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Seanad Éireann debate -
Wednesday, 16 Oct 2013

Vol. 226 No. 12

Adjournment Matters

Syrian Conflict

I welcome the Minister of State at the Department of Foreign Affairs and Trade, Deputy Costello.

I thank the Minister of State for coming to the House. He is the right man in the right place at the right time. I spoke to the Tánaiste and Minister for Foreign Affairs and Trade on this issue recently and he told me I certainly would get a decent response. This request is somewhat unusual and is to ask the Tánaiste and Minister for Foreign Affairs and Trade whether the Government would facilitate short-term fostering of Syrian refugee children by Irish host families until the position in their homeland improves. Obviously, such an arrangement only would be considered where there is the consent of Syrian families and parents. I raise this issue because a number of families have approached me in this regard. They noted this crisis has gone on for too long, that more than 1 million children are refugees in or from Syria and that they are in dire straits. I thought this proposal from the aforementioned families was interesting and is akin to extending a humanitarian hand of friendship and stating that perhaps we could help. I spoke to the non-governmental organisations, NGOs, last week at a meeting of the Joint Committee on Foreign Affairs and Trade and before going through the facts and outlining my proposal, I am deeply conscious the aim always and ever should be to keep families together.

However, this proposal is only applicable to extreme circumstances, which I believe are now arising. Syrian refugees in Lebanon are becoming increasingly reliant on child labour to earn money for families which are now desperate to maintain basic necessities. For example, children are working as street vendors by selling food, toys or flowers and have become a common sight in Beirut. More than 2.1 million people are displaced at present, 1 million of whom are children. It is expected that more than 3 million Syrians will have left their country by the end of 2013 and women and children make up three quarters of the refugee population.

The vast majority of refugees are dependent on aid and arrive with little more than the clothes on their backs. Nearly all of them will have experienced trauma in the form of death in the family, physical violence, kidnapping and home destruction. I am concerned about the effect that has on children. As I have said, we now have children in child labour and as child soldiers. They have been inducted as child soldiers by some of the fundamentalist groups.

UNICEF has already termed the children as the "lost generation" who are displaced and living in makeshift shelters. They have little or no education and have little access to education. For example, the number of Syrian refugee children in Lebanese schools has risen from 1,500 to 30,000 in the space of one year, that is from 2011 to the beginning of 2012. Three out of four children who are of school age do not attend because they lack books or clothes, are afraid of being harassed by other children on the way to and from classes or because they do not see the point, as said in the UN report.

I could go on but instead shall give some background information. Ireland has a history of sheltering refugees. During the Second World War, 21 refugee children were brought to Ireland in 1946 from Germany, France and Austria as part of a Red Cross initiative known as Operation Shamrock. Last Saturday they were reunited at Glencree Centre as part of The Gathering 2013 and their reported effects of shelter were very good. One of the 21 refugee children attending the event said, "We were raised like we were their own, I have very happy memories of Ireland". This country has an excellent reputation in this regard. However, I do not liken short-term fostering, that might last anywhere between three months to a year or however long a crisis lasts, to adoption.

I shall outline my proposal in a nutshell. An agency like UNICEF or Médecins sans Frontières which works in an area could identify families who would like help and want to have their children fostered. Then the Defence Forces could deal with the logistics and transport the children to Ireland while the Department of Justice and Equality organises temporary visas. Of course such an initiative would draw on public services in both health and education. We could cap the number involved to say, for example, 500 children which is only a drop in the ocean when one considers the number of refugees in the world. Most of all, Ireland could play a leading role in promoting the measure as an EU initiative while at the same time send a message to the Syrian regime to sort out its conflict, which is key.

I am studying human rights law at the National University of Ireland, Galway, and the Syrian crisis has been examined as part of the course. There is a view that every crisis lasts a certain length of time but in the meantime Syrian children must face cold and very wet winters. The children who live in the mountains will experience extreme cold and many of them will not survive the winter, never mind their lost years of education, etc. Clearly there is a need for services here to be utilised. Some of the children will suffer difficulties such as sleep disturbance, speech problems and behavioural issues so there will be a draw on the HSE and school places. Do we say "No" because everything is a bit of a draw? It is worth examining the matter. The UN must change the way that it works because of the situation in the world today. My proposal is a humanitarian solution and will provide humanitarian assistance. I look forward to hearing what the Minister of State has to say about the matter.

