
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
Earlier: Blue Wave