Written answers

Wednesday, 14 September 2011

Department of Justice, Equality and Defence

Direct Provision System

9:00 pm

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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Question 614: To ask the Minister for Justice and Equality his views on the direct provision system that is in need of fundamental reform; his plans to review this system; and when that review will be expected to take place. [22851/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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In response to this question, I will firstly explain the direct provision system, how it came about, why it remains a necessary feature of the State's asylum and immigration system, and why legislative proposals before the House will, if passed, of necessity reduce the length of time persons stay in the system.

The accommodation of asylum seekers through the direct provision system is the responsibility of the Reception and Integration Agency (RIA) of my Department. Direct Provision means that the State, through RIA, assumes responsibility for providing for asylum seekers suitable accommodation and certain other services on a full board basis. All accommodation costs, together with the costs of meals, heat, light, laundry and maintenance are paid directly by the State. Asylum seekers in direct provision accommodation also receive a weekly cash allowance which takes account of board and lodgings and other ancillary benefits provided through the direct provision system. Asylum seekers can also apply to Community Welfare Officers for assistance to meet a particular once-off need by way of an exceptional needs payment under the Supplementary Welfare Allowance scheme. Payments under this category cover once-off costs such as back-to-school clothing and footwear.

In addition to full board accommodation, RIA coordinates, through other Government bodies, a number of ancillary services to asylum seekers in direct provision accommodation. All asylum seekers are offered free medical screening on arrival in the State and are allowed access to health services on the same basis as for Irish citizens. Asylum seekers in direct provision accommodation will generally qualify for a medical card whereby they are eligible to receive a wide range of health services free-of-charge including GP services and prescribed medicines. Other HSE-provided supports include Public Health Nurse service as well as a dedicated asylum seeker psychological service in Dublin.

Asylum seeker children are entitled to access free Primary and Post-Primary education on the same basis as an Irish citizen. In addition, English language supports are made available to adult asylum seekers; in some cases facilities are provided on-site in RIA accommodation centres for such classes. At a number of centres, the RIA has provided facilities for on-site preschool services.

As of today, RIA has 40 asylum seeker accommodation centres throughout the country. The system is a constantly evolving one, taking account of the ebb and flow of residents and of the financial resources available to RIA. Overall demand for RIA services is declining. At the beginning of 2009, RIA was accommodating an overall number of 7,002 asylum seekers. Today, it is accommodating just over 5,600 persons, a reduction of almost 20 % during this period.

The direct provision system was a necessary response to the increasing number of asylum seekers arriving into the State. Before 1999, these asylum seekers were treated as homeless under the then structures in place. These structures were entirely unsuited to the situation facing Ireland and 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 organisation which was subsequently named the Reception and Integration Agency was established to coordinate the scheme of dispersal and direct provision for asylum seekers

The direct provision system is only one element of the State's response to its international obligations on the asylum issue. As well as educational, health and welfare costs there is the asylum determination system itself, as well as the downstream judicial and policing costs. In the period 2005 to 2009 inclusive, the total amount spent across the whole of Government on asylum seekers was €1,275.31 million of which €424.43 million was spent on the direct provision system. Quite clearly, meeting our international obligations in this respect consumes very considerable public monies. But Ireland is not unique in this respect. All countries which take their responsibilities in this area seriously are faced with similar calls on their financial resources.

There are no cheaper alternatives to the direct provision system. In fact, if we were operating a system which facilitated asylum seekers in living independent lives in individual housing with social welfare support and payments, the cost to the exchequer would be double what is currently paid under the direct provision system. This was a key finding in the recent Value for Money Report on the direct provision system which was published in 2010 and is on the RIA website - www.ria.gov.ie.

On the matter of application processing times and consequent length of time spent in the direct provision system, some cases can take significantly longer to complete owing to, for example, delays arising from medical issues or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and high quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process.

For the sake of completeness, it is necessary to point out that persons who are refused a declaration under section 17 of the Refugee Act 1996, as amended, enter what is commonly referred to as the "leave to remain" process which generally has two elements to it: an application for subsidiary protection and further consideration to be given under section 3 of the Immigration Act 1999, as amended. This is separate from the asylum or refugee status determination process. The processing of cases at this point is also complex and extremely resource intensive and there are no quick or easy decisions to make. Given the life changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention.

I have taken steps to speed up the processing of applications, primarily by redeploying staff from the refugee determination bodies. The Immigration, Residence and Protection Bill 2010 which I recently restored to the Dáil Order Paper provides for the introduction of a single procedure to determine applications for protection and other reasons to remain in the State. This should substantially simplify and streamline the existing arrangements. This reorganisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their applications in a more straightforward and timely fashion. The Deputy is probably aware I am developing a number of amendments to the Bill before commencing Committee Stage which I hope to be in a position to take in the near future .

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