As a matter of interest the UN has called the crisis in Syria the single most complex situation that it has ever come across and humanitarian corridors are not able to operate as they were designed to. There is no doubt that things are in a bad shape in Syria and my proposal is an interesting one to come from Irish families.

Earlier today I reported to the Oireachtas Joint Committee on Foreign Affairs and Trade on my visit to the Middle East last week. I saw at first hand the plight of the Syrian refugee population in Lebanon. The humanitarian catastrophe that has hit the Syrian population is indescribable in its scale and its atrocity. The mere figures of well over 100,000 dead, 4.25 million internally displaced people and 2.1 million refugees, almost a third of Syria's pre-war population, give scant indication of the devastation that the appalling conflict has wrought on Syria and its people. Terrible crimes are committed incessantly against a civilian population in the conflict.

Children are especially badly affected by the conflict. More than a million refugees are children, 70% of whom are without access to education. More than 2.25 million children inside Syria are without schools and over 4.5 million Syrian children are victims of the war.

Ireland has contributed almost €14 million in humanitarian assistance to the victims of this conflict as well as a commitment of €200,000 to the Organisation for the Prohibition of Chemical Weapons' effort to eliminate Syrian chemical weapons. We remain committed to working for peace in Syria and are supportive of the international efforts to resume peace negotiations, that were endorsed under Security Council Resolution 2118 on 28 September. The UN Secretary-General has called for a conference to be held in mid-November and we appeal to all parties to the conflict to participate sincerely in an effort to bring an end to the tragedy.

Ireland has contributed heavily to the humanitarian relief of the Syrian refugee population, much of it specifically assisting refugees. Clearly, the vast majority of this assistance is delivered to the populations in neighbouring countries where the refugee population is concentrated. It is clearly the case that the resources made available by the State can assist a far greater number of refugees in the Middle East than could be assisted by the same resources in Ireland.

We have also supported a smaller number of Syrian refugees and asylum seekers in Ireland. This country joined the UNHCR-led Resettlement Programme following a Government decision in November 1998. Since 2000, 1,066 refugees from 29 different countries have been resettled in Ireland under the programme. The focus of the programme for the remainder of this year and next year is very firmly fixed on persons displaced by the conflict in Syria.

In 2013, 91 persons will be admitted to Ireland as programme refugees from places such as Somalia and the Democratic Republic of the Congo where the conflicts are ongoing since the mid-90s. Four persons, a medical case and immediate family members, were also admitted in July from Syria and a further 31 persons displaced by the Syrian conflict will also arrive in Ireland in the near future for permanent resettlement under the 2013 resettlement programme. Ireland has offered 90 places for persons displaced by the Syrian conflict in 2014.

The HSE provides care for separated children seeking asylum in Ireland, of whom there are under 100 in total from all countries. Foster care is arranged by the HSE for such cases where appropriate homes can be found. At present the HSE has no separated Syrian children in its care. However, in cases where Syrian children apply to Ireland they will be treated with full sympathy and consideration.

It is also possible for private charitable organisations to arrange foster care for Syrian children, along the lines of the laudable efforts that Irish families have made to welcome and care for children from the areas affected by the Chernobyl disaster. There are specific measures set out under Irish law to enable and support private organisations to provide short-term foster care.

I can assure the Seanad that every effort to assist any Syrian children who seek refuge here from the terrible war raging across their country will be made by Irish authorities.

Does Senator Healy Eames have a question for the Minister of State?

Yes. Is the Minister of State saying that he will look on the matter favourably? Will there be a whole of Government response? I have interpreted his comments as being positive. Is he saying that my proposal is a good idea?

I am saying that we have a resettlement programme that we negotiated with the United Nations. That programme enables us to take refugees on an annual basis. Already, in the latter half of this year, we will take Syrian refugees exclusively and 2014 will be devoted exclusively to Syrian refugees. At present we are talking in the region of between 25 to 30 refugees this year and 90 or thereabouts next year.

