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Today marks the 19th year of the formal establishment of the system of #directprovision in Ireland . The system of #directprovision provides no-choice communal accommodation, meals and a weekly allowance of €38.80 (adult) & €29.80 (child), to those who claim asylum in Ireland.
In 1995, there were 424 applications for asylum, which increased in subsequent years, to 424 ('95), 1,179 ('96), 3,383 ('97) and 4,626 ('98) asylum applications #directprovision Based on media reports, @welfare_ie stated the welfare system was being abused in 1997.
The @DeptJusticeIRL stated that the newspaper report was not accurate, and simply of the @Independent_ie 's own making (#fakenews was never just the preserve of the internet) #directprovision
So @Independent_ie simply made up stuff, and initially @DeptJusticeIRL rejected this. However, it was not before long that Qs on Ireland's response to increased asylum flows, caused greater concern within Government, ultimately leading to the system of #directprovision
Prior to #directprovision, asylum seekers had been entitled to a number of @welfare_ie payments, that enabled asylum seekers to access private rental accommodation. Changes to the United Kingdom's approach to dealing with asylum seekers, saw a significant change in Irish policy.
It wasn't just changes in UK law/policy, @DeptJusticeIRL wrote to Minister for @welfare_ie stating that "every immigration service in Europe" was telling Ireland that it's policy of including asylum seekers in its welfare system was causing increased arrivals
We have to be somewhat cautious, in blaming #directprovision on external forces, there were significant accommodation shortages in Dublin. However, protection of the Common Travel Area was seen as essential by Govt. #directprovision was announced as policy in 09/98
Over 1 year later, in Oct. 1999, mainly due to accom shortages in greater Dublin area, the system of dispersal (i.e. asylum seekers who wanted support had to go to an area of the country outside Dublin) was announced #directprovision
The removal of asylum seekers from protections under law passed by the Oireachtas (general social welfare law), by means of administrative circulars and emails so as to estb. #directprovision evidences just how easy it is to displace law, when perceived threats exist
When Community Welfare Officers stated that they were uncomfortable in ignoring the law (asylum seekers entitled to payments under social welfare law), and placing asylum claims within #directprovision- these concerns were dismissed.
It would have been easy for Govt to simply introduce legislative change, and create the system of #directprovision, but even easier to just pretend law doesn't exist in the full knowledge that the Oireachtas and judiciary wouldn't care very much about rights for asylum seekers
While 10/04/2001 is the formal date for the estb. of #directprovision, in reality it operated from about Nov/Dec 2000. However, given that it had not been estb by legislation, some Community Welfare Officers continued to grant rent allowance to asylum seekers until 2003.
That Community Welfare Officers would not ignore the law, and apply policies from circulars/emails, caused significant concern within @DeptJusticeIRL and @welfare_ie and there was extensive correspondence on these issues throughout 2001-2003
However, the shadow welfare system of #directprovision did operate and did grow, and did become the norm. At the end of April 2000, there were 394 people in #directprovision, rising to over 4,000 at the end of April 2002.
It was not until April 2005 that statistics began to be published of duration of time asylum seekers were spending in direct provision. Already by this stage, the length of time in #directprovision should have been concerning.
And over many years, the length of time persons seeking asylum had to remain in #directprovision grew. By 2003, legislation had passed which prevented the payment of rent allowance to asylum seekers. By 2005, entitlement to all social welfare payments had occurred.
Throughout this period, we have examples of the most pernicious forms of social control being used over asylum seekers- but forms of control that law struggles to challenge- what you eat, where you sleep, how you go about everyday living #directprovision
#directprovision (until 2018) there was no access to employment, limited access to education post leaving certificate- so people claiming asylum in #directprovision were expected to survive, without having access to any form of 'life' or 'living'
It took the Supreme Court decision on right to work in May 2017, to provide some form of access to the labour market (which didn't really happen until July 2018), the Govt also placed #directprovision system onto a legislative footing liamthornton.ie/2018/06/27/put…
Attempts to legally challenge #directprovision in 2014/2015 had failed, and on questions of respect for private and family life, the significant control over intimate aspects of your life in direct provision, failed due to not meeting rules of evidence liamthornton.ie/2014/11/17/dir…
Yet, there had been some rays of hope that this decision would lead to other, properly argued, and evidentiary burden met, that #directprovision significantly interfered with private and family life in a disproportionate manner-however such challenges have not emerged.
