Seanad debates

Tuesday, 22 June 2021

Nithe i dtosach suíonna - Commencement Matters

Direct Provision System

9:00 am

Photo of Lynn RuaneLynn Ruane (Independent)
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I thank the Minister of State for being in the Seanad.

I am raising an important issue relating to direct provision and the Government's commitment to ending the current system for the reception and integration of people seeking refuge here in Ireland from conflict and persecution. I commend the Minister of State for the work undertaken in this area to date, specifically in the preparation of the White Paper on ending direct provision, which was published in February of this year. We are all aware of the inadequacy of the current direct provision system which has, as the Government has acknowledged, failed to respect the dignity and human rights of individuals and families within the system. Any new system for reception and integration must address those deficiencies and ensure that the human rights and dignity of those seeking protection from conflict and persecution are upheld.

The Irish State has relied too heavily on the private sector for the provision of direct provision accommodation over the last 21 years and this overreliance has failed people who so desperately need our care and support. The White Paper is ambitious in many areas and it goes some distance in terms of addressing the inadequacy of the direct provision system. I welcome many of its contributions, including those relating to women's health and period poverty, providing access to financial support equivalent to child benefit for families, and ensuring greater protection for unaccompanied minors. I also welcome the White Paper’s commitment to ending shared intimate living for families and to providing greater privacy for individuals within the system of accommodation.

My concern relates to the tendering process for the provision of accommodation for individuals and families seeking protection and refuge in Ireland. The White Paper emphasises the role to be played by the not-for-profit sector in the provision of accommodation. However, it does not explicitly state how or when this will be achieved. We presently do not have a timetable for the implementation of the new tendering process, nor are we aware of the steps which will be involved in the process for interested parties. My fear is that without a clear timeline and roadmap as to how this process will be implemented, not-for-profit organisations and social enterprises will be placed at a disadvantage in the tendering process.

Entering a submission for a tender is an expensive, time-consuming and risky process and not-for-profits and social enterprises are, by nature, less well-resourced than for-profit entities and more risk averse. As a result, my concern is that the new multistrand system for the provision of accommodation will ultimately favour for-profit enterprises, leaving us in a situation where the dignity and human rights of vulnerable people continue to be disrespected for the sake of profit.

I ask that the Minister of State provides an update regarding the timeline for implementation of the multistrand system for the provision of accommodation, and clarifies which strands are likely to be available at different stages throughout the implementation of the White Paper. I ask the Minister of State to outline the progress made in terms of the new procurement process and the steps involved for interested parties, if possible, at this stage. Traditionally competitive tendering processes are best suited to the private sector and in other instances, non-profit organisations have entered into service-level agreements with State bodies, such as the HSE and Tusla, to facilitate their involvement in provision of services. Has the Minister of State explored a service level agreement, SLA, process, rather than a tendering process? Additionally, I ask if the Department has considered the possibility of piloting a not-for-profit-owned or accommodation scheme while the implementation of the White Paper is under way? In implementing a pilot model, a not-for-profit or social enterprise could demonstrate the immediate viability of a better standard of care for those seeking refuge here in Ireland. We do not have to wait until 2024 to demonstrate that an alternative to the current model exists. I would encourage the Minister of State to consider this, if the Department has not already done so. While the promised winding down of the current system for reception and integration by 2024 is a welcome commitment, it is too far away for those individuals and families whose dignity and human rights are being pushed to their limits in direct provision today.

Photo of Frank FeighanFrank Feighan (Sligo-Leitrim, Fine Gael)
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I apologise on behalf of the Minister for Children, Equality, Disability, Integration and Youth, Deputy O’Gorman, who cannot be here. I thank the Senator for raising the issue.

Officials at the Department of Children, Equality, Disability, Integration and Youth are currently developing a tender process to secure additional accommodation for families with children, couples and single people seeking international protection. That process is still at a relatively early stage. There are a number of issues around the precise tender design and specifications that still need to be worked through. Nonetheless, all is going well. It is expected that a call for tender will be issued before the end of the summer. It would not be appropriate for me to anticipate the precise details of the tender specifications at this stage. However, a number of points are worth making by way of context. A key element of the work for 2021, that is set out in the White Paper to end direct provision, is to undertake a systematic programme to move away from reliance on emergency accommodation. As the Senator will know, the Department currently has 24 emergency accommodation centres, at various locations around the country, providing accommodation for 1,187 people. A successful tender process will enable the Department to move away from this reliance on emergency accommodation.

The provision of accommodation for applicants seeking international protection is a demand-led process, with the vast majority of applicants arriving in the State spontaneously. While the Covid-19 pandemic has resulted in a decrease in the number of applicants seeking international protection, demand for accommodation is expected to increase significantly once the current travel restrictions ease. Under the recast asylum reception conditions directive, which Ireland opted into in 2018, the State is legally obliged to provide accommodation to international protection applicants who need it while their claim is being determined. It will be necessary to put in place a process which allows the Department to respond flexibly to increases in demand as they arise. The new tender process aims to put in place a flexible approach to enable the Department to meet its accommodation needs on an ongoing basis, pending the full implementation of the White Paper. It is intended that, as far as possible, any new accommodation that is secured during the interim period will be broadly aligned with the approach set out in the White Paper. The aim is to improve the quality of accommodation and services offered to international protection applicants. The current tender process is aimed at securing additional accommodation for international protection applicants to ensure that the Department moves away from reliance on emergency accommodation and to ensure that it has adequate capacity and can respond flexibly to increases in demand as they arise.There is no degree of urgency to this. As a consequence, the Department has no plans to run any pilot projects as part of the process.

The Senator referred to the not-for-profit sector and I understand non-governmental organisations and the not-for-profit sector are being looked at. The Senator asked about the criteria to be used and I will bring those concerns to the Minister.

Photo of Lynn RuaneLynn Ruane (Independent)
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I note the Minister of State indicates the Department does not plan to look at a pilot project. I am a little concerned that we are at the early stage of the tendering process, and such processes can take a long time. I am aware that the Minister of State has said the senior Minister plans to release that tender before the end of the summer. It sounds like there is a tight turnaround on the tendering process. I am aware of a number of different not-for-profit organisations that are ready to go with own-door accommodation and it feels like an awful shame when so many people are living in such cramped, unsuitable conditions while there is an option or alternative in the interim. I ask that the Minister of State communicates this to the Department so it could consider some of those options if there are further delays in the tendering process.

Photo of Frank FeighanFrank Feighan (Sligo-Leitrim, Fine Gael)
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The current public procurement process is aimed at securing additional accommodation for international protection applicants to enable the Department to move away from the use of emergency accommodation. As I have said, there is an urgency to this exercise; while demand remains relatively low, it is likely to increase once the current travel restrictions are eased. The State has a legal as well as a moral duty to provide accommodation to any applicant for international protection who needs accommodation; a claim is being determined but it would not be appropriate for me to speculate about the precise details of the procurement process, who might bid or about what tender submissions might be successful. The Department will run its tender process in compliance with public procurement law and it will be open to all eligible parties to bid, in the normal way, when the time comes.

I will bring the comments made by the Senator on the not-for-profit organisations, which are interesting, back to the Minister.