Written answers

Wednesday, 26 July 2017

Department of Justice and Equality

Direct Provision System

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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513. To ask the Tánaiste and Minister for Justice and Equality his views on the consultation report with children and young persons in the direct provision system that was published by the Department of Children and Youth Affairs. [35838/17]

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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514. To ask the Tánaiste and Minister for Justice and Equality if he will make changes to the direct provision system to greatly improve the living conditions and welfare of asylum seekers and their children (details supplied); and if he will make a statement on the matter. [35839/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I propose to take Questions Nos. 513 and 514 together.

This report comprises the views of children living in State provided accommodation collated from five consultation sessions carried out with children from a wide range of centres in 2015. Many of the likes and dislikes expressed by the children were also identified and addressed in the recommendations of the McMahon Report. In implementing those recommendations we have taken the views of children as expressed in this report into account.

The International Protection Act 2015 introduced the single application procedure for international protection. This replaces the sequential processing system and is the single biggest reform in this area for the past twenty years. Since January 2017, all applications for international protection are being processed under the new single applications procedure. In responding to length of time issues, the Department, in addition to implementing the single procedure, proactively engaged in an examination of cases of those longest in the system. These cases have been expedited resulting in substantial numbers of people who were greater than five years in the system now dealt with. It is estimated that almost all of those identified in the Report as being over 5 years in the Direct Provision system and who do not have any impediments, such as ongoing judicial reviews, have now had their cases processed to completion.

A range of measures have been put in place to ensure that the principle of the best interests of the child can be effectively implemented from the single application procedure to living in centres. There is ongoing implementation of the child protection and welfare policy in all accommodation centres under the direct supervision of an officer seconded to the Reception and Integration Agency (RIA) from TUSLA. In addition to this, an officer seconded from the Department of Education and Skills to RIA oversees the enrolment of children in accommodation centres across the country as they link in with local schools. In addition, the remit of the Ombudsman for Children has been extended to include children in state provided accommodation centres.

My Department continues to work with Contractors at a number of centres (both State owned and commercial) to commence projects for independent living for residents. This is a follow on from the provision of this facility at Mosney and Ballyhaunis. This will include home cooking within the family accommodation units in some instances and access to communal cooking stations for residents in other instances. These projects allow adult family members to cook for themselves and their families rather than availing of the central catering services provided at the centres. These projects will be reviewed and refined with a view to their application across the entire accommodation portfolio where feasible. It should be noted that these projects can involve structural works and due regard needs to be taken of fire safety legislation and planning requirements.

The 2016 annual report from the Reception and Integration Agency of the Department contains a detailed listing of the on-site and off-site facilities available for children who are living in State provided accommodation. This report is available at

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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515. To ask the Tánaiste and Minister for Justice and Equality his plans to provide a place finders service similar to that provided to programme refugees to residents of direct provision centres who have secured their leave to remain but are unable to secure permanent accommodation due to the rental crisis. [35841/17]

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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516. To ask the Tánaiste and Minister for Justice and Equality if he will meet with the Minister for Housing, Planning, Community and Local Government to agree the best way in which to assist those residents of direct provision who have secured their leave to remain but are unable to access permanent housing due to the housing crisis and are effectively using direct provision as a form of emergency accommodation. [35842/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I propose to take Questions Nos. 515 and 516 together.

The Reception and Integration Agency is currently considering the options that are possible to assist residents of direct provision who have leave to remain but who are encountering difficulties in accessing accommodation. I plan to hold meetings imminently with NGOs to see what might be possible. Of course, issues relating to housing fall within the remit of the Department of Housing, Planning Community and Local Government and with each of the local authorities within the State. It is important that we would not duplicate efforts when seeking a solution to this problem.

The Irish Refugee Protection Programme (IRPP) is working with the Irish Red Cross in relation to accommodation pledges made for persons who relocate from Greece and Italy under the EU schemes. While those pledges were made specifically for the cohort of persons coming from Greece and Italy, it is hoped that a number of clients with leave to remain may be able to avail of some offers. Meetings have also been held with representatives of the churches to see how they might assist.

The Reception and Integration Agency has prepared a booklet 'Your guide to living independently' which offers guidance to all persons in State-provided accommodation centres when they are in receipt of any form of 'leave to remain'. This booklet provides practical information on State services and is also available in several languages on the website of the Reception & Integration Agency (RIA) - www.ria.gov.ie. Information sessions on these services were also provided by the Citizens Information Board in situat centres. In addition to the publication of the booklet, a number of NGOs have been awarded monies under the EU Asylum, Migration and Integration Fund (AMIF) specifically to provide assistance to move out of State provided accommodation. At the beginning of July 2017, there were approximately 400 persons with some form of status continuing to reside in State provided accommodation.

