Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 455: To ask the Minister for Justice and Equality his plans to introduce an independent complaints mechanism for direct provision centres; and if he will make a statement on the matter. [9448/11]

Alan Shatter (Dublin South, Fine Gael)
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The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal.

Since 2002, RIA has had in place House Rules and Procedures for asylum seekers living in direct provision asylum accommodation centres. These Rules set out the entitlements and obligations placed on centre management and residents and, in the event that these are not being met, a complaints procedures to be invoked by either party. These rules were drawn up by a working party which had an independent Chairman and comprised representatives of accommodation centre management, the Irish Refugee Council, An Garda Síochána, the Attorney General's office, the Health Boards, Irish Commission for Justice and Peace and RIA.

Given the passage of time, and taking into account the experience garnered by relevant bodies in the meantime, a new working group was set up in 2007 to review the existing procedures. Like its predecessor, this group also had an independent Chairman and had representation from NGOs (including the Irish Refugee Council and the Refugee Information Service), the Health Service Executive, RIA, Centre Management and An Garda Síochána. This Group met on thirteen occasions and a subgroup also met with residents and local NGOs in four accommodation centres.

Subject to reservations by the NGO groups involved on the issue of an independent appeals mechanism, of which more below, the Working Group agreed the new rules which were then submitted to NALA (National Adult Literacy Association) for proofing in relation to simplicity of language. This was finalised in November 2009. The revised rules were laid out in a new question-and-answer format and more clearly explained the complaints mechanism for use by residents and staff alike. The thrust of the complaints procedure is that issues which arise are best resolved quickly, locally and informally without the need to proceed formally. In the main, this is how issues are resolved. However, the rules also provide for a written complaints procedure to be followed in the event that the matter cannot be resolved informally. It also allows for direct referral to RIA in certain circumstances. It is important to note that if a complaint is made in respect of a decision made by a particular RIA official, the appeal is not deal with by that official.

The revised House Rules and Procedures have been translated into 12 languages and are provided to all asylum seekers on arrival at their accommodation centres. The rules, including all translated versions, are published on-line on the RIA website www.ria.gov.ie. RIA has also held information sessions for residents on the new House Rules in 20 centres in 2010, at which active participation in the complaints process, where required, was encouraged.

It needs to be understood that the complaints procedure does not cover the asylum process itself, in respect of which an independent appeals process already exists. Nor does it cover the issue of transfers within the Direct Provision system. Over and above the House Rules themselves, the interests of asylum seekers are protected through regular clinics in centres, at which residents can speak directly to RIA headquarters staff without local centre management being present. Further, unannounced inspections take place in centres, by RIA staff and by a contracted independent company, to ensure that centres are adhering to their contractual obligations. Also, issues of concern are brought to the attention of RIA by representatives of statutory or voluntary agencies working with asylum seekers.

The Deputy will be aware that, in response to concerns expressed by members of the Joint Oireachtas Committee on Health and Children in October 2010 to departmental officials appearing before it, amendments were made to the House Rules to further encourage use of the complaints mechanism by residents and staff. Also, RIA will publish shortly on its website aggregated monthly statistics on formal written complaints made under these Rules.

The issue of an independent complaints mechanism was a significant feature of the working group discussions which led to the original House Rules and the subsequent revised version. It was RIA's view that no clear model was cited during these discussions as to what an independent complaints mechanism would look like or how it could be implemented without undue cost and bureaucracy. The system of direct provision exists within its own circumstances and the RIA is satisfied that the structure of the complaints procedure contained within the revised House Rules is fair and is broadly in line with the guidelines set out by the Office of the Ombudsman for internal complaints systems.