A case on length of time it was taking to determine asylum claims, resulted in an award of damages- yet this success hasn't resulted in more systemic changes to either #directprovision nor determination of asylum claims liamthornton.ie/2017/02/06/lan…
All in all, this evidences to my mind a legal system wherein human rights can be denied, human dignity debased, and as well as this speaking to legal cultures, it also speaks to political cultures #directprovision
Many political parties (and independents) in the State were fiercely opposed to the system of #directprovision in opposition (@FineGael @Labour @greenparty_ie @fiannafailparty ) yet once in Govt, the system was championed and seen as 'the only way' irishtimes.com/news/crime-and…
Since 2001, we have had countless reports documenting human rights issues with the system of direct provision- yet these reports were often ignored- seen as nothing more than boo-hooing, with politicians confident most people in IRL have no interest in the issue #directprovision
The report by Judge McMahon was prevented from looking at alternatives to #directprovision, but even with its limited remit- it made very few clear recommendations, lots of 'get out clauses' and far from a #yesequality moment proclaimed by some papers.ssrn.com/sol3/papers.cf…
Many of the limited recommendations of the McMahon report remain not implemented, or half implemented, although some important recommendations did result in changes within some (and only some) #directprovision centres
The increases in the #directprovision weekly payment, which happened in March 2019, was firmly based on McMahon recommendations m.welfare.ie/en/pressoffice… (@ReginaDo being the first Minister for @welfare_ie to increase payment through normal budgetary processes)
The 2017 increases in payment to those in #directprovision being just an orchestrated attempt to soften up Leo Varadkar's image prior to his election as leader of Fine Gael (but at least it was there was increase, even though paltry) liamthornton.ie/2017/07/17/und…
Other recommendations from McMahon, regarding oversight, standards and ability to complain to @OCO_ireland & @OfficeOmbudsman at least ensure there is some potential for seeking to ensure/access the limited rights individual's in #directprovision have.
So, #directprovision has now entered its twentieth year. There has been some progress in at least making the system less horrific, less debasing, less dehumanising. This has to be acknowledged. However....
As a society, we still have not had a conversation on the how as a society we can justify years upon years of having others decide what you eat, for most in #directprovision no ability to cook, no ability to just get on with life, even if in Ireland for a short period
Remember, the culture of law, political administration and politics itself, view #directprovision as a success. Do not underestimate the ability of this form of social control to begin to seep into other areas of State, we already have #familyhubs
What can start out as an exceptional measure, directed at only one vulnerable and unpopular societal group, over time becomes extended to other vulnerable and unpopular groups within Irish society #directprovision
So what's the solution....#directprovision ? I don't have one. I look at EVERY SINGLE other EU State and based on this, Ireland at least has a system (albeit now creaking and resulting in even more rights violations) that provides asylum seekers with food, shelter and small €.
That general analysis, must be tempered with one area Ireland is atrocious in, timely decision making as regards whether a person seeking asylum is entitled to protection in Ireland, which results in significant periods in #directprovision
Just looking at the United Kingdom, yes, it often provides asylum seekers with a weekly payment and their own accommodation- but the number of asylum seekers detained is atrocious. #directprovision
In Italy, Greece, (parts of) Germany, France, Spain, Portugal etc, asylum seekers will not get minimum entitlements provided for under EU and domestic law- so most other EU countries just ignore their own self-imposed legal obligations #directprovision
So the next time, people start blathering on about importance of the 'rule of law', remember, this often only relates to those already in positions of power and privilege (like myself), who greatly benefit from that piece of 'ruling class chatter' #directprovision
Those who are newly arrived, those who seek asylum will be blamed for lack of housing, lack of jobs, and a myriad lack of other societal supports, as it suits those in power, and provides easy scapegoats for political failures #directprovision
#directprovision is one of the most significant legal and political failures of Ireland in modern times. We can and must do better, we can and must question the feasibility of casting asylum seekers away and apart from our communities.
I think a starting basis for abolishing #directprovision has to be: to what extent are we prepared to permit people to languish for years, surviving, but not living? Unfortunately, those who will be never subject to #directprovision are those that determine whether it exists.
That other (EU) countries treat asylum seekers less or (more often than not) more horrendously should not be our starting basis in questioning #directprovision In our not too distant past, we had institutions akin to (albeit not the same) as #directprovision
Borstals, mother and baby 'homes', Magdalene laundries, mental institutions, B&Bs and Hotels for the homeless today- Ireland has always, using diff methods, institutionalised those deemed problematic by society, and #directprovision is just the continuation of this.
Those that know most about #directprovision are those that have been subjected to #directprovision, so support organisations like @masi_asylum @SanctuaryRunDub, read and listen to testimonies of those subjected to this system.
If you've never heard of the system of #directprovision before today, then start with @carlobrien , @SineadEOShea and others Lives in Limbo series: irishtimes.com/news/lives-in-…
If you have access to Newspaper archives, then check out @JenniferHRos 's work for the @irishexaminer way way back. Jennifer was to my knowledge the first (and at time only) journalist looking at #directprovision
And on @rtenews , @oconnellbrian has been reporting on the impact of #directprovision on asylum seekers in #directprovision for many years in so many radio reports and pieces!
Some excellent reporting from @thejournal_ie on the system of #directprovision and issues arising now that the system is full to capacity (and has been for some time): thejournal.ie/direct-provisi…
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