Dáil Éireann debate -
Tuesday, 15 Dec 1998

Vol. 498 No. 4

Written Answers. - Refugee Act, 1996.

Jan O'Sullivan

Question:

380 Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform when he will implement the Refugee Act, 1996; when he will implement the section of the Act which refers to legal advice and representation for asylum seekers; and if he will make a statement on the matter. [27497/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

As I have indicated to this House on several occasions, I am of the view that the Refugee Act in its present form is unworkable for a number of reasons.

The Act and its procedures were designed to process approximately 300 to 400 applications per year. However, we have experienced an enormous growth in the number of asylum seekers with over 4,000 applications recorded so far this year — the Act only provided for the appointment of one refugee applications commissioner and one appeal board with no powers of delegation.

It is intended to review the question of the implementation of the Refugee Act in the light of a comparative study between Irish and EU member states refugee legislation which has been commissioned and is due to be completed by the end of the year and having regard to the experience gained in the Department in the operation of the current refugee determination procedures.

As I have recently announced, agreement has been reached with the Legal Aid Board on arrangements for the provision of a comprehensive legal service for asylum seekers. The Refugee Legal Service will be independent of the Department and will provide legal advice and representaton for asylum seekers. It will assist asylum seekers in exercising their legal rights in all aspects of the Irish asylum procedure.

There is no requirement in the Refugee Act, 1996 to provide legal advice and representation for asylum seekers. The Refugee Act section 11, subsection (8) merely provides that an applicant may consult a solicitor. However, pending the introduction of a comprehensive scheme, my Department currently provides £120 (plus VAT) per case in legal aid for asylum seekers to present their cases to the Appeals Authority. The amount is paid to the legal representatives, who are engaged independently by asylum seekers, on certification by the Appeals Authority that the representatives have acted in the case. The fee of £120 is the same as that paid by the Legal Aid Board under its private practitioners' scheme for legal services provided for certain District Court family law cases.