 —  April – May 2013
I
don’t know how I am going to cope. I have
spent seven years living like a robot. I have
been told where to go, what time to go there
and almost what to eat. These were the
words of an intelligent, articulate woman from
East Africa, spoken to me over a year ago. She
had been living in Ireland for seven years but for
all of that time she had been in accommodation
centres run by the State for those seeking asylum.
She was moved several times to different accom-
modation centres around the country. She had
just learnt that she was finally to be given per-
mission to stay in the country. She had been given
a few weeks to move out of the accommodation
centre, find a place to live and start making deci-
sions for herself and her three children, all born
in Ireland.
The Direct Provision system was set up in
 in response to a crisis towards the end of
the s when the numbers seeking asylum in
Ireland had increased rapidly. As of December
 there were , people living in the
accommodation centres. More than a third of res-
idents in the accommodation centres have lived
in them for more than three years. It is difficult
to understand why the authorities maintain this
system when the evidence is clear that it comes at
huge expense, both financial and human.
The accommodation centres are known as
‘Direct Provision’ because the state provides
directly for the immediate physical needs of asy-
lum seekers. It is a system that has never been
set out in legislation or defined in any publicly-
available document. It has been rolled out in the
form of accommodation facilities whose original
use was for short term stay - mobile homes, holi-
day chalets, hotels, students’ hostels – with just a
small number of purpose-built accommodation
centres. All of the accommodation centres have
been owned, or run, by private companies. These
companies have never been required to have any
particular training or capacity to accommodate,
on a long-term basis, vulnerable adults and chil-
dren. Dispersal around the country is a central
feature of the system. By and large, it is a sys-
tem that is on a ‘no choice’ basis. You go where
you are told, when you are told and often with
little notice.
In February , I spoke at the launch
of a report published by the Free Legal Advice
Centres. “One size doesn’t fit all” reviewed the
Direct Provision system on its tenth anniversary.
The launch was covered in the media and led to a
phone call to me from a Dublin woman. She told
me about the struggle that she and her husband
had to pay their bills and keep their heads above
water. That is in itself another story that is sadly
too common for many in Ireland today. She said
that she and her husband would love to give up
that struggle and go and live in a holiday cha-
let where all their needs were met. She had no
sympathy with those who advocated for a better
system than the one of Direct Provision or with
those who lived in the centres.
I don’t blame that woman for thinking that
asylum seekers have it easy. Yes she could, if she
wanted to, imagine the difficulty of having just
€. per week for herself and €. per week
for her children. But she doesn’t know what life
is like when you are forced to be dependent upon
the state, year in year out, with no control over
your life and no opportunity to work or make
any significant decisions for yourself let alone
for your children. She cannot know the effect of
politics
Seven years like a robot
‘Direct provision’
accommodation for
asylum-seekers is
inhumane, anti-family
and profligate
sue conlan
Table 1: Duration of Stay by Applicants in Direct Provision
0-1 yrs 1-2 yrs 2-3 yrs 3-4 yrs 4-5 yrs 5-6 yrs 6-7 yrs 7+ yrs
539 630 770 945 812 670 397 272
Mobile homes, holiday
chalets, hotels, students’
hostels – with just a small
number of purpose-built
accommodation centres, all
run by private companies
Typical room in direct provision

forced idleness and the anxiety that comes from
not knowing when you will be able to move on
and begin to settle down. She could not know the
fear of living with the threat of deportation. She
doesn’t know the impact of being a victim of tor-
ture or sometimes unspeakable trauma that some
of those who seek asylum in Ireland today have
been subjected to.
The evidence that suggests something is seri-
ously wrong with the system is clear. The financial
costs are high. Recently it was revealed in reply
to a parliamentary question from Maureen
O’Sullivan TD that the state paid over € mil-
lion between  and  to the private
contractors that own these Direct Provision cen-
tres. The human costs are particularly evident
when the impact upon children is considered.
Children form an increasingly large group
among the residents in Direct Provision centres.
% of residents in  were children (a total
of ). By the end of , the proportion
was % ( children). They occupy a living
space in close proximity both to those to whom
they are related and those that they have no con-
nection with whatsoever. For many, all they know
is this form of institutionalised living.
