You can find my preliminary analysis of the McMahon Report on the Protection Process and Direct Provision System here.
You can access the McMahon Report here.
The Working Group Report on the Protection System and Direct Provision (McMahon Report)report was released on June 30 2015. The McMahon Report provides a significant number of recommendations on the protection process in Ireland and the system of direct provision.[1] That changes would be occurring to the protection process and the system of direct provision were hinted at in July 2014. The Statement of Government Priorities 2014-2016 outlined the need to
“address the current system of direct provision…to make it more respectful of the applicant and less costly to the tax-payer”.[2]
There was also a commitment to establish a single procedure for asylum applicants. The publication of the Heads of the International Protection Bill in March 2015 (before the Working Group reported) has indicated Government willingness to move the single procedure forward. However, the Working Group seems overly ambitious in estimating that the single procedure will be in place and operational by 01 January 2016.[3]
After consultation with Non Governmental Organisations (NGOs) in September 2014,[4]the terms of reference and membership of the Working Group was announced on 13 October 2014.[5] The terms of reference of the Working Group were:
“Having regard to the rights accorded to refugees under the 1951 Geneva Convention Relating to the Status of Refugees and bearing in mind the Government’s commitment to legislate to reduce the waiting period for protection applicants through the introduction of a single application procedure,
to recommend to the Government what improvements should be made to the State’s existing Direct Provision and protection process and to the various supports provided for protection applicants; and specifically to indicate what actions could be taken in the short and longer term which are directed towards:
(i) improving existing arrangements in the processing of protection applications;
(ii) showing greater respect for the dignity of persons in the system and improving their quality of life by enhancing the support and services currently available;
ensuring at the same time that, in light of recognised budgetary realities, the overall cost of the protection system to the taxpayer is reduced or remains within or close to current levels and that the existing border controls and immigration procedures are not compromised.”
The Working Group commenced work on its report on 10 November 2014.[6] The McMahon Report emerged over eight plenary meetings, with the sub-groups identified below meeting on 38 separate occasions.[7] The limitations on the terms of reference were accepted by NGO representatives at the first meeting. The McMahon Report notes that:
“organisations advocating an end to direct provision, and who may be disappointed in this limitation, had accepted their appointment on the basis of the terms of reference”.[8]
The core issue identified by the Working Group was “length of time” in the protection process and length of time protection applicants were subject to the system of direct provision.[9] An Agreed Work Programme was set out, with members decided which sub-group they would be part of (and could be part of all sub-groups if they so wished):[10]
- Theme 1: Improvements within direct provision;
- Theme 2: Improvements to ancillary supports for those in direct provision
- Theme 3: Improvements in the determination process for protection applicants.
Overall, the Report contains a mix of significant recommendations on the protection process and processing of asylum claims.[11] However, I argue, there are significant concerns with the recommendations that have emerged as regards direct provision accommodation and supports for asylum applicants.[12]
Pic Credit: Merrion Street
[1] For a glossary of core terms that will be used as regards immigration status in this analysis, see Thornton, L. Glossary of Terms: Irish Asylum Law (UCD, 2013).
[2] Department of An Taoiseach, Statement of Government Priorities 2014-2016 (July 2014), p. 9.
[3] Working Group report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers (hereinafter the McMahon Report), paras 66, 6.17, 6.31, 6.39 and 6.46.
[4] 18 September 2014: Consultation with NGOs as regards terms of reference for the Working Group and other aspects of the protection process.
[5] Department of Justice and Equality, Terms of Reference and membership of the Working Group (October 2013).
[6] Working Group report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers (hereinafter the McMahon Report), para. 6.
[7] McMahon Report, para. 20.
[8] McMahon Report, para. 8.
[9] McMahon Report, para. 3 and Appendix 6.
[10] McMahon Report, para. 4 and Appendix 1.
[11] See generally, Chapter 3 of the McMahon Report.
[12] See generally, Chapter 4 and Chapter 5 of the McMahon Report.
Liam Thornton 