Ireland’s human rights watchdog has launched High Court proceedings against the Government over its failure for the second time this year to provide accommodation to all international protection applicants.
This is the first time the state-funded Irish Human Rights and Equality Commission (IHREC) has invoked its powers, granted by statute, to initiate a legal action concerning the human rights of a person or class of people.
The State announced on December 4th that, despite intensive efforts to source emergency sites, it could no longer provide accommodation to all newly arrived male applicants due to the large number of arrivals from Ukraine and elsewhere in recent years.
The High Court has already ruled that an Afghan man’s fundamental right to human dignity was breached by the State’s failure to provide him with “material reception conditions”, including accommodation, shelter, food and basic hygiene, when he arrived here in February.
The commission, which was established under a 2014 Act, sought to distinguish its case from earlier ones, which were brought by individual international protection applicants left homeless.
Here, the IHREC is challenging the “system” and is seeking mandatory orders that would require the Minister for Equality and Integration to establish a system that vindicates the fundamental rights of international protection applicants, the commission’s senior counsel, Eoin McCullough, told the court on Thursday.
The 259 applicants currently without shelter have been offered €113.80 per week, which, although higher than the previous €38.80, is not enough to secure accommodation, he added. The men are also directed to places offering sleeping bags and tents, if required.
In a sworn statement to the court, the IHREC’s chief commissioner, Sinéad Gibney, said the commission very carefully considered the matter before deeming it essential to bring this case.
She said the commission’s functions, as established by the 2014 Act bearing its name, include protecting human rights and equality and working towards the elimination of human rights abuses, discrimination and prohibited conduct.
The commission has “very grave concerns” about the “very serious and persistent breach” of the human rights of affected newly arrived applicants, she said.
“It is clear the problem is of a systemic and persistent nature, affecting the most fundamental rights of a particularly vulnerable class of persons,” she added.
The State first announced in January 2023 that it couldn’t house all of the single men who arrived here. It was several months before all new arrivals were being accommodated.
Turning to the second phase of acute shortage, Ms Gibney said 147 applicants were awaiting offers of accommodation as of December 12th, and this figure rose to 259 within the space of one week.
The commission has engaged “intensively” with organisations working with homeless applicants and now believes their basic needs are not being met, despite the increased weekly allowance, she said.
Ms Gibney said she contacted the Minister about the shortfall and was told he was aware of the urgency and gravity of the situation. In correspondence, the Minister said the weekly allowance was increased in light of the High Court’s findings in the Afghan’s case and this has been assessed to be sufficient to meet applicants basic needs.
She said the Minister also pointed to the non-financial supports available to affected people, including NGOs working on the ground.
The Minister implied the commission would be acting outside its powers by bringing proceedings due to the nature of the State’s obligations that are under challenge, she said.
Ms Justice Niamh Hyland heard the application for leave on an urgent basis while only the commission was aware of the move.
She was satisfied there were “arguable” grounds to warrant her permitting the case to be brought in the High Court against the Minister, Ireland and the Attorney General.
She adjourned the case to January 23rd, which, she said, should be enough time for the State parties to consider the position they will take.
