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 Agency’s 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