Direct Provision v. the Temporary Protection Directive for Ukrainian Refugees in Ireland
What is the future of Direct Provision in respect of the Temporary Protection Directive for Ukrainian Refugees in Ireland?
In February of 2021, Minister for Children and Equality, Roderic O’Gorman, published the White Paper to the Oireachtas envisaging closing all direct provision centres by the end of 2024 and replacing them with a new system of accommodation and supports. However, in practice, this White Paper has been extremely slow moving; even simple fixes like legislation ensuring asylum seekers have the right to apply for a driving licence/create a bank account for example, took upwards of 10 months to be introduced. The government’s management of Ukrainian Refugees has shed light on just how slow-moving proceedings are in respect of Direct Provision Centres.
Direct Provision’s false introduction as a ‘short-term measure’ in 2000 has had inordinate effects on the physical and mental health, self-esteem and skills of all those who have been condemned to stay there; particularly now, as residents of Direct Provision can see how quickly the Irish Government can process displaced people coming to Ireland seeking asylum. There is a stark contrast between how quickly refugees from Ukraine have been processed and how quickly all other asylum seekers are processed in Ireland with the average length stay of 24 months in Direct Provision with some residents having spent up to 10/12 years in such poor conditions.
On 22 May 2022, the Central Statistics Office reported that there were 33,151 arrivals of Ukrainian refugees to Ireland. Under the government’s temporary protection directive 33,151 PPS numbers were issued to these people and under that same directive, citizens of Ukraine or those who had refugee status in the country before the war could access services and benefits without making an application for international protection in Ireland. The government additionally signed off on a €400 monthly payment to households who are accommodating Ukrainian refugees – this of course is all brilliant news however it creates a disturbing lacuna between what the government has the capacity to do and the reality of what they have done for asylum seekers from all other countries.
Residents of Direct Provision who are faced with only €38.80 for each adult and €29.80 for each child each week as a ‘Daily Expenses Allowance’ and who still have no ability to work without at least 6 months spent in a Direct Provision Centre and a subsequent application for ‘Labour Market Access Permission’, must be looking on the Irish Government’s response to Ukrainian refugees and wondering why they cannot avail of the same protections afforded to other displaced persons?
By no means is any of this to say that one group of displaced persons should or should not get certain ‘privileges’ over another group; the catalyst of all of this is that Direct Provision is an inhumane system that has long-passed its expiry date. The temporary protection directive created by the government should act as a framework for changing Direct Provision astronomically; a 2021 promise-filled White Paper simply is not good enough anymore when it has become clear that there is a much larger capacity within the government to help those seeking asylum.
Nick Henderson, CEO of the Irish Refugee Council has summed this all up in the following:
“We commend the Irish State for providing refugees from Ukraine PPS numbers and other paperwork within hours of arrival. However, this is in stark contrast to the experience of many people in the mainstream international protection process are experiencing delays in the registration of their protection application and the issuing of the temporary residence certificate (TRC) (the TRC is evidence that a person has submitted an international protection application in Ireland.).”
“This delay causes multiple problems: it means people cannot obtain a PPS number, the daily expenses allowance (the social welfare payment given to people), slows or prevents access to school and delays access to the right to work (as the six month waiting period does not commence). As a result of these delays, in the experience of the Irish Refugee Council, people, including children, live in poverty for several weeks and up to four months, unable to meet their basic needs such as public transport, appropriate clothing, phone credit or hygiene products.”
In denouement, the crux of the situation is that the government need to critically assess how paperwork and documents have been delivered to people who have fled Ukraine so quickly. Once this has been deciphered, the same practices must be applied to all people seeking protection. If this happens, significant improvements could be made to the asylum seeking process in Ireland and we might finally see an end to Direct Provision.
For more information, see the Irish Refugee Council’s call for clarity and action on asylum application registrations by clicking here.
For more information about current direct provision entitlements, please click here.
For more information on the Temporary Protection Directive, please click here.
For information on the End Direct Provision action group, please click here.