Joanna Tuffy (Dublin Mid West, Labour)
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Question 40: To ask the Minister for Education and Science the relationship between his Department and its various agencies, including the National Education Welfare Board, the Garda National Immigration Bureau and the Reception and Integration Agency, in order to ensure that young adults attending secondary school are not arbitrarily removed from one area to another causing them to leave the secondary school into which they have settled as either refugees, asylum seekers or unaccompanied children, as described to his predecessor at a meeting in his Department on 22 April 2008 and representatives of the SSN group, all of which are Dublin based inner city secondary DEIS one-band schools; and if he will make a statement on the matter. [26103/08]

Conor Lenihan (Dublin South West, Fianna Fail)
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It is important to note that the meeting referred to in the question was about second level DEIS One band schools that are located in inner city Dublin. The Garda National Immigration Bureau and the Reception and Integration Agency are not agencies of the Department of Education and Science but instead come under the remit of the Minister for Justice, Equality and Law Reform. The Department of Education and Science has a member of staff seconded to the Reception and Integration Agency.

On the other hand, the National Educational Welfare Board does come under the remit of the Department of Education and Science.

With regard to moving young adults from one area to another the Minister for Justice, Equality and Law Reform draws a clear distinction between three categories of persons.

Firstly, refugees are recognised by that Minister as being persons entitled to protection under the 1951 Geneva Convention relating to the status of refugees, as incorporated into Irish law. Such persons have, in essence, the same residency rights as Irish citizens and are free to live and attend schools where ever they wish, throughout the country.

The second category comprises asylum seekers who can opt to be accommodated by the Reception and Integration Agency (RIA). RIA is responsible for the accommodation of asylum seekers under the system of Direct Provision.

I understand from the RIA that the position is as follows.

Generally, asylum seekers are accommodated in Dublin based reception centres for a few weeks and thereafter are dispersed to centres around the country in accordance with the long standing Government policy in this regard.

Generally, once a family is dispersed there is no need to move that family further unless (i) RIA has a requirement to close that centre or (ii) there are overwhelming individual reasons to transfer that family.

In relation to the former, accommodation provision is a demand led process driven by factors over which the RIA has no control. It is obliged to adjust its accommodation portfolio to reflect current demands. Where a centre has to be closed down, RIA deals with the resultant moves sensitively, taking account, amongst other factors, of the need to ensure that disruption to education is minimised. Similar account is taken when a move arises because of individual family circumstances.

It needs to be understood that disruption of an asylum seeker's education can arise for a number of diverse reasons such as the family itself seeking a transfer or because of removal by the Garda National Immigration Bureau to another State by way of deportation or Dublin II removal.

The third category comprises separated children seeking asylum (SCSA) — otherwise known as unaccompanied minors. Responsibility for accommodating separated children seeking asylum (SCSA), aged under 18, lies with the Health Services Executive (HSE). In general, the HSE provides such accommodation until they reach the age of 18 years.

However, under the Childcare Act, 1991, it is within the scope of the HSE to continue the care of those separated children over 18 whom the HSE consider 'vulnerable'. The RIA does not insist on SCSA's aged 18 years and over, who are awaiting a decision on their application for asylum, moving on to adult accommodation if the HSE has, for example, raised the issue of them being in a current Leaving Certificate year. Any decision to move this group lies solely with the HSE.

In summary, the Department of Education and Science has no part to play in the removal from one area to another of the categories of people specified above.