Dismantling Direct Provision

at

Hannah Komdwe (2) at a Direct provision protest outside Leinster House in 2014

Denying a mother of an Irish ‘citizen child’ living under Direct Provision child benefit is unconstitutional, the Court of Appeal ruled yesterday.

The court found the failure to treat ‘citizen children’ in Direct Provision equally breached Article 40.1 of the Constitution [Equality Before the Law].

The mother sought child benefit in October 2015 but was refused until she got residency status in January 2016.

Social Democrat co-leader Roisin Shorthall said

“This case highlights once more how the regime of direct provision for asylum-seekers is a form of institutional discrimination.

Direct provision was only ever intended as a short-term solution, but has turned into a national disgrace. Today’s ruling should be the final nail in the coffin for direct provision, and the government should now take steps to dismantle it.”

Non payment of benefit to Irish child (3) in direct provision unconstitutional (Irish Times)

35 thoughts on “Dismantling Direct Provision

  1. Andyourpointiswhatexactly?

    I don’t know why that demanding child is being used to accompany the article. Get a job if you want your own bedroom, Missy.

    1. postmanpat

      I hear ya. I’ve a two year old at home and all she does is make demands and throws tantrums when she doesn’t get what she wants.

    2. ahjayzis

      She can’t due to being denied work as an asylum seeker AND our utterly outmoded, noncompetitive and economically unsustainable child-labour laws.

      1. realPolithicks

        In ten or twenty years time people in Ireland will be talking about the direct provision system in the same terms that they speak of the magdalene laundry and mother and baby homes now.

  2. Cian

    This is “fake news”/click bait. From the article:

    The Court of Appeal has found that provisions of the Social Welfare Act which prevented child benefit payments to an Irish citizen child living in direct provision until her mother got residency here are unconstitutional.

    The three year old girl lives in direct provision with her Nigerian mother. Her father is a naturalised Irish citizen but the couple’s relationship broke down sometime after her birth.

    So it only applies to the Irish citizen children living in direct provision. Of which there are how many?

    Further down it specifically says: “The State “cannot generally be expected to make social security payments to persons with no right to reside here”.”

  3. MaryLou's ArmaLite

    Stop this endless appeals process, grant leave to remain to those who qualify and deport people who cannot prove they have a right to be here.

    1. Fact Checker

      Ireland has clear obligations under international law to grant due process (including appeals) to any human who claims asylum in Ireland.

      I believe that changes made a few years ago are having the effect of speeding the process up.

  4. gav

    Why are people left stuck in these provision centres for years?? Why can’t the asylum decision be made when someone comes in seeking it, in a few days, and person is either in or out in that time. This system of leaving people there for years only causes this entire situation of children being born and raised in country in the mean time and then all sorts of excuses about not being able to leave now because children are Irish etc. Whole system is a joke. Who is in charge of it? Why aren’t they doing their job?

    1. Fact Checker

      Because due process must be observed which means giving people the time to lodge appeals, produce supporting documentation, have an appeal hearing, etc. All of this is time-consuming given that each case is unique and producing supportive evidence of the hostile situation you may be exposed to in a far-flung part of the world is difficult.

      Direct provision is a bad system but is MAYBE tolerable if the whole process (including appeals) took six months to a year.

      The problem is that it takes several years. Given this, the scenario of living in a dormitory, not being able to cook your own food, all while having to live on a twelve-year old’s pocket money for years on end is to my mind not the way we should treat people in Ireland.

      Anyway, not much of this is relevant to the article which refers to a pretty narrow technical point of law.

      1. Cian

        The numbers are difficult to interpret – but I think that the ‘real’ asylum seekers are processed efficiently. If you arrive from Syria you will be granted asylum. On the other hand if you arrive from Nigeria, it may take years.

        The people that are in the system for years and years are those that keep appealing.

        1. Fact Checker

          From the point of view of public policy there can be no ‘real’ asylum seekers (or fake ones).

          There is no magical way of divining someone’s true intentions, or indeed the truth.

          You just have applicants, and a process.

          1. Cian

            Yes, when I say ‘real’ I mean those that have a solid case to be granted refugee status (hence the quotes around real – I suppose they are real refugees). But I see your point – they are all applicants.

            It is a pity that the department doesn’t release “time to first decision” for the asylum process – or somehow identify those with multiple appeals in their monthly data.