The Reception and Integration Agency
oversees the Direct Provision system. This
is a multi-departmental agency, under the
Department of Justice, Equality, and Defence,
which includes the HSE and the Department of
Education and Science. The HSE is represented
through its unit on Child and Family Services that
has a duty to assess reports regarding a child’s
welfare or safety. This unit provides statistics in
the Reception and Integration Agencys Annual
Reports on the referrals made to it which relate
to child protection issues - see chart .
The response to the child-protection issues
raised in the Reception and Integration Agency’s
Annual Reports may be to blame the parents for
their inabilities as carers. But the ability to be a
parent and provide for and protect your child is
affected by your circumstances. In the case of fam-
ilies in Direct Provision, parents are infantilised
and denied the opportunity to fulfil their respon-
sibilities. That is contrary to the UN Convention
on the Rights of the Child which requires States
to provide appropriate assistance” to parents in
the performance of their duties.
In September , the Irish Refugee Council
published a report entitled “State sanctioned
child poverty and exclusion: the case of children
in state accommodation for asylum seekers”. The
report examined how children, some of them Irish
citizens, have been treated in the Direct Provision
system. The evidence, dating back over ten years,
included examples of malnutrition, poverty, over-
crowding, lack of play space and the detrimental
effect on family life. There has been no formal
response from any Government Minister to the
Report.
The reference point for this report was the UN
Convention on the Rights of the Child, ratified by
Ireland in . The Reception and Integration
Agency has stated that it seeks to adhere to this
Convention. However the Convention includes the
rights of children to the development of their full
physical and mental potential; the right to pro-
tection from influences that are harmful to their
development; and the right to participation in
family, cultural and social life. The Irish Refugee
Council report suggests a significant gap between
the reality of Direct Provision and Ireland’s com-
mitments under the Convention.
Appearing before the Dáil Public Accounts
Committee on st March , Brian Purcell,
Secretary General of the Department of Justice,
stated that the system of Direct Provision would
stay for the foreseeable future. This is not good
news. It will take time to replace the system of
Direct Provision, but it will have to go, as the evi-
dence cannot be ignored for much longer.
Sue Conlan is CEO of the Irish Refugee Council. The
Irish Refugee Council is co-ordinating a National Day
of Action about the Direct Provision system on 23rd
April 2013. For more information contact the IRC on
campaign@irishrefugeecouncil.ie
Table 2: Children as proportion of total direct-provision residents
YEAR 2008 2009 2010 As of 17/12/2012
NO. CHILDREN 2300 2070 2141 1818
NO. RESIDENTS 7209 6460 6130 4806
% CHILDREN 32 32 35 38
In 2012 the Irish Refugee
Council published a
report with examples of
malnutrition, poverty,
overcrowding, lack of play
space and the detrimental
effect on family life. There
has been no formal response
PERSONS seeking asylum apply to the Office
for Refugee Applications and, if refused, may
appeal to the Refugee Appeals Tribunal (RAT).
Failed asylum-seekers may then seek judicial
review of these decisions in the High Court. Such
proceedings must be initiated within 14 days.
Many - probably most - failed asylum-seekers
challenge negative decisions in the courts. Very
significant delays are experienced in these
cases. There are at least 2,000 cases waiting to
be heard. Four High Court judges are assigned
full time to the Asylum list and they hear about
8-10 cases each week. Cases being heard this
year may relate to asylum decisions taken 4-5
years ago. While waiting for cases to be heard,
asylum seekers live in what many believe is
substandard ‘direct provision’ accommodation.
Applicants receive approximately €19 per
week and are prohibited from working. Years of
forced idleness and cramped accommodation
has detrimental effects on people. Children are
reared in these unsatisfactory circumstances
as their parents pursue court challenges. Even
if they are successful - and many of them are as
decision-making in the RAT is frequently found
by the High Court to be deficient - their asylum
applications are sent back to the RAT to be re
assessed. Sometimes the new decision is itself
reviewed.
Once the asylum application has been
reviewed by the court, the failed asylum seeker
is then entitled to seek a form of protection
known as ‘subsidiary protection’. In every
other EU state, the asylum application and
the subsidiary-protection application are
assessed simultaneously. In Ireland they have
been separated. Thus a failed asylum-seeker, if
unsuccessful in court, will then embark on the
subsidiary-protect procedure and this too can
be challenged in court in a years-long process.
It is regrettable that both applications are not
heard together and that asylum seekers cannot
have their cases determined in weeks rather
than years. Expedition would be in the interest
both of applicants for refugee status and of the
State. MS
Laborious asylum process

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