Written answers

Wednesday, 2 July 2014

Department of Justice and Equality

Direct Provision System

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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130. To ask the Minister for Justice and Equality if she will support the 1,791 children in direct provision centres that are overcrowded; and if she will make a statement on the matter. [27901/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal.

As at 8 June 2014, there were 4,353 persons availing of direct provision accommodation in 34 centres under contract to the Reception and Integration Agency (RIA) of my Department. Approximately 38 % of these residents are children under the age of 18.

I am assured by RIA that centres are not overcrowded. All accommodation in use by RIA is subject to compliance with the various statutory provisions, including the Housing Acts governing accommodation of the type provided to asylum seekers. All accommodation providers and other companies engaged by the State are required under contract to ensure that all accommodation centres comply and operate in accordance with all of the statutory requirements of local authorities and State agencies in relation to bedroom capacity, food, food hygiene, water supply, fire safety, general safety and so forth. So far as the needs of babies, children and expectant mothers are concerned, rigorous contractual requirements are imposed on accommodation providers.

Temporary overcrowding can occur when the family profile has changed on the basis of age or newly arrived family member. For example, under RIA policy, children aged 10 years or more should not share a bedroom with a family member of the opposite gender. In those circumstances, where it is not possible to provide additional accommodation within the centre, RIA offers alternative accommodation at another centre. However, a family may choose to refuse the offer of a transfer to another centre because either (a) it prefers the current arrangement or (b) it wants to await a better offer. Where a family refuses an offer of alternative accommodation in such circumstances, RIA keeps the family details under review and further offers are made as deemed suitable.

Generally, the safety of all residents – especially children – is at the forefront of RIA’s objectives. RIA affords the highest priority to the safeguarding and protection of children. RIA is, and will always be, compliant with all legislative requirements in this area. RIA has a fully staffed child and family service unit, the head of which is seconded from the HSE and whose role is to manage, deliver, coordinate, monitor and plan all matters relating to child and family services for all residents in the direct provision system. The unit also acts as a conduit between RIA and Child and Family Agency (Tusla), the latter having statutory functions in this area.

RIA's Child Protection and Welfare Policy is based on the the Department of Children and Youth Affairs' “Children First- National Guidance for the Protection and Welfare of Children”. This guidance document was developed to assist people in identifying and reporting child abuse and welfare concerns. The protection and welfare policy emphasises that the needs of children and families must be central to child care and child protection and welfare. RIA's policy has been reviewed and updated and now contains a practice document to make it more user friendly. That draft document is now with Tusla for final feedback and it is anticipated that it will be published by the end of August, 2014 on RIA’s website .

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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131. To ask the Minister for Justice and Equality if she will provide an update on the 2012 report of the Special Rapporteur on Children in direct provision which highlighted the real risk of these children; and if she will make a statement on the matter. [27902/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application. As at 8 June 2014 there were 4,353 persons availing of direct provision accommodation and supports in 34 accommodation centres in the State.

The sixth report of the Special Rapporteur on Children relating to 2012 was published on the website of the Department of Children and Youth Affairs in July 2013. There is no specific reference to children in Direct Provision in that report. Nonetheless, I have recounted in detail in replies to previous Dáil Questions how the Government affords the highest priority to the safeguarding and protection of children in that system. In particular, I have pointed out that RIA operates a Child Protection Policy is based on the HSE's "Children First - National Guidelines for the protection and welfare of children" and that there is a specific unit in RIA called the Child and Family Services Unit, which is fully staffed and whose role is to manage, deliver, coordinate, monitor and plan all matters relating to child and family services for all asylum seekers residing in the direct provision system.

More generally, I acknowledge that the length of time that residents spend in Direct Provision is an issue to be addressed. My immediate priority is that the factors which lead to delays in the processing of cases are dealt with. In this regard, legislative reform aimed at establishing a single application procedure for the investigation of all grounds for protection is a key priority for this Government. Such reform would substantially simplify and streamline the existing arrangements by removing the current multi-layered and sequential processes and provide applicants with a final decision on their application in a more straightforward and timely fashion. In consultation with my officials, I am reviewing the work done to date in respect of the Immigration, Residence and Protection Bill and will then decide on how best to progress the implementation of the Government's priorities, in particular to expedite those relating to the establishment of a single application procedure.

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