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Direct Provision System

Dáil Éireann Debate, Thursday - 5 July 2018

Thursday, 5 July 2018

Questions (132, 133, 134, 135, 136, 137, 138)

Gerry Adams

Question:

132. Deputy Gerry Adams asked the Minister for Justice and Equality the additional resources that will be put in place to ensure timely processing of work permits further to the recent directive on the right to work measures announced for persons in the direct provision system. [29780/18]

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Gerry Adams

Question:

133. Deputy Gerry Adams asked the Minister for Justice and Equality if the reduction or removal of the weekly €21.60 allowance following the recent directive on the right to work measures announced for persons in the direct provision system once an asylum seeker secures a job will be monitored; and his views on concerns expressed publicly by NGOs regarding the need for adequate timeframes that persons would need to gather savings and develop social networks. [29781/18]

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Gerry Adams

Question:

134. Deputy Gerry Adams asked the Minister for Justice and Equality when the roll-out of an information campaign will commence for applicants, employers, trade unions, NGOs and all other relevant bodies following the recent directive on the right to work measures announced for persons in the direct provision system. [29782/18]

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Gerry Adams

Question:

135. Deputy Gerry Adams asked the Minister for Justice and Equality if additional supports will be put in place to assist those living in direct provision who will be eligible to seek a work permit following the recent directive on the right to work measures. [29783/18]

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Gerry Adams

Question:

136. Deputy Gerry Adams asked the Minister for Justice and Equality if only those who have waited more than nine months for a decision on their asylum application would be eligible to receive a work permit further to the recent directive on the right to work measures for persons in the direct provision system; and if the same eligibility will be extended to persons who had already received a decision or had appealed that decision. [29785/18]

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Gerry Adams

Question:

137. Deputy Gerry Adams asked the Minister for Justice and Equality the number of persons in each direct provision centre who will be eligible to apply for a work permit further to the recent directive on the right to work measures announced for persons in the direct provision system; the number of persons who will be deemed ineligible in tabular form; and if he will make a statement on the matter. [29786/18]

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Gerry Adams

Question:

138. Deputy Gerry Adams asked the Minister for Justice and Equality the rationale for asking persons to pay a contribution towards their living in the direct provision system following the recent directive on the right to work measures; the way in which these moneys are to be collected; the person or body to which payment will be made; and if he will make a statement on the matter. [29787/18]

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Written answers

I propose to take Questions Nos. 132 to 138, inclusive, together.

On 28 June last, Minister Stanton and I announced details of the coming into effect of the EU (Recast) Reception Conditions Directive 2013 which includes enhanced access to the labour market for asylum seekers. In summary, eligible applicants will have access to all sectors of employment, with a very small number of exceptions. The Directive has much broader impacts on the wider protection system and includes important provisions in relation to health, education, children’s rights, and material reception conditions including housing, food, clothing and a daily expense allowance. The Directive came into operation on 30th June following my signing into law of the European Communities (Reception Conditions) Regulations 2018 Statutory Instrument giving effect to the various provisions of the Directive.

Under the Regulations, asylum seekers will have access to the labour market nine months from the date when their protection application was lodged if they have not yet received a first instance recommendation from the International Protection Office and if they have cooperated with the process. The permission, which will be issued on my behalf by the Labour Market Access Unit (LMAU) of the Irish Naturalisation and Immigration Service (INIS) covers both employment and self-employment and will be granted to eligible applicants for a six month period, renewable, until there is a final decision on their protection application. The Deputy can be assured that the new labour market permissions will be issued with the same level of efficiency observable in relation to the self-employment permission issued by my officials during the interim period (i.e. a total of 770 applications were received and processed with 534 of those being granted between 9 February and 30 June 2018). Persons issued with a self-employment permission who have not received a first instance decision within 9 months of their protection application being lodged will automatically receive a new labour market permission. Persons that have already obtained a self-employment permission under the temporary scheme will be able to renew that permission, even if they have since received a first instance protection decision and are appealing that decision. The Directive does not apply retrospectively for other applicants who have already had a negative first instance decision and have chosen to appeal that decision.

An information campaign commenced on 28th June to ensure that applicants, employers, trade unions, NGOs and all other relevant bodies are fully informed of the labour market access and eligibility arrangements that apply. The campaign includes a nationwide tour of Accommodation Centres. Full details and an application form are also available on the INIS website (www.inis.gov.ie ).

Supports given by the State to applicants and those under appeal include a range of services not available to other people in the country who are accessing the labour market. We have a responsibility to treat all people equally. As a result of this new reform a situation could arise where a protection applicant with free lodging, food, services including utilities, etc., would be in receipt of the same wage as a colleague who had to pay all their own expenses. This would be inequitable.

State supports are given on the basis of need and means. Now that we have given a broad and generous access to acquiring means, applicants and appellants will be treated on a par with others working in the State. In relation to the requirement that residents in Accommodation Centres make a contribution towards the cost of their accommodation and related supports, this is a fair and proportionate measure. It ensures that residents in State-provided accommodation, who have all services provided, are treated equitably with other workers in Ireland who have rent/mortgages and all of the other costs associated with financing one’s own accommodation. The rule of equity must also apply between protection applicants who are in the accommodation centres and those that are not living in the Centres.

The practical arrangements in relation to collecting the contributions are currently being finalised, however, I would like to emphasise that no Protection Applicant will be required to make any financial contribution in respect of their direct provision accommodation and related supports until they have been in employment (or self-employment) for a period of 12 weeks. When they are in a position to contribute, any such contributions will be on a sliding scale. The maximum such contribution will not exceed the total cost to the State, and there will therefore be no situation in which the State will profit from such contributions. Allowances are being made for situations where a partner is not working, while no parent will be charged for children regardless of their income. Children will also maintain their full allowance in their own right.

Regarding a suggestion that additional supports should be put in place to assist those living in Accommodation Centres seeking a work permit from the Department of Business Enterprise and Innovation, the necessity for seeking a work permit does not arise from 30 June. Instead, those who are nine months without a first instance decision may apply to the Labour Market Access Unit of my Department for a labour market permission. This is a very straightforward process and most applicants and Accommodation Centre staff and NGOs are in a position to provide assistance, if required.

It is important to note that the labour market permission is not restricted to applicants who are residing in Accommodation Centres. Thus my Department is not focused on the number of applicants in each Centre who may be eligible to access the labour market but rather on the overall numbers who are eligible. Accordingly, it is estimated that approximately 3,000 protection applicants will be eligible to apply for the permission.

Participation in the Reception Conditions Directive builds upon the existing programme of reforms to ensure that applicants are treated humanely and with dignity and respect while awaiting a final decision on their protection application.

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