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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517. To ask the Tánaiste and Minister for Justice and Equality if he will discuss with the Reception and Integration Agency, RIA, a protocol with providers of direct provision governing the provision of references for private sector landlords for those residents of direct provision who have secured their leave to remain and are trying to access private rented accommodation. [35843/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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It is not possible for the Department of Justice and Equality to compel contractors to provide references for landlords. As a consequence, it is not possible for RIA to develop a protocol on the lines proposed by the Deputy. However, I plan to meet with NGOs shortly to see if there are other solutions that can be used to assist residents of direct provisions who have secured their leave to remain and are trying to access private rented accommodation.

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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518. To ask the Tánaiste and Minister for Justice and Equality the standards in place in direct provision centres governing day-to-day conditions, including the quality of beds and furniture, quality of food, provision of study facilities for children preparing for exams and access to visitors. [35844/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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All contracts with service providers for the provision of accommodation include the following clause:

"It shall be the responsibility of the Contractor to ensure that the premises complies and operates in accordance with all relevant statutory requirements of Local Authorities and other Agencies in relation to planning, building, bye-laws, bedroom capacity, food, food hygiene, water supply, sewage disposal, fire precautions, minimum pay, legally binding industrial or sectoral agreements and health and general safety, including:

- Building Control Acts 1990 and 2007;

- Building Regulations 1997 to 2007;

- Building Control Regulations 1997 to 2004;

- Employment Permit Acts, 2003 and 2006;

- European Communities (Drinking Water) Regulations 2000;

- European Communities (Hygiene of Foodstuffs) Regulations 2000 and 2005;

- European Communities (Official Control of Foodstuffs) Regulations 1998;

- Fire Services Acts, 1981 and 2003;

- Food Hygiene Regulations, 2000;

- Housing Acts, 1966 to 2004;

- Industrial Relations Acts 1946 to 2004;

- National Minimum Wage Act 2000;

- Planning and Development Acts 2000 to 2005;

- Private Security Services Act, 2004;

- Safety, Health & Welfare at Work Act, 2005;

- Tourist Traffic Acts, 1939 to 2003;

- Any statutory modification or re-enactment of same; and,

- Any other relevant Act or Regulations as may be notified by the Minister to the Contractor."

In addition to the legal and regulatory requirements outlined in the above contract clause, the Reception & Integration Agency (RIA) of my Department oversees its own robust system of inspections, both internal and independent, to ensure that the accommodation provided is of a suitable standard and that the terms and conditions of the contract are met at all times. All centres operate a system whereby residents can alert management when an item of furniture or other item is in need of maintenance or replacement. It is also open to the resident to use the complaints system if they believe that their complaint has not been properly dealt with. In addition, food in centres is subject to inspection by the Environmental Health Officer (EHO) at any time in respect of food storage, temperature and preparation. Access to visitors is governed by the House Rules and child protection policy considerations.

The recommendations in the Working Group Report, also referred to as the McMahon Report, in relation to standards in State provided accommodation are under examination by a sub-group comprising representatives from my Department, other State agencies and representatives from the NGO sector. The work of this group is still progressing. This is alongside other major projects, such as improved cooking and living facilities, which are being rolled out across a number of State provided accommodation centres.

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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519. To ask the Tánaiste and Minister for Justice and Equality if he will provide a list of all HIQA inspections of direct provision centres, in tabular form; details of when the inspections took place; if he will provide a copy or summary of the findings of such inspections; and if he will request a HIQA inspection of the towers direct provision centre in Clondalkin, Dublin 22. [35845/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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The Health Information and Quality Authority (HIQA) does not inspect State provided accommodation centres for protection applicants. The Reception & Integration Agency (RIA) of my Department operates a robust inspection regime and operates a target of carrying out three inspections on all centres per year - two by RIA staff and one by an independent company with expertise in fire and food safety. The independent inspection company is currently QTS Ltd. Since 1 October 2013, it has been policy to publish all inspection reports on RIA's website www.ria.gov.ie . There are over 273 published inspections covering 35 centres currently publicly available. It is not possible to provide a summary of the findings of such a large volume of reports.

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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520. To ask the Tánaiste and Minister for Justice and Equality if he will discuss with the Ministers for Housing, Planning, Community and Local Government and Social Protection the funding arrangements for residents of direct provision centres who have secured their leave to remain but are unable to source permanent accommodation and are effectively using direct provision as a form of emergency accommodation and who are having their social welfare payments deducted at source leaving them with inadequate income and an inability to save for a deposit for rented accommodation. [35847/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I am currently looking to see how we can enable residents of direct provision centres that have secured their leave to remain to move out of direct provision. The Department of Justice and Equality is engaging with the Department of Housing, Planning, Community and Local Government and with the Department of Social Protection in this regard.

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