Pat Rabbitte (Dublin South West, Labour)
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Question 126: To ask the Minister for Justice, Equality and Law Reform the statutory body which has responsibility for providing accommodation to asylum seekers who have been evicted from direct provision facilities; and if he will make a statement on the matter. [32740/08]

Dermot Ahern (Louth, Fianna Fail)
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Section 10 of the Housing Act, 1988, while not putting a statutory obligation on local authorities, confers powers on them to directly arrange and fund emergency accommodation, make arrangements with the HSE or a voluntary body for the provision of emergency accommodation, and/or make contributions to voluntary bodies towards the cost of accommodation provided by them. The structures in that Act were unsuited to the situation facing the Government in 1999 and subsequent years when the number of asylum seekers arriving in Ireland increased dramatically. A total of 7,724 asylum applications were received in 1999 and a further 10,938 in the following year. Of these, most presented themselves in Dublin. The homeless service of the then Eastern Health Board could not cope and there was a serious prospect of widespread homelessness among asylum seekers.

In response to this serious and unprecedented challenge, the Directorate for Asylum Support Services (DASS), was established in November, 1999 under the aegis of my Department to coordinate the scheme of dispersal and direct provision for asylum seekers. DASS was subsequently replaced by the Reception and Integration Agency (RIA) which continues to accommodate asylum seekers under the system of dispersal and direct provision. Today, there are 62 accommodation centres around the country accommodating just over 6,800 persons.

Direct provision provides asylum seekers with full board accommodation and certain ancillary services while their applications for asylum are being processed. It needs to be understood that there is no obligation placed upon asylum seekers to avail of the accommodation offered by RIA. Some choose to live with relatives or friends, or make use of their own resources to source accommodation. The rights and obligations of an asylum seeker in a RIA accommodation centre are clearly spelt out in a document entitled 'Direct Provision Reception and Accommodation Centre Services, Rules and Procedures', a copy of which is provided upon arrival in the centre. Specific reference is made to the right of RIA to expel a resident in extreme circumstances.

In this respect, while every effort is made by the RIA and other State service providers in each centre to facilitate its smooth running, a very small number of residents have chosen — through their own actions — to exclude themselves from such accommodation. Expulsion arises as a result of, inter alia, persistent violent and aggressive behaviour, threats to persons and property, assault, violence, vandalism and damage to property. The RIA has a duty of care towards the 6,800 residents in its care, to centre staff under contract to it, to staff providing services on-site and to visitors, and cannot turn a blind eye to such behaviour.

Quite properly, Ireland honours its international obligations in allowing asylum seekers entry into the State so that their international protection claims can be assessed in accordance with the law. In doing so, the State allows to asylum seekers generous access to services, including the direct provision system. All asylum seekers have a personal obligation to ensure that their behaviour is fully consistent with their status in the State. No other State body is obliged to provide accommodation to asylum seekers, even when — through their own actions — they effectively lead to their own departure from a centre. It should be noted that at all points in the asylum process, it is open to an applicant to withdraw from the process and seek a voluntary return to his or her country of origin.