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The Law Society of Ireland has called for an “end to the non-statutory system of direct provision” and highlighted deficiencies within the present system that need to be addressed to ensure that an alternative system is “grounded in the principles of human rights, respect for diversity and respect for privacy and family life.”

Member of the Law Society’s Human Rights and Equality Committee, Stephen Kirwan, made the comments in an appearance before the Oireachtas Committee on Public Petitions on Thursday 16 September.

During the opening statement, the Law Society raised a number of concerns with the present system that should be taken into consideration when creating an alternative system. Among the recommendations discussed include the need for the Department of Justice to:

• Provide opportunity for legal advice prior to conducting preliminary international protection interviews and completion of the Questionnaire;
• Address the significant and growing backlog of existing cases in an urgent and pragmatic manner and grant leave to remain to those who have been in the system for more than two years;
• Put appropriate guidance about the role of solicitors in the International Protection Office interview on a statutory footing in order to ensure consistency, transparency and fairness for all international protection applicants; and
• Remove barriers to international protection applicants accessing the labour market including matters related to opening bank accounts and applying for driving licences and other difficulties posed by the remoteness of some Direct Provision Centres.

Chairperson of the Law Society’s Human Rights and Equality Committee, Sinéad Lucey said, “The Law Society welcomed publication of the White Paper to End Direct Provision in February of this year and the Government’s commitment to ending direct provision and creating a new system grounded in the principles of human rights, respect for diversity and respect for privacy and family life. Our recommendations discussed before the Oireachtas Committee on Public Petitions, if implemented, would represent substantial progress to achieve this.”

“The many barriers currently faced by people seeking international protection in Ireland are avoidable and must not be transferred to the new system. From the very outset of the process, there are delays. Application delays not only undermine the integrity of the international protection system – they are the root cause of significant and preventable stress to those within it. There is an urgent need to clear the case backlogs to reduce the time spent in this process. We cannot address the full extent of the issues going forward until we clear the backlog of cases that already exist,” said Ms Lucey.

“The Law Society has for many years called for an end to the non-statutory system of direct provision. Meaningful action however, is long overdue. In the meantime, war is not going away. Famine is not going away. Displacement of people is not going away. There are two policy approaches we can take. We can sit back and do nothing or we can take action. The systemic issues reported at every stage of the current process are known and solutions already put forward. It is time to progress a new rights-based system with practical timelines, actions and targets that safeguards the rights of all who seek international protection in Ireland.”

“We welcome the opportunity to advocate for the Law Society’s recommendations on the White Paper on Direct Provision and related matters before the Oireachtas Committee of Public Petitions. We hope that TDs and senators who joined us will be advocates for change,” Ms Lucey concluded.

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