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Seanad Éireann debate -
Thursday, 20 Sep 2012

Vol. 217 No. 2

Adjournment Matters

Asylum Seeker Accommodation

I welcome the Minister of State, Deputy Fergus O'Dowd. Our two visitors from County Galway are also very welcome.

Ba mhaith liom fáilte a chur roimh an Aire Stáit arís. Is breá an rud é go bhfuilimid in ann bheith ag Gaeilgeoireacht linn féin arís. Is mian liom fáilte a chur roimh an bheirt atá sa Ghailearaí romham. Tá siad ina gcónaí in ionad dídine Lisbrook i nGaillimh - ionad cóiríochta díreach, mar a deirtear. I welcome my guests from the Lisbrook direct provision centre.

I have raised the question of direct provision because I know that when the Labour Party and Fine Gael were in opposition, they were strongly opposed to the direct provision model, which is very inhumane. Some of these centres have been described as being like open prisons. Those seeking asylum in Ireland are brought to these centres and kept in difficult circumstances. In some cases, there are six people sleeping in one room. It is unsatisfactory that people can be moved with one or two days notice. The residents of these centres do not have access to their native foods and have to eat when they are told to eat. They face difficulties if they wish to go away for a day or two to visit another part of the country. It is very difficult for them to do this. Those in direct provision centres are not satisfied with the length of time it takes to process their applications for citizenship or naturalisation in Ireland.

Members of the Oireachtas were given a presentation today on behalf of those in the Lisbrook centre in Galway. They have been told that the centre is to close down and were given a few days notice. Up to 100 children are staying in the centre and they have just started the new school year. They have new bags and books and gone back to meet their friends. They have integrated into the local community, but they no longer know where they will be next week or the week after. It is a very difficult situation for them and they are not alone in this regard. People in all of the other centres are in a similar position.

I recognise that the Minister for Justice and Equality, Deputy Alan Shatter, is moving through the processing of applications more quickly then previous Ministers. Although I appreciate this, we still need to do more because the direct provision model is an awful one. We should be ashamed of ourselves for putting it in place. It has involved the privatisation of a system that should never have been privatised. If our citizens were looking for asylum or citizenship in another country and placed in a similar system, there would be a national outcry.

I am very concerned about this issue. When it was proposed to close the direct provision centre at Mosney, the Minister, who was then an Opposition Deputy, actively engaged in the case and fought to keep the centre open and improve standards. Many Labour Party members were also highly critical of the system while in opposition. Having been in power for 18 months, I hope the Government will provide a positive response in which it will agree to change or, I hope, abolish the system of direct provision in order that people who come to Ireland and have a genuine case for asylum are dealt with speedily and fairly. They must be given permission to work and access education and social services while they await adjudication of their cases. Many asylum seekers are fantastic people with a good education who have come here having experienced very difficult circumstances. We should not make life more difficult for them.

Tá má ag tógáil an rúin seo thar cheann an Aire, an Teachta Shatter, atá as láthair inniu. Cuirim fáilte roimh mo chairde atá anseo ó Chontae na Gaillimhe.

The Reception and Integration Agency of the Department of Justice and Equality is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision. The State provides levels of support, in addition to full board accommodation, for asylum seekers, with all costs covered and no costs charged to the asylum seekers. Asylum seekers avail of free primary and post-primary education on the same basis as any other child in the State. They qualify for medical cards and avail of a wide range of supports such as public health nurse, adult English language supports and assistance from community welfare services to allow children to engage in activities and events within schools and through extracurricular activities and sports clubs. Taking this broad range of supports and services into consideration, it cannot be said asylum seekers and their children are not very well supported by the State.

Attention has, once again, been drawn to the direct provision system following on from the recently published report of the Irish Refugee Council entitled, State Sanctioned Child Poverty and Exclusion. I reiterate the point made in the Dáil debate on the report yesterday in response to the suggestion therein that there is widespread State sponsored neglect of the needs of asylum seekers' children. That this is the case seems unlikely. Any suggestion children are malnourished or that there is inadequate provision of food would be regarded with the utmost gravity and, potentially, lead to contract terminations with immediate effect.

The Minister is satisfied that the treatment of asylum seekers in this country is at least on a par with that in any other country and that the direct provision system delivers a high standard of service and value for money to the taxpayer through co-ordinated service delivery to asylum seekers. Notwithstanding this and in the light of the seriousness of the suggestion in the Irish Refugee Council's report, the Minister has directed that it be comprehensively examined and any issues arising addressed. In particular, he has directed that issues relating to child welfare be dealt with without delay.

The Reception and Integration Agency sets out standards of service in its contracts, including legislative standards, and engages internal and expert external inspectors to review its accommodation standards. It also engages independent external assessors with expertise in fire safety and food preparation to conduct comprehensive unannounced inspections of all centres at least once a year. The inspectors examine all aspects of the accommodation centre in relation to the proprietor's obligations under the contract. Combined inspections, information clinics and other visits ensure the regular monitoring of all centres throughout the year. Accordingly, it is difficult to see how the types of issues highlighted in the Irish Refugee Council's report could not have come to the attention of the Reception and Integration Agency and its external assessors.

