Dáil Éireann Debate, Wednesday - 25 September 2013
22. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the revised procedures for the determination of applications to the Irish Naturalisation and Immigration Service for subsidiary protection have been approved; and if these procedures have not yet been approved, when it is expected that the new system will be in place to allow INIS to process such applications. [39614/13]
View answer30. Deputy Gerry Adams asked the Minister for Justice and Equality his plans to introduce an effective unified procedure as part of the planned changes to the assessment of subsidiary protection claims. [39769/13]
View answer31. Deputy Thomas Pringle asked the Minister for Justice and Equality if he will consider introducing legislation for a single procedure for the assessment of subsidiary protection that is separate to the Immigration, Residence and Protection Bill in order to improve this process without further delay; and if he will make a statement on the matter. [39857/13]
View answerI propose to take Questions Nos. 22, 30 and 31 together.
The legislative provisions to underpin the new system for determining applications for subsidiary protection are currently being finalised in my Department in cooperation with the Office of the Parliamentary Counsel to the Government. When these legislative provisions are settled, the intention is to bring the new applications processing arrangements into operation as soon as possible thereafter.
The new arrangements will introduce significant changes in the area of subsidiary protection applications processing, involving as they do, the transfer from my Department to the Office of the Refugee Applications Commissioner of responsibility for processing such applications at first instance, with the availability of an appeal to the Refugee Appeals Tribunal in respect of negative first instance decisions. As the Deputy is probably aware, both of these bodies are independent in the exercise of their statutory functions.
In contrast with the current system which is entirely paper based, the new arrangements will, among other things, provide for personal interviews at first instance with the Refugee Applications Commissioner and the right to an oral appeal to the Refugee Appeals Tribunal. These new arrangements will apply to cases currently on hand and to new subsidiary protection applications. All applicants will be notified of the new procedures and the arrangements for the processing of their applications. The Deputy will appreciate that the extent of the changes proposed, involving as they do, jurisdictional changes for the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, require detailed planning, human resources redistribution and training, if there is to be an effective and efficient implementation of the new arrangements.
Following on from the introduction of the new subsidiary protection system, the possibility of introducing a single protection procedure in advance of that proposed under the Immigration, Residence and Protection Bill will be kept under review.
