James Geoghegan

Overall sentiment: 0.20
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I acknowledge the work that has gone into this Bill. There are two issues I want to raise in respect of it, both of which the Minister is very familiar with. When Simon Harris was elected Taoiseach in April 2024, one of the first pressing concerns he faced was what was effectively a humanitarian crisis taking place on Mount Street because of the proliferation of international protection applicants who simply did not have anywhere to reside. To cut a long story short, agencies that perhaps were not working together started working together and a system developed involving Dublin City Council, IPAS, the IPO and An Garda Síochána working hand in glove. Over the long term, because of the work of the Minister and his predecessor and the fact that we have moved IPAS back under the umbrella of the Department of Justice, Home Affairs and Migration, largely speaking, there is sufficient accommodation for international protection applicants. Yet it is still the case, and the Minister will be familiar with this, that in our own constituency, individuals arrive at Mount Street and well-meaning volunteers provide them with tents while they wait to be provided with accommodation. Very often that accommodation is found within 24 to 48 hours, yet these individuals are settled in tents in public parks in our area, which are not appropriate places for international protection applicants to be. In addition to the humanitarian crisis, this is what ultimately instigated the changes we saw. If legal change is necessary to ensure that a place can be found for an international protection applicant when he or she arrives at Mount Street at whatever hour of the day, let us make that change. If it is an administrative change that is needed, let us make that change too, because there is no longer a reasonable excuse for or logic behind why an international protection applicant should be in a tent in a public park in any area of the city. The second issue I wish to raise, which is perhaps more substantive and relevant to the Bill, is age assessment. It was reported in The Sunday Times that, in submissions on the Bill, the Minister for Children, Disability and Equality and the Minister for Health expressed misgivings regarding age assessment. I want to put on the record of the Dáil what was reported in respect of the Department of Children, Disability and Equality. What was reported was that the Minister for Children, Disability and Equality and her Department said that, given the clear legal requirements for the presumption of minority, any delay in the undertaking of the age assessment process greatly increased the serious risk of adults being placed in accommodation with unaccompanied minors. It was further noted that there do not appear to be provisions in the Bill for the undertaking of a preliminary age assessment process that may support the identification of persons falsely claiming to be minors, a number that is rising year on year. The Minister went on to say that the application of a robust and timely age assessment process that prevents the placing of adults with unaccompanied minors in State accommodation requires strong consideration and needs to be clearly addressed within the Bill's provisions. The Minister for Health's concerns related to her Department. What was reported was that she would welcome clarification of the legal basis on which medical data arising from a preliminary health assessment may be accessible to the Minister for Justice, Home Affairs and Migration or a tribunal. The Minister went on to reportedly state that she had concerns about the proposed assessments to determine the age of an applicant and that, in particular, a medical examination to determine age is not considered a reliable method of age verification and may represent a waste of health resources. There is no question that age assessment is a complex issue and there is no silver bullet to get an absolutist outcome. What is abundantly clear, and what was clear to me and every other member of the Committee of Public Accounts, is that Tusla is very concerned about the rising number of unaccompanied minors, its responsibilities relating to them and the timeliness with which age assessment referrals it makes to the Department of Justice, Home Affairs and Migration are returned to it. I have a principal concern, which is that there is this legal obligation of assuming the person is a minor. Tusla's responsibilities are exceptionally different from those of the IPO, the statutory function of which is to assess whether the person has a valid entitlement to make an application for international protection in the first instance. The job of Tusla is to look after every child in this State irrespective of nationality. I do not think it is appropriate that, for the past number of years if not longer, unknown to many Members of this Oireachtas, the Department of Justice, Home Affairs and Migration has effectively outsourced age assessment to Tusla, notwithstanding the fact that the intention of the Oireachtas in the existing legislation has been that this role and statutory function would remain vested in the Department. The Department is effectively relying on social workers employed by Tusla who carry out these age assessments. Why is this so important? We know it is so important because the risk of adults mingling in child settings is a significant one. Members do not need me to point to recent incidents about why that is so serious. Children being placed in adult-only sections of accommodation is also a concern. It does not matter where one is from. We have an absolute obligation to look after children in this country. It is also clear that, for whatever reason, the number of unaccompanied minors seeking international protection, and I am sure the statistics are not unique to Ireland, is growing. We have a responsibility to those children. We have a responsibility to ensure that, if somebody is seeking international protection, if he or she is being handed over to Tusla, which has an additional ratio of staff or carers, he or she is actually a child and meets the requirement. It is impossible for the Oireachtas Committee on Justice, Home Affairs and Migration to adequately scrutinise the provisions of this Bill in the absence of draft regulations. When this Bill comes to Committee Stage, the members of the committee should have access to the regulations the Minister intends to propose. I am not a member of this committee but I think it should hear from Tusla regarding its views on the provisions because we really only have one chance to get this right. Issues arising from age assessment challenges for Tusla have been festering for a number of months if not over a year, and this is the chance to get it right, to get it right in this legislation. What is so important is that the Minister and the Department hear from the Department of Children, Disability and Equality, the Department of Health and Tusla to get this Bill right.

Sentiment score: 0.20