The safety of all asylum seekers, especially children, is of critical importance. All complaints concerning the safety of residents are taken very seriously by the Reception and Integration Agency and centre managers. The Reception and Integration Agency's child protection policy ensures child welfare concerns are referred to the Health Service Executive and the Garda.

A full review of direct provision was conducted and published in 2010 in the form of a value for money report. The review examined the effectiveness and efficiency of the system. There are no cheaper alternatives to the direct provision system. If we were operating a system which facilitated asylum seekers in living independent lives in individual housing with social welfare support and payments, the cost to the Exchequer would be double what is currently paid under the direct provision system, even if one were to discount the additional "pull factor" this would entail. This was a key finding in the value for money report on the direct provision system, a copy of which is in the Oireachtas Library.

While the operation of the direct provision system is constantly monitored and kept under continuous review in the Department, the Minister has no plans to change the direct provision policy at this time. The policy of direct provision and dispersal is one of the central features of the State's asylum system and the need for the system remains.

Caithfidh mé a rá go bhfuil an-díomá orm leis an bhfreagra. Is dóigh liom go bhfuil U-turn iomlán déanta ag an Aire ar an seasamh a bhí aige sular toghadh é an bhliain seo caite. Bhí sé an-cháinteach faoin gcóras ag an am sin - bhí sé ag rá a mhalairt de rudaí agus atá á rá anois.

While in opposition, the Minister, Deputy Alan Shatter, expressed views diametrically opposed to the statement made by the Minister of State. We have had a complete U-turn and whitewash. Serious problems arise in the direct provision system. From the limited access I have been able to secure to direct provision centres, I have noted that specific serious issues arise in them. I ask the Minister of State to refer to the Minister my request for a full debate on this matter, either in the Seanad or one of the committees. I also ask that Oireachtas Members be granted access to some of the direct provision centres, not by means of prearranged appointments but to pay lightning visits in order that we can determine what is taking place in them. We need a full, frank and open debate on the flawed and inhumane system of direct provision which needs to be dismantled.

As someone who stands over the report of the Irish Refugee Council, I find the statement issued by the Minister objectionable. I invite him to accompany Members on a visit to some of the direct provision centres to see the appalling treatment in them.

I take note of the comments of the Senators. In case they missed it in my statement, I will repeat the following commitment given by the Minister:

... in the light of the seriousness of the suggestion in the Irish Refugee Council's report, the Minister has directed that it be comprehensively examined and any issues arising addressed. In particular, he has directed that issues relating child to welfare be dealt with without delay.

I am assured that the Minister is examining the report in full.

As regards holding a debate in the Oireachtas, that is a matter for the Whips. I do not see any reason such a debate would not take place. I will be happy to pass on to the Minister the Senators' views on visits to direct provision centres. While this is clearly not a matter for which I have responsibility, it would be good if people visited the centres, although the hours of visitation are a different matter. It is clear from the Minister's response that unannounced visits take place. I presume the reports on such visits are available and should help to inform debate on this issue.

Unfinished Housing Developments

I welcome the Minister of State to the Chamber and I am pleased to note a fellow Louth person will take this debate which relates to the appalling living conditions being endured by two families on a ghost estate known as Carlinn Hall in Dundalk. I will briefly explain the position of the families. They bought houses at opposite ends of the estate and out of sight of each other. This is important because it shows how isolated they are, living as they do at either end of an otherwise unoccupied estate. They informed me that they believed they were buying dream homes and put their life savings into them. The estate featured on a television programme which billed its homes as the houses of the future, with eco-friendly heating systems and every modern convenience. However, the developer went bankrupt before the estate was finished and it was taken over by the National Asset Management Agency which has since appointed receivers. By that stage, the two unfortunate families had already completed the sales and having invested considerable sums of money in their homes, they had no alternative but to move into them.

They had put all their savings into their houses and had no alternative but to go ahead and move in.

Since then both families have had and continue to have serious problems with basic utilities which, in 2012, I find very hard to believe. They have enormous problems with sewerage, heating, street lighting and the general safety because of the unfinished houses. After four years of living there, the whole affair has taken its toll on them in many different ways. Now they are in a position where the receivers, on behalf of NAMA, have said that while they sympathised with the families, they are have no responsibilities regarding the management or maintenance of the sewerage, heating or safety in the estate. I will quote from correspondence received by the families:

NAMA does not hold a charge over 4 Carlinn Hall or 26 Carlinn Court and, as such, they fall outside of the remit of the receivership and, as such, the receiver is not authorised to deal with either of the properties. While the receiver sympathises with the position of the owners of the properties, any defects affecting these properties are not the responsibility of NAMA or the receiver.

