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Using Law to Challenge Direct Provision in Ireland

Using Law to Challenge Direct Provision in Ireland. Dr Liam Thornton. Outline. Outline of the system of direct provision in Ireland Problematic issues with direct provision Legality Impact on individuals, children & families Using Law to Challenge Direct Provision Irish law European law

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Using Law to Challenge Direct Provision in Ireland

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  1. Using Law to Challenge Direct Provision in Ireland

    Dr Liam Thornton
  2. Outline Outline of the system of direct provision in Ireland Problematic issues with direct provision Legality Impact on individuals, children & families Using Law to Challenge Direct Provision Irish law European law International law Conclusions

  3. The Direct Provision System in Ireland

  4. Outline of direct provision in Ireland Dispersal to accommodation centres, (mainly) operated by private operators, under control of Reception & Integration Agency, Dept of Justice. Weekly payment, made by Dept of Social Protection €19.10 per adult €9.60 per child No other welfare entitlement (except for UNPs and ENPs)
  5. Other Rights & Restrictions No right to work; Provision of medical card; Education up to leaving certificate; No obligation to remain in direct provision centres but no access to payment or alternative accommodation. See further, Thornton (2013).
  6. People in Direct Provision in Ireland
  7. Protection Applicants

  8. Problematic Issues with Direct Provision

  9. Concerns as Regards Legality Use of administrative circulars No clear legal basis for direct provision Effect of Section 15 of SW & Pensions (No. 2) Act 2009 €19.10/€9.60 is outside powers of Dept of Social Protection What is the basis for RIA paying for accommodation?
  10. Impact on Persons in Direct Provision
  11. Time Spent in Direct Provision (Based on Initial Asylum App)

  12. Law in the Public Interest: Challenging Direct Provision

  13. Why Law? Why Now? Asylum seekers protest….but lacks widespread public support Majority in Oireachtas ignoring/supporting direct provision (reflecting wishes of constituents?). “Democracyvalues everybody equally, even if the majority does not” Scrutiny from other legal systems, ALJ(which Kate will explore shortly); The impact of EU Law and ECHR Law?? Potential UN scrutiny in the coming months…. Ability of civil society to suggest alternatives (something Sue will discuss)
  14. Irish Law Administrative successes: SWAO & Child benefit But limited by subsequent legislative change in 2009 Act Still relevant for those claiming asylum prior to May 2009. Recent success as regards dispersal by KOD Lyons Court challenges (?): N.M and others v Minister for Justice and Equality-withdrawn, but other cases in pipeline Administrative & Legislative ECHR Act 2003 & Constitution Possibility of success?
  15. European Union & ECHR Law Some successes, butsomewhat limited Cases to date dealt with extreme poverty & degradation M.S.S v Belgium & Greece (ECtHR-removal) N.S & M.E (CJEU-removal) However, see yesterday’s decision as regards financial allowances under the RCD: Saciri & Others (CJEU). Relevant to Ireland? Other possibilities? Inhuman and degrading treatment Private and family life Discrimination in enjoyment of rights
  16. International Law Domestic courts reluctant to even consider this (besides Convention on Rights of the Child) But, look at successes of Justice for the Magdalenes campaign; UN Human Rights Committee examining Ireland’s compliance UN Committee on Economic, Social & Cultural Rights

  17. Conclusions

  18. For the political system to act, are we awaiting a major scandal….? With political avenues closed off, need to focus on legal challenges However, we need to recognise limitations of public interest law in this area Need full scale reform of status determination system-at the root cause of direct provision.
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