Seán Kyne (Galway West, Fine Gael)
Link to this: Individually | In context

Question 366: To ask the Minister for Justice and Equality if consideration will be given to amending or introducing legislation to empower the Ombudsman to examine complaints or issues from residents in the direct provision and dispersal scheme of accommodation administered by the Reception and Integration Agency. [32452/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Section 5 (1) (e) of the Ombudsman Act, 1980 and section 11(1) (e) of the Ombudsman for Children's Act, 2002 provide that either Ombudsman shall not investigate any action taken by or on behalf of a person in the administration of the law relating to, inter alia, asylum. I should say that, while neither Office currently has the power to investigate asylum related matters, the Irish Naturalisation and Immigration Service (INIS), including the Reception and Integration Agency (RIA), has administrative arrangements in place with both Offices to assist and provide information on matters brought to its attention. At all events, it should be noted that it was not intended that either Ombudsman would serve as a first instance appellant authority in relation to day to day administrative complaints mechanisms. It is a requirement that a person who wishes to appeal to the Ombudsman must first try to solve the problem with the public body concerned using formal local appeals mechanism.

In relation to the broader issue of complaints by residents of direct provision centres under contract to the Reception and Integration Agency (RIA) of my Department, these are dealt with in accordance with the recently published revised RIA House Rules and Procedures which are available in several languages on the RIA website at http://www.ria.gov.ie. A copy of 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, residents have the right to lodge a formal written complaint with centre management and, if the issue remains unresolved, residents can take the complaint to RIA. 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 dealt with by that official. The complaints system contained in these House Rules is considered by RIA to be broadly in line with the guidelines set out by the Office of the Ombudsman for internal complaints systems.

It is important to emphasise that the Rules specifically state that (a) residents should not be afraid to complain when they need to and (b) making a complaint will not affect how other official agencies consider their claims to remain in the State i.e. on asylum, subsidiary protection or general leave to remain grounds.

These House Rules and procedures were revised arising from a report from a Working Party, the membership of which included the Refugee Information Service and the Irish Refugee Council. The Review Group met 13 times and also met with residents and local NGOs in 4 asylum accommodation centres. During those Working Party discussions the issue of an independent appeals mechanism, on which differing views were held, was fully discussed. 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 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.

I should add 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.