The Senator raised the issue of taking children on a temporary basis. If we were to do so then it would be a matter for the Department of Justice and Equality to decide whether to extend the current programme.

Only yesterday I think there was a debate in the European Union on the whole area of resettlement and it transpired that 12 countries in the EU are taking refugees for resettlement.

Is that whole families?

It could be individuals or whole families, but not children specifically. I am not aware of any programme specifically geared towards taking children on their own. I understand what the Senator said in that children are the most vulnerable and need education. Many children are not getting that education in the Syrian context, so it is a very serious matter. The message I got from the Lebanese people and political leaders when I was there last week was that they want not only humanitarian aid to be made available to the refugees or displaced persons but that countries get resources to allow them to maintain their services, to provide educational facilities for children coming in and to provide other services which might be needed. That would probably be a better approach to ensure the host countries in the surrounding area have the necessary resources to provide those educational services. It is a matter which should be looked at but currently there is much flux in regard to the resettlement programmes.

If one was to pursue it, would it be with the Department Justice and Equality?

The Minister of State has given a good response.

I am just looking for advice.

My advice would be that the Department of Justice and Equality would be the next port of call.

I thank the Minister of State and the Cathaoirleach.

Non-Principal Private Residence Charge Exemptions

I welcome the Minister, Deputy Hogan. This is a fairly specific issue in regard to councils issuing certificates of discharge and exemption so that people have certainty as to whether liability arises for non-principal private residences, in particular derelict properties. Local authorities will issue a certificate when a sale goes through. However, people might believe they are exempt but the council could take an alternate view. As the Minister is well aware, there are severe penalties for people who do not pay the non-principal private residence charge.

I know the charge is being removed but if one has not paid it over the past number of years, it adds up every month. If people sell properties in ten years time in the belief that they are exempt, there is no way for them to be certain unless they sell the property by which time it is far too late if the council is of the view that they are liable for the charge.

The Local Government (Charges) Act 2009 broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The charge was set at €200 and liability for it has fallen, in the main, on owners of rental, holiday and vacant properties. The charge has operated on a self-assessment basis and 2013 is the final year of operation of the charge.

The 2009 Act places the charge under the care and management of the local authorities and application in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation may be a matter for legal advice in individual cases and, ultimately, may be a matter to be decided by the courts.

Under the 2009 Act, as amended, "residential property" is defined as a "building that is situated in the State and that is occupied, or suitable for occupation, as a separate dwelling". As such, a property which is not suitable for occupation does not fall within the definition of residential property and is not, therefore, liable for the charge. There are a number of indicators as to what makes a property suitable for occupation for the purposes of determining liability to the charge. The indicators include the structure of the property, whether it has a roof, whether it is so affected by dampness as to render it unsuitable for habitation and whether it has sanitary facilities, including a water closet and water supply.

It should be noted that certificates of exemption and certificates of discharge are issued solely in respect of residential properties, as defined by the Act. Therefore, a local authority is not in a position to issue a certificate of discharge in respect of a property which is derelict such that it is deemed to be uninhabitable on a given liability date for the charge.

If there is uncertainty as to the potential liability of a property to the charge, the owner is advised to contact the relevant local authority to determine liability. Naturally, if informed by an owner that an otherwise liable property has been uninhabitable, a local authority should require evidence demonstrating the condition of the property on the relevant liability dates for the charge. If a local authority is satisfied that a property was uninhabitable, it is open to that local authority to provide written confirmation to the property's owner stating that no non-principal private residence charge liability is outstanding in connection with that property.

I trust that clarifies the situation. I do not know of the individual case to which Senator Daly is referring but he might want to enlist my support in having a look at it.

The Minister's support would be more than welcome in the particular issue. I am sure he would be able to persuade the local authority in Kerry to issue the certificates. I understand there is no reason it cannot do so in advance of a sale. If someone looks for an exemption, the local authority should be able to issue a certificate regardless of whether the property is sold. Is that the Minister's reading of the legislation?

Maybe the Senator will send me the details.

I thank the Minister.

The Seanad adjourned at 6.50 p.m. until 10.30 a.m. on Thursday, 17 October 2013.
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