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Statement by the Ombudsman for Children, Dr. Niall Muldoon encouraging implementation of recommendations of the Working Group on the Protection Process

Dr. Niall Muldoon stated today that it is commendable that the Minister for Justice and Equality and the Minister of State with special responsibility for New Communities, Culture and Equality established a Working Group in October 2014 to identify actions directed towards improving existing arrangements in the processing of protection applications, showing greater respect for the dignity of people in the system and improving their quality of life by enhancing the support and services currently available.

I welcome the recommendations made by the Working Group chaired by Judge Bryan McMahon in its Report on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers.

The expertise and commitment that members of the Working Group brought to their work is evident in the final report, which provides a rigorous review of the protection process and the Direct Provision system. The extensive consultation process undertaken by the Working Group is laudable. Of particular note in this regard are the actions taken by the Group’s members to ensure that their deliberations were informed by the experiences and perspectives of adults and children in the system.

My Office has a long-standing interest in matters relating to the rights and welfare of accompanied and unaccompanied children in Ireland. Accordingly, as Ombudsman for Children, I appreciate the very considerable attention given by the Working Group to the situation of children in the protection process and the Direct Provision system.

In my submission, earlier this month, to the Minister for Justice and Equality, Frances Fitzgerald TD, and the Oireachtas Committee on Justice, Defence and Equality, I broadly welcomed the overall purpose of the General Scheme of the International Protection Bill 2015 to introduce a single application procedure for international protection applicants. One of the recommendations of the Working Group in respect of the General Scheme that I concur with is that the Bill should reflect the general principle that the best interests of the child be a primary consideration in all actions concerning children. I also agree that the Bill should be further scrutinised to ensure the rights of the child to be heard are given sufficient expression and protection. I appreciate the Government’s treatment of this Bill as a priority and look forward to its publication in early autumn.

My Office is very aware of challenges faced by children and families currently in the system. I welcome the constructive, concrete measures recommended by the Working Group for improving key areas of children’s lives. Among the recommendations that I support are the proposed increases in the Direct Provision weekly allowance for adults and children and the improvements proposed in relation to family life for people living in Direct Provision centres; educational supports and opportunities; play and recreation; access to local community services; child safety, protection and welfare; health services and supports for children; and care and aftercare supports for separated children.

I also support the Working Group’s recommendation regarding the establishment of a standard-setting committee to recommend a set of standards for Direct Provision services and the establishment of an independent inspectorate to carry out inspections in Direct Provision centres against the newly approved standards.

The Working Group also considered the matter of complaints relating to services provided in the context of Direct Provision. I believe that implementation of the Working Group’s recommendations regarding the complaints-handling remit of the Ombudsman for Children’s Office will be a very positive step. It will support an independent, impartial and efficient resolution of any issues of maladministration that may arise in relation to children in the system and it should strengthen confidence in the system itself. Accordingly, I hope that implementation of the recommendations regarding my remit will proceed without delay.

The rolling out of the Working Group’s recommendations will be facilitated by the fact that the Group has already considered the financial and human resource implications of its recommendations and that the recommendations were agreed by consensus. I have written to Minister Fitzgerald commending the Working Group’s report and encouraging action to progress implementation of the Group’s recommendations.

Read the Ombudsman for Children’s observations on the General Scheme of the International Protection Bill 2015