      2. gav

        “MAYBE tolerable if the whole process (including appeals) took six months to a year.” – Agreed. And maybe a limit to number of appeals and time between each appeal. To stop people intentionally stringing the whole thing out for years on purpose.

    2. Jake38

      The system of endless appeals etc is a necessary evil to pay for the solicitors and barristers beach houses.

      1. pedeyw

        Or to make sure due process is observed, but whatever suits your personal narrative, I suppose. We are living in a post truth world, after all.

    3. terry1

      Gav
      Maybe its time to look at the legal profession and its involvement
      Like insurance cases its a big earner

  5. terry1

    I think the system if changed to guaranteed income might just do the trick
    Each citizen gets a payment of around 200 euro a week and that’s it
    If you want kids fine get a job
    If not having ten kids and the payments in child allowances will not incentivise not working
    Then our system will be less attractive to asylum seekers looking to live off the state
    We also need total harmonisation regarding pensions bringing an end to the defined pension for public sector workers which is a ticking time bomb
    We need immigrants to bring their skills to our country not freeloaders, and we need to end this public sector against private sector devide

  6. John f

    There is a lack of interest in doing away with the current direct provision system. Right now it’s a cash cow for the legal profession, it’s a cash cow for private companies that provide services to centres and it’s a cash cow for those that rent out buildings as centres. Nearly all of these entities donate generously to the governing political parties as well as many of the opposition ones.
    There are however socio-economic elements to this debate that for the most part are being ignored. Without a shadow of a doubt, small levels of controlled immigration with proper integration can help a society. It can help fill skills shortages in the economy at large.
    But what we see now is totally uncontrolled mass migration. Public services like health and housing are already broken, we have a huge problem at the moment with public expenditure regarding benefits. Nearly all of the incoming migrants are entirely dependent on these public benefits and services. How does throwing tens of thousands on top of already broken systems make sense.
    Most of all mass immigration hurts the working class, most migrants operate in the unskilled work sector as do those in the working class. If they are allowed to work the laws of supply and demand ensure that pay levels and benefits will never increase in these jobs.
    One has to ask why most of those advocating for uncontrolled mass immigration and open borders seem to dislike the working class.
    There is a growing backlash against mass migration in many Western European democracies. We will be wise not to ignore this. If there mass deportations from other countries where are these migrants going to go? Soft touch Ireland will likely be a popular destination.
    We should get ahead of this and get our systems sorted out now.
    I don’t mean to sound heartless and realise there are humanitarian concerns in some cases but a person cannot ignore reality.

    1. Nigel

      I don’t know what mass migration you’re talking about. There’s a huge refugee crisis with thousands fleeing war, perhaps that’s what you’re referring to.

    2. terry1

      Post brexit Ireland will be the new Calais
      As they use Ireland as the back door into the UK

    3. terry1

      Maybe with that mass immigration and the hatred towards them a ready supply of cheap labour is there
      Despised by the population these people can be exploited to the maximum
      But where will these unfortunates be accommodated and will they take preference to the already out of control homeless
      We hear that the councils are sitting on thousands of acres of land and Brendan Howlan was trying to raise this issue in the daily
      He was greeted with total apathy
      Mind you Brendan Howland when in office was just like who he was trying to score points on

  7. terry1

    Maybe with that mass immigration and the hatred towards them a ready supply of cheap labour is there
    Despised by the population these people can be exploited to the maximum
    But where will these unfortunates be accommodated and will they take preference to the already out of control homeless
    We hear that the councils are sitting on thousands of acres of land and Brendan Howlan was trying to raise this issue
    He was greeted with total apathy
    Mind you Brendan Howlan when in office was just like who he was trying to score points on

  8. terry1

    Nigel
    At the moment its the countries of first entry that are bearing the brunt of the numbers countries like Greece
    Post brexit its all going to have to change with another agreement different from the Dublin agreement.due to the UK no longer being part of the club
    Ireland will have to take its fair share .
    Which will most probably run into the tens of thousands,
    Frankly I do not see how Ireland will be able to take its fair share, with all the existing problems that are crippling our services.

    1. Nigel

      Er ok David. The point is the cause of this influx is a massive spread of horrible conflicts not secret advocates of mass migration

Comments are closed.