Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 174: To ask the Minister for Justice, Equality and Law Reform the reason for his refusal to establish an independent complaints mechanism for residents of direct provision centres based on the best practice guidelines established by the Office of the Ombudsman; and if he will make a statement on the matter. [28516/10]

Dermot Ahern (Louth, Fianna Fail)
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Complaints by residents of direct provision centres are dealt with in accordance with the procedures outlined in the recently published revised house rules and procedures of the Reception and Integration Agency (RIA) of my department, which are available on the RIA website at http://www.ria.gov.ie. A copy these rules and procedures is provided to all asylum seekers on arrival at their accommodation centre.

Experience has shown that, given the nature and the number of such complaints, they are best resolved by informal discussion between residents and management at a local level. Where more serious complaints arise that cannot be resolved informally, residents have the right to lodge a formal written complaint with centre management and are entitled to a response within 14 days. If the issue remains unresolved, the resident has the right to take their complaint to RIA. RIA will make a determination on the complaint and the results of that decision are binding on both centre management and residents. If the resident's complaint is upheld, RIA will ensure that management take appropriate action to rectify the situation.

I should say that rules and procedures were only recently revised arising from a report from a Working Party, the membership of which included the Refugee Information Service and the Irish Refugee Council. During those Working Party discussions the issue of an independent appeals mechanism, on which differing views were held, was fully discussed. The system of direct provision is sui generis and I am informed that the complaints resolution procedure above is considered to be the only one appropriate to the circumstances which obtain in that system.