I have visited both homes on the estate and have met two very broken families, who went in there full of hope and goodwill. They are paying their mortgages and continuing to keep to their side of the bargain but they are almost at their wits' end. In one of the families there are two children aged six and four who are unable to play outside their own home because there is an open gap leading to an open, derelict site. Directly to the side of the houses, the so-called state-of-the-art, high-tech, eco-friendly wood chip burner was installed to provide heat and hot water. However, the families report that they have been unable to take a bath in over three years as the bath must be filled by a mere trickle of water. I have seen the burner and in terms of safety, it is grossly unsuitable. As a result, the heating breaks down regularly. That is not a major problem in the summer but as winter draws in, they are living in dread.

The owner of one of the houses showed me the carpet in one of his children's bedroom. It froze solid and crystals formed on its surface during the cold spell two years ago. That same owner can put his hand through a hole in the wall of the attic and reach into the unoccupied shell of the house next door. In reality, he has only a three-walled house as the wall adjoining the house next door is merely plasterboard. It is not insulated which means that all of the heat escapes into the adjoining house and the family has to rely on electric heaters during the winter. Both families have also been plagued by mice.

There is no on-street lighting which, in an unfinished estate like this, means it is very dark at night. On the afternoon that I visited, the owners reported to me that the gardaí had just left. They had been in the estate because there is constant theft going on, with people taking items from the unoccupied houses. There is also another estate directly across the road. As we all know, empty houses can lead to an increase in anti-social behaviour.

This is an enormous problem for people who paid large sums of money for these houses. The two families spent the last few years pleading for the unfinished section of the houses to be cordoned off but that was only completed after the tragic death of a young child on another unfinished estate in another part of the country. Neither house is directly connected to the sewerage system and this must addressed immediately. One of the families has to collect rainwater in order to flush out the system every few weeks. In 2012 that is totally unacceptable for people who have put their life's work into their home. Every man's home is his castle but that is certainly not the case here.

In the other home, the owner told me that he tried to plant a tree a number of years ago. He dug about six inches down, only to be met by sludge. Something must be done about this, from a health and safety point of view.

They are literally banging their heads off the wall because nothing has been done to date. I ask the Minister of State to outline what can be done for these families, who, through no fault of their own, have been left in these dreadful circumstances.

I thank the Senator for bringing this matter before the House. I am appalled by the litany of problems she has outlined and by the fact that families are living in such conditions.

I am taking this debate on behalf of the Minister for Finance and would be happy to bring what the Senator has said to his direct, personal attention.

The Minister has been informed by NAMA that the receiver, Farrell Grant Sparks, is in control of this development. NAMA approved the funding of remediation work on this development and the receiver notified it that the works were completed in mid-February 2012. The development is being marketed for sale by Sherry Fitzgerald Carroll.

The Senator may be aware that following publication of the report of the advisory committee on unfinished housing developments in June 2011, the Minister of State at the Department of the Environment, Community and Local Government with responsibility for housing, Deputy Jan O' Sullivan, established a national co-ordinating committee to oversee planning and implementation of remediation programmes in respect of unfinished estates. NAMA is represented on this commission and is proactively engaged in policy processes aimed at the resolution of the problem.

I am advised by NAMA that of the 243 estates categorised by local authorities as the most problematic from a public safety perspective, namely, category four estates, 29 or 12% are controlled by NAMA debtors or receivers. NAMA is funding out of its own resources, through its debtors and receivers, the cost of urgent remediation work, estimated at €3 million, and significant progress is being made.

I am also advised that attention is now focusing on 1,500 category three estates, which are considered to be the next most problematic from a public safety perspective. A total of 150, or 10%, of these estates are linked to NAMA debtors. Work is at an advanced stage in terms of identifying the remedial action necessary for each site, as well as agreeing plans and timetables for optimum site resolution.

I am very disappointed with that answer. I have met the people concerned and seen the suffering they are going through. They paid huge sums of money for these houses. NAMA has said that the receiver notified it that the works were completed in mid-February but I visited the site last Friday and saw how one house is connected to another via a plasterboard wall that is not insulated.

I want to know what can be done for these families. They want NAMA, the receiver or somebody to talk to them and tell them what can be done for them. Apart from any other considerations, from a health and safety point of view the situation is totally unsatisfactory and something must be done urgently.

I agree with the Senator. These houses are in my constituency and I would be very happy to follow up on the matter with the Senator. The first step might be to arrange a meeting with the receivers and with NAMA to go through the issues. NAMA has stated that it was informed that the works were completed but clearly, there is work that was not done. That is the most practical suggestion I can make. I take on board fully the appalling conditions that the Senator has outlined and I agree that it is absolutely unacceptable. I will be happy to bring this to the attention of the Minister and my feelings on the matter are exactly the same as the Senator's. We must find a solution to this problem urgently.

The Seanad adjourned at 4 p.m. until 2.30 p.m. on Tuesday, 25 September 2012.
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