Direct Provision

Direct Provision was originally introduced as an emergency measure in 1999.[4] In 2002 there were almost 12,000 applications for asylum. At the start of 2014, there were 4,360 people in direct provision, with more than 3,000 people having been in the system for two or more years. At the same time, there were more than 1,600 people who have spent five or more years in direct provision.[5]

There were 5,096 men, women and children, including 801 families, living in the 34 direct provision centres across 17 counties in Ireland by the end of December 2017.[1]

The length of time people spend in Direct Provision has been criticised by human rights watchdogs, with the Irish Human Rights and Equality Commission calling the delays faced by asylum applicants as "systemic and pernicious."[6]

In CA v. Minister for Justice and Equality and others, a claim was made that Direct Provision was "inhuman and degrading", asserting that the system is illegal under both the Irish Constitution and the European Convention on Human Rights, and all other international human rights conventions that Ireland has subscribed to.[7] This case was vigorously defended by the State on all grounds, including on the basis that it fulfills Ireland's obligations, that it is broadly in line with (and in many cases better than) the situation in other EU states, and that at a time of competing calls for finite resources, it was not feasible for the State to grant the right to work, access to full social welfare and access to the public housing and/or rent supplement to asylum seekers.

Delivering his judgement on 14 November 2014, Justice Colm Mac Eochaidh found against the appellants on the substantive point of "inhuman and degrading treatment", but struck down the rules at that time regarding unannounced room inspections; the sign-in requirement; the requirement to notify intended absence; the rules on visitors and the lack of an independent complaints procedure.[8] Those points were subsequently addressed.[9] The Irish Government's Special Rapporteur on Child Protection, Dr. Geoffrey Shannon, has called it "institutionalised poverty". As of March 2019 adults receive €21.60 per week and children €21.60. Some centres have cooking facilities, but the majority have canteen style eating halls. These have been criticised both for the quality of food, and for the attitude of the canteen workers when it comes to accommodating specific dietary needs.[10] Many child asylum seekers have been sent here alone while some are born into the direct provision life and that is all they have ever known.[11] In June 2014, there were more than 1,000 asylum cases waiting to be heard in the High Court.[12] The Irish Refugee Council has reported that young people living in Direct Provision centres are more prone to depression and suicide, and in the case of three young people in particular, aged between 11 and 17, stated "for different reasons, these three young people have all expressed the view that they can’t see the purpose of living."[13]

According to responses to parliamentary debates and the RIA,[14] the majority of adults in Direct Provision have had their initial asylum applications rejected and are either appealing this or seeking to remain in Ireland under other criteria.

On October 31 2018 Donnah Sibanda Vuma asked staff at the Direct Provision centre in Knockalisheen where she resided for bread and milk for her sick child.[15] The staff refused and told her that they had strict instructions not to give any food outside of canteen hours.[15] The Department of Justice and Equality said that the Reception and Integration Agency said it was because of a miscommunication involving a new staff member.[15] The Department of Justice described what happened as "regrettable".[15] Donnah Vuma was living at the centre with her children for four years and had previously criticised Direct Provision centres for refusing to allow residents to use cooking facilities.[15]

In 2020, Direct Provision was widely criticised as not conducive to the COVID-19 restrictions on social distancing, self-isolating, and cocooning for those living in its Centres. In particular groups have highlighted the impact on children when there is no access to outdoor or leisure spaces, and the shared facilities with numerous other residents.[16] Some advocacy groups such as Movement of Asylum Seekers in Ireland have been involved in Black Lives Matter protests and demonstrations in Ireland highlighting the treatment of people of colour in Direct Provision.[17] Taoiseach Leo Varadkar responded by commenting that there was no direct comparison between the deaths of black people in the United States and the experiences of those living in Direct Provision.[18]