Author
Overcrowding and overall conditions
Direct Provision has been under intense scrutiny since its inception in 2000 for the conditions imposed on residents, exacerbated by the fact that systemic delays in the asylum procedure result in people spending far longer in Direct Provision than was originally intended by the State. The system of Direct Provision has been criticised by numerous prominent organisations including the Irish President, Michael D. Higgins, the Ombudsman for Children,[1] the Irish Human Rights and Equality Commission, the Special Rapporteur for Children, and the Council of Europe Human Rights Commissioner,[2] as well as UN Treaty Bodies such as the United Nations Committee on Economic, Social and Cultural Rights[3] and the Committee for the Elimination of Racial Discrimination.[4] Most importantly, people in the protection process themselves have also criticised conditions in Direct Provision. For example, Movement of Asylum Applicants Ireland (MASI) gave detailed criticism of conditions via social media and in their submission to the Joint Oireachtas Committee on Direct Provision in 2019.[5]
Since 2017, the Ombudsman has jurisdiction to hear complaints from residents of accommodation centres regarding the conditions of facilities amongst other matters.[6] The Ombudsman received a total of 65 complaints from residents in Direct Provision in 2021.[7] This compares with a total of 99 complaints in 2020.[8] 52 complaints were made against IPAS in 2022. 23 such complaints related to accommodation, 20 to transfers, 7 against centre staff, 1 regarding facilities, 1 in relation to complaint handling and 1 about mail not being correctly redirected.[9] Six further complaints were made against Direct Provision centres, of which 2 were regarding accommodation, 2 were in relation to transfers and 2 against centre staff.[10] Three complaints were made against the HSE by Direct Provision residents, while 3 complaints were issued against the Department of Social Protection and 1 complaint against Dublin City Council.[11]
In 2023 the Office of the Ombudsman received 90 complaints from international protection applicants living in state provided accommodation regarding direct provision accommodation. 78 complaints were made regarding the International Protection Accommodation Service, while 8 complaints were made regarding accommodation centres and 3 complaints Ukraine Crisis Temporary Accommodation Team. 44 of the complaints made related to the standard of accommodation, 22 related to transfers from one IPAS accommodation centre to another and 4 complaints were made regarding centre staff. The Ombudsman upheld 10% of complaints and provided some form of assistance in a further 45% of complaints. 45% of complaints were not upheld.[12] Data in respect of 2024 was not available at the time of publication.
In appropriate cases, the Ombudsman’s office engages with the relevant Government Department or agency to resolve the situation for the individual complainant concerned and in order to avoid any future similar issues arising.
The onset of the COVID-19 pandemic further highlighted the unsuitability of Direct Provision as a means of accommodating asylum applicants. As a congregated setting, individuals in Direct Provision share intimate spaces, including bathrooms, dining areas, communal living spaces and laundries. This means that social distancing was near impossible at the majority of centres.
Quality of food and lack of self-catering provisions
In approximately half of Direct Provision Centres, residents receive all meals and are not permitted to cook for themselves.[13] In relation to food, the McMahon Working Group in 2015 recommended that IPAS should: (a) engage a suitably qualified person to conduct a nutrition audit to ensure that the food served meets the required standards including for children, pregnant and breastfeeding women, and the needs of those with medical conditions affected by food, such as diabetes; and (b) include an obligation in new contracts to consult with residents when planning the 28 day menu cycle.[14]
The final National Standards presented in August 2019 include a theme on food in order to improve the quality, diversity and cultural appropriateness of food provided in accommodation centres:
- Food preparation and dining facilities should meet the needs of residents, support family life and be appropriately equipped and maintained;[15]
- The service provider commits to meeting the catering needs and autonomy of residents, which includes access to a varied diet that respects their cultural, religious, dietary, nutritional and medical requirements.[16]
According to the Government’s progress report on the recommendations of the Working Group Report, 15 of 33 accommodation centres under contract in 2017 had “some form of personal catering’, ranging from ‘fully fitted kitchens … for reheating food and preparing breakfast to communal cooking stations.”[17] The report also indicated that work was ongoing to commence pilots for fully independent living that would “include home cooking within the family accommodation units in some instances and access to communal cooking stations for residents in others.” By the end of 2019, over half of all residents in direct provision centres had access to cooking facilities, self-cooking and residents’ shops had been established at 18 centres, compared to eight at the end of 2018.[18] This increase is due to IPAS implementation of changes in its approach to contracting. Unless centres comply fully with the McMahon recommendations to provide self-cooking facilities and residents’ shops, no contracts for permanent centres are awarded, or existing contracts renewed.[19]
As the rolling out of IPAS’ contract programme is on a regional basis, centres in some regions are getting cooking facilities before those in other places.[20] The Department of Justice stated in August 2019 that “[t]he aim is to have all residents in commercial centres benefitting from independent living (cooking facilities and onsite food hall) by the middle of next year through the ongoing regional procurement process for accommodation centres.”[21] In respect of the seven state-owned accommodation centres, as of July 2019, independent living had already been introduced in Athlone and the Department of Justice had initiated discussions with the Office of Public Works regarding the implementation of independent living in the six remaining state-owned accommodation centres.[22] As of October 2020, approximately 52.1% (4,901 of 9,404) of contracted beds in Direct Provision accommodation centres have access to independent living facilities. In respect of the seven state-owned accommodation centres, Athlone remains the only centre in which independent living facilities have been implemented.[23] Data in respect to independent living facilities since 2021was not available at the time of updating.
