When individuals are advised of their negative international protection decision they are informed that they no longer have permission to remain in the State. Under the relevant primary legislation on this issue, they are required to confirm within five days if they will accept the option of voluntary return, for which the Department of Justice will provide assistance. If they do not confirm that they will leave voluntarily, a deportation order will then be made against them.

That said, a pragmatic approach is taken and, to be clear, the person is not required to remove themselves from the State within five days, they are required to indicate an intent to do so. The time taken for relevant voluntary return arrangements to be made will take into account all factors, including Covid restrictions and the limitations to travel this has created. Having said that, the Minister has previously stated that particular issues clearly arise with level 5 restrictions and, as a result, the letters may have inadvertently caused distress. The Minister, therefore, asked her officials to review the process of issuing such letters during the restrictions. I understand that no letters have issued since.

The expert group led by Dr. Catherine Day has recommended that the five-day period for deciding whether to accept voluntary return should be extended to 30 days. This, along with all other recommendations relevant to the work of the Department, will be actively considered by the programme board that the Minister has established for this purpose. Its work will feed into the development of the White Paper by the end of this year, in line with the programme for Government commitment.

Alice-Mary Higgins (Independent)
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I strongly suggest that the Department return to the position of only issuing positive decisions during this period. Those who might be required to appeal cannot engage with the community or seek support if people cannot visit households.I am aware that people have been deeply distressed to have friends who have received deportation orders and who have not been able to engage with or see how they might be able to support them. I suggest strongly to the Minister of State that he formally return to the policy of only issuing positive decisions. I also suggest that the 30-day requirement, as proposed in that report, be implemented and that there should be a cessation in the issuing of these letters during that period until that 30-day period is set in place because a five-day notice landing in the middle of a lockdown level 5 is too distressing for people.

I appreciate that there are pragmatics but it is important that there is a clearer policy for those who receive letters. They often cannot even seek legal advice in that time. Can the Minister of State formalise the more humane policy that was adopted earlier in the crisis?

James Browne (Wexford, Fianna Fail)
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I thank the Senator again and I acknowledge her request on positive decisions only and bringing in the 30-day requirement as soon as possible. I will bring both of those proposals to the Minister. I reiterate that each case is examined in detail on its individual merits taking all of the factors into account. I assure her, however, that I will convey all of her comments to the Minister late.

Róisín Garvey (Green Party)
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I thank the Minister of State, Deputy Browne, for his attendance.