‘The Department Of Justice Is Not The Appropriate Department’

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Via The Irish Council for Civil Liberties (ICCL)

We agree with the organisations and independent experts that have called for an end to Direct Provision.

Ireland’s history of grave and systematic abuse in institutions should make it obvious that the State cannot discharge its constitutional, European or international human rights responsibilities towards individuals who need the State’s assistance by (1) outsourcing social service provision to private, largely unaccountable, commercial entities and (2) containing people in institutions operated by those entities.

We also agree with the recommendations  from the Irish Refugee Council (IRC) and the Movement of Asylum Seekers in Ireland (MASI)) that the Department of Justice is not the appropriate Department with which to place responsibility for meeting the accommodation, health and other social service needs of people seeking international protection.

The direct testimonies of people living in Direct Provision – particularly their experiences of being isolated from society, being forced into a relationship of almost total dependency on the managers of the institutions in which they live, and being denied access to many basic opportunities and services in Irish society – convey a clear sense that people in Direct Provision feel, and are effectively, living in punitive detention.

We believe that the fact of placing responsibility for Direct Provision in the Department of Justice contributes to this penal culture and practice.

We are reminded of the treatment of a group of survivors of the Magdalene Laundries who applied to the ex gratia scheme which the Department of Justice has administered since 2013, and whose experiences were the subject of the Ombudsman’s Report in late 2017, Opportunity Lost.

The Ombudsman’s report demonstrated that there was a culture of disbelieving survivors within the Department of Justice, and of going overboard to ‘protect against fraudulent claims’.

The Department that had been responsible for detaining girls and women in Magdalene Laundries, both as part of the ordinary criminal justice system and on an ad hoc basis through the involvement of An Garda Síochána, was not of an appropriate mindset to administer ‘restorative justice’ measures to women who had suffered grave human rights violations in Magdalene Laundries.

ICCL submission on Direct Provision

ICCL

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19 thoughts on “‘The Department Of Justice Is Not The Appropriate Department’

  1. john f

    “The direct testimonies of people living in Direct Provision….”
    So totally unreliable information then!
    No doubt that the migrants giving the testimony were schooled regarding what to say and how to phrase it.
    Despite failing in their applications and their appeals very few refugees are ever deported.
    Also , the current system is being used to enable stuff like this
    https://www.independent.ie/irish-news/latest-gangland-murder-victim-joined-inner-circle-of-the-gucci-gang-last-year-38158640.html

    at the moment, the current system is a cash cow for the legal profession, centre owners and those that provide services to said centres. The ICCL is right, the system needs to change, but not in the way that they desire.

    1. Bodger

      ‘No doubt that the migrants giving the testimony were schooled regarding what to say and how to phrase it.’

      Interesting claim. Based on what exactly?

  2. Panty Christ

    ..end direct provision now!

    and replace with what exactly. Somebody offer a viable alternative to what is a filtering and approval process before granting full citizen privileges

    1. postmanpat

      Identify all the 20 to 50 years olds who have been claiming social welfare for over 10 years and cut off their scratch , like right now. I know a fella whos been on the mooch for 11 years now. no sign of a job, nothing wrong with him. Use the money saved to home the asylum seekers and allow them to work. Asylum seekers stuck in the system for over 5 years , sure they probably told a few fibs to get out of whatever situation they came from but they have paid their dues stuck in DP so give them amnesty. The Irish doleys can work instead of getting the dole, because there is noting wrong with them, they are just good at paperwork.

    2. Mickey Twopints

      Yes, you have mentioned that once or twice previously.

      Would you care to share your own submission to the consultation? Since you clearly have such strongly held views, I can only assume that you went to some lengths to ensure they have the benefit of your insight.

  3. GiggidyGoo

    An end to direct provision – ok. How about an end to allowing people that have been refused asylum remain here? And how about a provisional ‘licence’ for people as a precursor to full asylum approval? Give the full freedom benefits of asylum, house or whatever, but a, say, five year learning process of their new country. But if they end up in criminal activity during those years, then deportation is instant. Fair?

  4. Truth in the News

    We are a soft touch, the vast expense incurred is ridiculous when we have people
    evicted and indeed close to 10 thousand with no proper accommodation at all, not
    even direct provision, our non Irish population is now close to 17%, and we export
    our own, the advocates of unrestricted immigration ulterior motive is reduce wage
    costs and flood the economy with low cost labour who will accept anything
    The reality is that there will be an eventual showdown with political collateral damage
    and as we look across the Irish Sea such is taking place with the play out of Brexit

      1. GiggidyGoo

        What do you think of my idea above? I’d just thought of it, and asked your opinion but you somehow haven’t submitted a reply. I’d really like to know your thoughts.

      2. Lash me

        Here’s the thing Mickey

        Engaging with the kind of idiot who posts on a thread like this makes you look sort of dumb as well

  5. Jake38

    “………at the moment, the current system is a cash cow for the legal profession…..”

    Which got me wondering. What in this country isn’t?

  6. John Walsh

    There is no alternative to direct provision as the system is similar to all other countries in Europe . When you have 90% who fail at first interview better to deport these so the genuine ones can be better looked after .

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