Written Answers Nos. 44-48
44. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has received a submission from an organisation (details supplied) in relation to the Stardust disaster of 1981 in which 48 young lives were tragically lost; his views on the submission; his views on whether any evidence from the 1982 Keane Tribunal Report was subsequently withdrawn before the 2009 Coffey Report; and if he will make a statement on the matter. [11422/13]
View answerMy Department has received correspondence on behalf of a number of the families in question in which a range of issues are raised and in connection with which the Department has been put on notice of the possibility of legal proceedings. My Department has recently responded to this correspondence to the effect that it does not accept the conclusions arrived at in the correspondence and that any proceedings along the lines referred to will be defended.
46. Deputy Brian Stanley asked the Minister for Justice and Equality the date on which he will publish the Immigration, Residence and Protection Bill; and if it will contain a single determination procedure, long-term residence status as well as procedures for the registration of non-Irish national minors under 16. [11552/13]
View answerWork on the details of the Immigration, Residence and Protection Bill 2010 is ongoing at my Department pursuant to current Government policy which is committed, under the Programme for National Recovery, to "introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way". The Bill provides, inter alia, for the introduction of a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State. This and the other aspects of the Bill raised by the Deputy are among those to which we are giving detailed consideration at this time, including in conjunction with the Offices of the Attorney General and of Parliamentary Counsel.
As I have outlined previously to the Joint Committee on Justice, Equality and Defence, several hundred amendments to the Bill are anticipated, the majority of a technical nature. I also expressed the considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the 2010 Bill, it would be much more efficient to publish a new and enhanced text. Such an approach can incorporate the many anticipated amendments while addressing key outstanding issues, several of which have been of concern to Members including those being raised by the Deputy on this occasion. This proposition was broadly welcomed by the joint committee. Work on the Bill continues on that basis while taking account of any intervening matters of relevance such as decisions by the courts. It remains my objective under this new approach, and mindful of our having to deal with the competing legislative demands of our EU/IMF/ECB Programme commitments, to be in a position to bring a revised Bill to the Government for approval and publication later this year.
48. Deputy Gerry Adams asked the Minister for Justice and Equality if his attention has been drawn to the Fourth Monitoring Report of the European Commission against Racism and Intolerance in Ireland which found that the direct provision accommodation system for asylum seekers is unsuitable for lengthy periods of stay and has a negative impact on family life; and his plans to change this system. [11549/13]
View answerThe Reception and Integration Agency (RIA), a functional unit of the Irish Naturalisation and Immigration Service of my Department, is responsible for the accommodation of persons while their applications for international protection are being processed. As of 17 February 2013, there are 4,819 residents in 35 direct provision accommodation centres contracted to the RIA throughout the State. I am aware of the recommendations made in relation to the direct provision system in the fourth monitoring report of the European Commission against Racism and Intolerance on Ireland which was published on 19 February 2013. I have explained in detail in response to previous Dáil Questions the reasons the direct provision system was introduced in 1999 when the structures in place were entirely unsuited to the situation then pertaining. A new system was necessary to prevent widespread homelessness among asylum seekers. I have also explained that residents and their children have the same medical and educational entitlements as Irish citizens and, as well as their full board costs being met, can apply to Community Welfare Officers for assistance to meet a particular once-off need by way of an exceptional needs payment under the Supplementary Welfare Allowance scheme. The system remains a necessary feature of the State's asylum and immigration system. I acknowledge that the length of time spent in the direct provision system is an issue to be addressed.
On the matter of application processing times and consequent length of time spent in the direct provision system, some cases can take significantly longer to complete owing to, for example, delays arising from medical issues or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996. High-quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process. For the sake of completeness, it is necessary to point out that people who are refused a declaration under section 17 of the Refugee Act 1996, as amended, enter what is commonly referred to as the “leave to remain” process which generally has two elements to it: an application for subsidiary protection and further consideration to be given under section 3 of the Immigration Act 1999, as amended. This is separate from the asylum or refugee status determination process. The processing of cases at this point is also complex and extremely resource-intensive. There are no quick or easy decisions to make. Given the life-changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention.
I have taken steps to speed up the processing of applications, primarily by redeploying staff from the refugee determination bodies. The Immigration, Residence and Protection Bill 2010, which I intend to republish, provides for the introduction of a single procedure to determine applications for protection and other reasons to remain in the State. This should substantially simplify and streamline the existing arrangements. This reorganisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their applications in a more straightforward and timely fashion. Further, I recently approved an initiative to put in place a panel of people with legal expertise who will assist the Irish Naturalisation and Immigration Service in processing a cohort of repatriation cases, thereby speeding up the overall process and reducing the time spent by persons in the direct provision system. I would expect to see significant dividends, in terms of cases finalised, from this initiative in the coming months.
