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Seanad
‹ Order of Business

Garda overtime and justice issues

Summary

Senators raised the sudden halt to Garda overtime in Dublin, warning it would weaken policing ahead of Christmas. Billy Lawless also sought ministerial attention on the N.H.V. case and regularising undocumented immigrants, before brief Christmas wishes closed the exchange.

I was alarmed to learn today that the Assistant Garda commissioner, Mr. Pat Leahy, has issued a direction to the Dublin metropolitan area that all overtime cease on the basis that the budget has been exhausted. We learn this through the Garda Representative Association, GRA, whose members were told last night to go home from their stations. This essentially gives the green light to criminals to go about their business to the detriment of good citizens. This is especially worrying as we face into the Christmas period when presents will be left in homes and cars and pick-pocketing in general is on the increase. Having attended many policing forum meetings in Dublin South-Central, I have seen that among the primary concerns for residents is the lack of policing on the streets; community policing; gardaí on the beat; and gardaí on bikes to deter such crimes as burglaries and assaults. I ask the Minister to seriously consider reinstating this budget as the cessation of overtime is very much a regressive policing step.

I would like to sympathise with the family and friends of the man who died sleeping rough in Ranelagh yesterday, an area that happens to be very close to the constituency office of the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy. The latest figures for rough sleeping found that, as of 7 November, 184 people were sleeping rough in Dublin city, amounting to a huge 30% increase since April. The fact that the homelessness crisis is spiralling out of control is a damning indictment of our Government and of the track records of the Ministers responsible. I commend the Islamic Cultural Centre in Clonskeagh for opening its doors to those sleeping rough during both Storm Ophelia and the recent cold spell.

As we all know, the elephant in the room here is the lack of housing supply, particularly with regard to social and affordable homes. We have seen no less than six failed housing policies to date, among them the failed development contribution rebate scheme; the failed vacant site levy; the failed vacant homes action plan; the failed local infrastructure housing activation fund, LIHAF; the failed repair and leasing scheme; and last but not least the failed Part V social housing scheme. More than 120,000 people nationwide are on the housing list. We need to start thinking bigger and have more ambitious plans because the current rate of building will not so much as scratch the surface of this huge list and issue. I again call on the Minister to come into the House to address these matters.

Comment on this

I want to raise a most important issue that falls under the brief of the Minister for Justice and Equality. Tomorrow, the Supreme Court will sit again on the very important case of N.H.V. v. the Minister for Justice and Equality.

This decision, as I highlighted in this Chamber on 4 October this year, included judgment of profound significance and compassion. It was delivered by Mr. Justice Donal O'Donnell. He stated:

In my view, the point has been reached when it cannot be said that the legitimate differences between an asylum seeker and a citizen can continue to justify the exclusion of an asylum seeker from the possibility of employment. The damage to the individual's self worth, and sense of themselves, is exactly the damage which the constitutional right seeks to guard against. The affidavit evidence of depression, frustration and lack of self-belief bears that out.

The Supreme Court provided a period of six months for the Oireachtas to remedy what it determined to be an unconstitutional state of affairs and that time is up tomorrow. The court may strike down the absolute prohibition on work for asylum seekers as being repugnant to the Constitution. When the Minister was before this House, Members were informed that the interdepartmental task force led by his Department would report back in advance of the submissions the State intended to make before the court. I ask the Leader if he will update the House as to what the Minister intends to tell the Supreme Court tomorrow. Will asylum seekers have a right to work in this country or will they not? If so, when and how? Will legislation be put through these Houses? The Minister confirmed to this House that adults living in direct provision "will also see their capacity for economic independence enhanced in line with the finding of the Supreme Court". How is this to be put into effect? When the Minister came before the House, he committed to "delivering an international protection system in Ireland that provides for decisions on applications in the shortest possible timeframes". If there was a legal or practical limitation upon the amount of time during which an application for asylum status could be processed, particularly now that it appears the undocumented will be given the right to work, this would be a much fairer state of affairs to regularise our asylum process. In the facts of the Supreme Court case, the undocumented person was in the system for more than eight years, with no entitlement to work.

On another issue, as I have stated previously in this House, how can those of us who advocate for the undocumented Irish abroad, which is a strategic and diplomatic imperative of this Government and previous ones before it, in good conscience ignore what is an even worse state of affairs for the undocumented in Ireland?

Comment on this

I am aware that this issue was debated before the Dáil following a strong recommendation from the Joint Committee on Justice and Equality's Report on Immigration, Asylum and the Refugee Crisis. This is an issue close to my heart, having worked for over 15 years with the undocumented Irish in the United States. I ask for the Minister for Justice and Equality to come into the House to make a statement on what progress has been made to regularise undocumented immigrants in Ireland. Ireland needs to have the moral backbone to stand up for the undocumented at home to speak with real authority in our lobbying efforts abroad.

Comment on this

I thank the Leas-Chathaoirleach as I will be leaving for the United States in the morning, and I will take this opportunity to wish a very happy Christmas to the Leader, the Cathaoirleach, my fellow Seanadóirí-----

Comment on this
David P.B. Norris Senator David Norris Independent

A happy Christmas to Senator Lawless too, in America.

Comment on this

I thank Senator Norris. I especially wish the staff of this House a happy Christmas and thank them very much.

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David P.B. Norris Senator David Norris Independent

Hear, hear.

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Paul Coghlan An Leas-Chathaoirleach Fine Gael

I thank Senator Lawless and wish him a happy Christmas too.

Comment on this