During 2019, the Ombudsman received six complaints concerning food, down from nine in 2018.[24] This reduction was attributed to the establishment of self-cooking and residents’ shops at ten centres in 2019. The lack of communication and engagement of centre’s management with residents was identified as the cause of most complaints presented regarding food in Direct Provision centres.[25] The Ombudsman received two complaints relating to food in 2020.[26] No complaints on the matter were received in 2021 or 2022.[27] Data in respect of complaints regarding food throughout 2023 and 2024 was not available at the time of publication.
All contractors of accommodation centres have the contractual obligation to provide residents with culturally appropriate food options.[28] The menus prepared have to meet the reasonable dietary needs of the different ethnic groups of residents and the reasonable prescribed dietary needs of any person accommodated at the centre.[29] It is also a contractual obligation to provide a 28-day menu and to consult residents on it.[30] In addition to this, a vegetarian option must be included in menus and all food products provided must have a traceability system that complies with food safety requirements.[31] IPAS’s House Rules and Procedures document states that, where possible and practical, an accommodation centre will cater for ‘ethnic food preferences’ and the centre will provide tea and coffee making facilities, and drinking water, outside normal meal times.[32] However, complaints about the quality and presentation of food persist across centres, particularly in respect of food served at emergency centres.[33]
Length of stay
One of the primary issues with Direct Provision is the length of time people spend living in a system that was initially conceived to accommodate people for a maximum of six months while their application was processed. The poor standard of accommodation, combined with an asylum procedure riddled with systemic delays (see Regular Procedure: General), led to a reception environment that has forced people into circumstances of idleness, and exacerbated trauma and mental health issues.[34] As a result, the system has been subject to national and international scrutiny.[35]
Research has demonstrated that even where applicants are eventually granted status, they face a number of difficulties transitioning out of Direct Provision and into independent living due to the length of time they have spent out of the workforce, with limited opportunity for personal or professional development. This, combined with limited economic resources and Ireland’s ongoing employment and housing shortages, has led to a significant challenge for people attempting to leave Direct Provision (see Content of Protection: Housing).[36]
Data regarding the average length of stay in Direct Provision for 2024 was not available at the time of updating.
[1] Ombudsman for Children’s Office, ‘Special Report: Safety and Welfare of Children in Direct Provision’, October 2023, available: here.
[2] Council of Europe Commissioner for Human Rights, ‘Ireland: Secure dignified accommodation for all refugees and asylum seekers through a government-wide approach’, 17 May 2023, available: here.
[3] United Nations Committee on Economic, Social and Cultural Rights, ‘Third periodic reports of States parties due in 2007 – Ireland’, 9 June 2015, available: here.
[4] Committee on Elimination of Racial Discrimination, ‘Concluding Observations of the Committee on the Elimination of Racial Discrimination’, 11 March 2011, available: here.
[5] Movement of Asylum Seekers in Ireland (MASI), Submission to Justice & Equality Joint Committee, 27 May 2019, available: here.
[6] Ombudsman, ‘The Ombudsman and direct provision’, available: here.
[7] Ombudsman, The Ombudsman & Direct Provision: Update for 2021, March 2022, available: here.
[8] Office of the Ombudsman, March 2023.
[9] ibid.
[10] ibid.
[11] ibid.
[12] Office of the Ombudsman, ‘Annual Report 2023’, 11 January 2025, available: here.
[13] Advisory Group on Direct Provision, Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process, 21 October 2020, available: here, 118.
[14] Working Group to report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, Final Report June 2015, para 4.102, 174.
[15] Department of Justice and Equality, Final National Standards, 15 August 2019, available: here, Standard 5.1.
[16] ibid, Standard 5.2.
[17] Department of Justice, Third and Final Progress Report on the Implementation of the Report’s Recommendations, June 2017, available: here, 9.
[18] Department of Justice and Equality, Spending Review on Direct Provision, 15 August 2019, available: here.
[19] Ombudsman, ‘The Ombudsman & Direct Provision: Update for 2019’, April 2019.
[20] ibid.
[21] Department of Justice and Equality, Spending Review on Direct Provision, 15 August 2019, available: here.
[22] Minister for Justice and Equality, Reply to Parliamentary Question No 921, 23 July 2019, available: here.
[23] Advisory Group on Direct Provision, Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process, 21 October 2020, available: here, 118.
[24] Ombudsman, ‘The Ombudsman & Direct Provision: Update for 2019’, April 2020, available: here.
[25] ibid.
[26] Ombudsman, ‘The Ombudsman & Direct Provision: Update for 2020’, March 2021, available: here.
[27] Ombudsman, ‘The Ombudsman & Direct Provision: Update for 2021’, March 2022, available: here.
[28] Minister of State at the Department of Justice and Equality, David Stanton, Reply to Parliamentary Question No 970, 23 July 2019, available: here.
[29] Ibid.
[30] Minister of State at the Department of Justice and Equality, David Stanton, Reply to Parliamentary Question No 970, 23 July 2019.
[31] Ibid.
[32] RIA, House Rules and Procedures, available: here.
[33] Information provided by Irish Refugee Council, Information and Advocacy Service, February 2024.
[34] Information provided by Irish Refugee Council, Feburary 2024.
[35] See e.g. Ombudsman, The Ombudsman & Direct Provision – the story so far, January 2018, available: here; United Nations Committee on the Rights of the Child, Concluding observations on the combined third and fourth periodic reports of Ireland, CRC/C/IRL/CO/3-4, 1 March 2016, available: here.
[36] Dr. Muireann Ní Raghallaigh, Maeve Foreman and Maggie Feeley, Transition: From Direct Provision to life in the Community, June 2016, available: here.