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Anti-Racism Measures.

Dáil Éireann Debate, Wednesday - 26 January 2005

Wednesday, 26 January 2005

Questions (675)

Joe Costello

Question:

734 Mr. Costello asked the Minister for Justice, Equality and Law Reform his views on the findings of the non-governmental organisation response to the Government’s first report on the UN Convention on the Elimination of Racial Discrimination in which Amnesty International, the Irish Council for Civil Liberties and the Irish Bishops’ Conference asserted that the Government’s policies and ministerial statements have acted to increase racism; and if he will make a statement on the matter. [1245/05]

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Written answers

Ireland ratified the UN Convention on the Elimination of all forms of Racial Discrimination, CERD, on 29 December 2000 and the convention entered into force here on 28 January 2001. In line with Article 9 of the Convention, Ireland submitted its first report, which covers the legislative, judicial, administrative and other measures adopted to give effect to the provisions of the Convention, to the UN early in 2004. In accordance with established practice, Ireland's report was drawn up after widespread consultation with the NGO community.

On 2 and 3 of March next, an Irish delegation, led by Minister of State, Deputy Frank Fahey, will be present at the UN in Geneva for a dialogue with the CERD committee on Ireland's first report and on our implementation of the Convention. I understand that the CERD committee procedures allow for civil society groups to submit "shadow" reports in advance of this dialogue which comment on the report of the state party. It is in this context that the NGO alliance have submitted its report. I will make funds available to assist a number of NGOs with their travel costs to attend the session, as observers, in Geneva.

As to the specific criticisms referred to by the Deputy, I cannot agree with them. It is has always been both my and the Government's position that combating racism and accommodating diversity are key priorities of the Government. Tomorrow, along with the Taoiseach and the Minister of State, Deputy Frank Fahey, I will launch the national action plan against racism, NPAR, a commitment which arises from the World Conference Against Racism in South Africa in 2001 and which was reaffirmed in Sustaining Progress. A lengthy consultation phase involving Departments, social partners and NGOs preceded the drafting of the NPAR.

The Deputy will be aware that the recent Know Racism programme completed its three year programme at the end of 2003. Some €4.3 million was spent under the programme including €1.3 million in grants to 450 successful projects involving community groups and organisations for the development of local anti-racism initiatives. The Know Racism programme has been evaluated and the lessons learnt will be incorporated into the national action plan against racism. To assist continuity, an 'end of term report' for Know Racism and an independent evaluation, carried out by Ms Siobhan Lynam, will be published in the same volume as the plan.

There are other developments in Government policy which I would like to draw to the attention of the Deputy. Ireland has one of the most comprehensive anti-discrimination codes in Europe. Discrimination and harassment in relation to and within employment on nine grounds including race, religion and membership of the Traveller community are outlawed by the Employment Equality Act 1998. Discrimination and harassment on the same grounds in the supply of goods or services, education or accommodation are prohibited by the Equal Status Act 2000. Independent and effective bodies in the Equality Authority and Equality Tribunal ensure effective implementation of our anti-discrimination code. The infrastructure is there and I would urge people to use it.

The Garda Síochána has established a racial and intercultural office responsible for co-ordinating, monitoring and advising on all aspects of policing in the area of racial, ethnic and cultural diversity. The office is a point of contact for a wide range of groups and agencies that represent ethnic communities.

Furthermore, this Government established the Human Rights Commission in 2001. The commission, as the Deputy is well aware is an independent statutory body charged with the task of keeping under review the adequacy and effectiveness of our laws in relation to the protection of human rights in their widest sense.

The NGO report, referred to by the Deputy, makes a number of comments on the asylum determination process and on services available to asylum seekers. I cannot support the general thrust of the report on the issue of asylum which fails to take account of the significant developments which have taken place in this policy area in recent years. This is illustrated by the fact, in particular, that processing of applications is moving more strongly with waiting times for decisions being reduced to months. In addition, the number of applications in the asylum system has been reduced substantially from some 6,500 in September 2001 to some 1,000 at the end of December 2004.

In 2005 my Department alone will provide some €125 million for asylum and integration services including some €71 million for provision of accommodation. In 2003 some €353 million was spent across Government Departments on services to asylum seekers and related immigration functions.

As the Deputy is aware, processing is undertaken by independent statutory agencies, namely, the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which are highly resourced and experienced in dealing with cases including those in respect of vulnerable groups. Comprehensive legal advice services are provided by the State funded refugee legal service at all stages of the asylum process. After a fair, transparent and independent asylum determination process — which compares with the best in the world — the fact is, that in the region of 90% of applicants are found not to be refugees.

In relation to services for asylum seekers the Reception and Integration Agency, RIA, is responsible for the accommodation of asylum seekers in direct provision. The system of direct provision was put in place to ensure that the basic needs of asylum seekers, including food and shelter were met. The agency strives to ensure a high standard of accommodation, food and ancillary services to asylum seekers at each centre. All centres are inspected on a regular basis both by staff of the agency and by an independent contractor which specialises in accommodation standards in the tourism sector. Asylum seekers are provided with health care, including mental health services, on the same basis as the indigenous population.

The Eastern Regional Health Authority, now subsumed into the Health Service Executive, published the regional health strategy for ethnic minorities in 2004. While specific health needs should be addressed in line with the actions proposed in the strategy, I welcome the 'priority service issue recommendations' which include the provision of cultural awareness and anti-discrimination training for staff in the health services.

I have pointed out on a number of occasions that it is not intended to provide asylum seekers with access to employment which, in any event, is prohibited by the Refugee Act 1996. Such a change in policy would undoubtedly increase asylum applications and undermine all legislative changes and progress in processing times achieved to date and which I have referred to previously in my reply.

On the issue of immigration, also raised in the NGO alliance's response, it is a fact that over recent years this State has operated what is probably the most open system of legal migration in Europe and beyond. The valuable contribution which the many thousands of legal migrants are making to our economy and our society is fully recognised. However, we cannot ignore the abuses of our immigration system which occur because a minority of people choose not to use our legal migration routes but rather attempt to enter the State illegally. As I have said in this House, I am working on proposals for a comprehensive immigration and residence Bill which will provide a fair and sensible legislative framework for dealing with all aspects of the entry and stay in the State of non-nationals, whether as long-term migrants who wish to establish themselves and their families here in employment or enterprise, or as temporary visitors for work, study or recreational purposes.

As regards the NGO alliance's comments on the citizenship referendum, the overwhelming decision of the people in that referendum clearly reaffirmed the Government's view that it was a necessary step in order to address an abuse of our citizenship laws by persons with no link to the State seeking to establish an entitlement to residence by the act of giving birth on the island of Ireland.

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