Dáil Éireann Debate, Wednesday - 30 April 2014
593. Deputy Michael McCarthy asked the Minister for Justice and Equality the reason Ireland is not complying with the EU reception directive which provides for minimum conditions for asylum seekers, including the opportunity to work and be self-sufficient if their application is delayed through no fault of their own; and if he will make a statement on the matter. [19472/14]
View answer594. Deputy Michael McCarthy asked the Minister for Justice and Equality if he will address the gross inequality of treatment of asylum seekers in the context of direct provision; the reason Ireland has opted out of participating in the revised EU laws which form part of the common european asylum system which ensure the consistent and equitable treatment of asylum seekers, consequently placing Irish immigration laws out of line with that of other European countries; and if he will make a statement on the matter. [19473/14]
View answerI propose to take Questions Nos. 593 and 594 together.
In June 2013 the Council of the European Union and the European Parliament adopted measures to complete the Common European Asylum System. This included recasts of the Directives dealing with Reception Conditions, Procedures and Qualification. These measures are subject to the provisions of the EU Treaty Protocol on the position of the UK and Ireland in respect of the area of freedom, security and justice. The Protocol provides that Ireland shall not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union, but does allow for Ireland to exercise an option to accept such measures. Ireland does not participate in the 2003 Reception Conditions Directive or its 2013 recast. Ireland does participate in the 2004 Qualification Directive and the 2005 Procedures Directive, but not in the recast of either of these measures.
With regard to the Reception Conditions Directive, the principal reason for Ireland's position is the provisions of Article 11 of the 2003 Directive which deals with access to the labour market for asylum seekers. Article 11 provides that if a decision at first instance has not been taken within one year of the presentation of an application for asylum, and this delay cannot be attributed to the applicant, Member States shall decide the conditions for granting access to the labour market for the applicant.
This is contrary to the existing statutory position in Ireland which provides that an asylum seeker shall not seek or enter employment. Any change in public policy in this area would have to have regard to the very large numbers of people unemployed in this country.
With regard to the recast of the Procedures Directive, the decision not to participate was informed by the fact that, had we decided to opt in to the proposal to recast the Directive, we could have faced the very real possibility of being bound by an outcome which would have been contrary to our fundamental interests in relation to the national asylum system. In this regard, the following elements of the recast Procedures Directive were identified as being particularly problematic aspects for the national asylum system, at the time.
Article 20 of the 2005 Procedures Directive, which Ireland participates in, provides for the procedure in the case of implicit withdrawal or abandonment of the application. At present, the Article provides that such an application be subject to a decision to discontinue the examination or to reject the application on the basis that the applicant has not established an entitlement to refugee status. It is the latter option which is applied under the Irish system, with a recommendation that the Minister refuse to give the applicant a declaration that he or she is a refugee and with no appeal to the Refugee Appeals Tribunal. In the 2013 recast Procedures Directive Member States are required to ensure that an applicant who reports again to the competent authority is entitled to request that his or her case be reopened or to make a new application.
Article 23 of the 2005 Procedures Directive obliges Member States to ensure that the examination procedure is concluded as soon as possible. In the 2013 recast Procedures Directive Member States are required to ensure that the examination procedure is concluded within six months of the lodging of the application, with a possible extension of time in certain circumstances. This requirement could impose additional burdens on the national asylum system if there were to be a large increase in the number of applications to be examined in the State.
With regard to the recast of the Qualification Directive, the decision not to participate was taken in tandem with the decision not to participate in the recast of the Procedures Directive.
Insofar as the Direct Provision system is concerned, this system facilitates the State providing a roof over the head of those seeking protection in the State or, having failed in that regard, seeking permission to remain in the State for humanitarian or other reasons. It allows the State to do it in a manner that facilitates resources being used economically in circumstances where the State is in financial difficulty. There are no cheaper alternatives to the Direct Provision system. A key finding in the 2010 Value for Money Report on the Direct Provision system was that if we were operating a system which facilitated asylum seekers in living independent lives in individual housing with social welfare support and payments, aside from the asylum 'pull factor' it would likely create, the cost to the exchequer would be double what is currently paid under the direct provision system.
It must be noted that Direct Provision is not simply an accommodation system. Residents of direct provision centres have access to Public Health services on the same basis as an Irish citizen. In fact, those resident in direct provision centres generally qualify for a medical card which allows them access to a range of free health services including GP visits and prescription medicine. Children also benefit from access to primary and secondary school on the same basis as Irish children and also qualify for the free pre-school year under the Early Child-care and Education Scheme.
