Direct provision and right to work
Senator Gavan welcomed the Supreme Court decision striking down the ban on asylum seekers working and criticised direct provision conditions and profiteering. He urged legislative change to let asylum seekers work and condemned the Mosney food scandal.
I welcome this morning's decision by the Supreme Court effectively declaring the ban on asylum seekers from working to be unconstitutional.
Comment on this
A Burmese man who spent eight years in direct provision has won his Supreme Court appeal over the legal ban preventing him from working. The court has adjourned the matter for six months to allow the Legislature to consider the matter. According to Mr. Justice O'Donnell, “This damage to the individual’s’ self worth and sense of themselves, is exactly the damage which the constitutional right [to seek employment] seeks to guard against.” The right to work for asylum seekers is a fundamental one that has been denied for far too long. It is a matter that many others and I have raised directly with the Minister of State in the past. Regrettably, he has always been adamant that under no circumstances would he consider the issue of the right to work.
I have visited the direct provision centre in Knockalisheen and seen at first hand adults sitting and staring into space as the day goes by with nothing to do. I have spoken to staff who have been at pains to stress the negative effects on asylum seekers of being prevented from working for years at a time. In 2015, the Joint Committee on Public Service Oversight and Petitions described the direct provision system as not being fit for purpose. In the same report, HIQA stated that it had grave concerns about the mental health of those in such a system. In 2015, the UN Committee on Economic, Social and Cultural Rights called it a severe violation of human rights, yet previous Governments have stood by the system.
Comment on this
Last week, we saw horrific reports from the Mosney direct provision accommodation centre whereby residents were being sold out-of-date food for consumption - chicken meat that was two months out of date - leading to food poisoning.
The residents of Mosney are being forced into a system of segregated shopping rather than being allowed buy food at a regular shop like everyone else. There is a very real scandal over the huge profits being made by companies administrating direct provision on behalf of this Government. Ireland is, in fact, one of only two countries in Europe that does not recognise the Reception Conditions Directive. I ask that the Minister of State at the Department of Justice and Equality, Deputy Stanton, come to the House to debate this matter and explain what action he intends to take to bring us in line with this ruling.
The direct provision system is a system of shame. Direct provision needs to be abolished. The Government should close all 32 centres and allow applicants the right to work and have access to the labour market. People should not be forced to live in institutionalised living conditions. They deserve to be properly integrated into the community and proper access to third-level education.