Written answers

Tuesday, 16 January 2018

Department of Justice and Equality

Direct Provision System

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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551. To ask the Tánaiste and Minister for Justice and Equality the procedures in place if a resident in direct provision is suspected of not occupying their accommodation; if these procedures allow for due process including the presentation of evidence, the ability of the resident to contest the evidence and to put forward their own evidence; the sanctions that exist; the appeals process; the notice period given to direct provision residents if they are moved from the accommodation; and if he will make a statement on the matter. [55198/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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The Reception and Integration Agency (RIA) of my Department oversees the provision of accommodation for applicants for international protection while their application is being processed. Not every applicant takes up the offer of that accommodation and many chose not to do so. In addition some residents move out of that accommodation and live with friends or families.

Part of the role of RIA and individual centre management is to ensure that those who request and are allocated accommodation within the RIA portfolio are using it on a consistent basis.  This accommodation is provided to protection applicants on the understanding that they will be living there in the normal course.  Clearly if a person is allocated accommodation but ceases using it, it would be wrong not to re-allocate it to an international protection applicant who genuinely requires it.

In this regard, the Deputy will wish to note that at the end of December 2017, RIA was providing accommodation for 5,096 persons with an effective vacancy rate of just under 2.5%.  There is an ongoing challenge to identify suitable accommodation to applicants for international protection. The average number of new protection applications per week was 56 in 2017, with an average of 244 per month.  To cope with the demand for accommodation from international protection applications, RIA reopened two former accommodation centres in late 2017.

The management of each centre are required to submit a weekly register to RIA which gives details of the persons who are on site.  Management of a centre have experiential knowledge of whether a person is using their accommodation as they meet directly with residents on a daily basis (eg at meal times or the collection and delivery of post) and link with residents in the provision of services.

When it comes to RIA's attention that a resident does not appear to be using their bed space consistently and the person has not given centre management an explanation as to why this is the case, RIA staff liaise with centre management to manage the situation.  In a case where RIA is satisfied that accommodation is not being used consistently, the resident will be issued a letter advising them that if they do not use their bedspace, that space will be re-allocated to another applicant in need. If the resident continues to be absent from their accommodation, a letter will be sent to them (at that centre), advising them that their bedspace has been deemed abandoned and will be reallocated to another protection applicant.  This letter will be held by management until the person presents in the centre to collect their post.

It is open to residents to respond to the initial letter and provide any evidence that they are indeed availing of the accommodation. If RIA is satisfied that this is the case then the matter will be closed at that stage and the accommodation will not be reallocated.  Once the final letter is issued advising the resident that the bedspace has been deemed abandoned then any complaint will not be suspensive.  However, they resident can, if they choose, apply in writing to RIA asking to be re-accommodated.

The Deputy will also be aware that in early 2017, the remit of both the Ombudsman and the Ombudsman for Children was extended to residents in accommodation centres under contract to my Department.

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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552. To ask the Tánaiste and Minister for Justice and Equality his views on whether the eviction of a person (details supplied) from their accommodation in Knocklasheen direct provision centre in November 2017 was the result of a fair process in view of the lack of notice, an ability to contest evidence and to appeal the decision; and if he will make a statement on the matter. [55199/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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The Reception and Integration Agency (RIA) of my Department oversees the provision of accommodation for applicants for international protection while their application is being processed.

The Agency oversees the provision of accommodation for applicants for international protection while their application is being processed. Not every applicant takes up the offer of that accommodation and many chose not to do so. In addition some residents move out of that accommodation and live with friends or families. Part of the role of RIA and individual centre management is to ensure that those who request and are allocated accommodation within the RIA portfolio are using it on a consistent basis. This accommodation is provided to protection applicants on the understanding that they will be living there in the normal course.

Save in the most exceptional of circumstances for stated and repeated serious breaches of house rules and for the safety of other residents, no person has ever been evicted from any accommodation centre.

In the case raised by the Deputy, the RIA is satisfied that the person in question was not using the bedspace and accordingly decided to deem it to be abandoned and to allocate it to another protection applicant was correct.

The decision to deem that the bedspace was not being used was based on a number of facts. Centre management visited the residents room almost daily over a period of two weeks as they needed to discuss a service issue with him. It was clear that the bed had not been slept in and the room not used in that two week period. In addition, he was not seen onsite. RIA staff were in the centre on four occasions around this time and on none of these occasions was the person there. As per the procedures, the resident was issued with a warning letter which in turn was followed up by a letter stating that the bedspace was deemed abandoned by the resident in this case.

The Deputy will appreciate that in the context of the current pressures facing RIA, they must ensure that if accommodation is not being used consistently then it must be re-allocated to persons in greater need of that accommodation.

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