The report on refugee policy in other EU states is a very thorough document, running to more than 450 A4 pages, the size of a telephone directory. It examines not only the law in all other EU states and the 1996 Refugee Act but their context in international law.
It makes recommendations for amendment of the Refugee Act, including many already incorporated into Irish law and some which have been opposed by civil liberties and refugee groups here.
These include a recommendation for the fingerprinting of undocumented asylum-seekers in the context of assessing applications under the Dublin Convention. The convention allows the return of asylum-seekers to the first safe country they arrived in.
The report also recommends the deletion of the power of the Minister to reverse a refusal to grant refugee status.
The report follows the legal journey of the asylum-seeker from the determination process through the appeals procedure, taking in such issues as housing, social welfare and family reunification.
It finds that the State falls below the European norm in providing for interpreting services for asylum-seekers and the provisions for unaccompanied minors who arrive seeking asylum.
An interpreter should be provided where necessary, and not where possible, as at present, it says.
Referring to the appeals process, it suggests that it be made clear the the right of appeal to the Refugee Appeal Board involves a full rehearing of the application for refugee status. It also recommends that asylum appeal decisions be published.
It recommends that the power of the United Nations High Commission on Refugees to intervene on behalf of an applicant for asylum be made explicit in the legislation.
It points out that the majority of EU member-states have established detention centres specifically for asylum-seekers and comments that there is an emerging consensus that detention should never take place in prisons. It recommends that this be spelt out in Irish law.
However, it also points out that in seven EU countries reporting and residence requirements are provided for outside of detention centres. This is the situation which exists in Ireland.
It also points out that there are no special psychological counselling services for refugees in Ireland - they do exist in most other EU countries for detained asylum-seekers. Nor does Ireland have any special healthcare centre for the treatment of torture victims, which exist in 10 EU states.
The report finds that the Irish provisions for housing for asylum-seekers are generous. Only two other states provide emergency housing, rent allowances and deposits. Most European states provide housing in reception centres.
This is linked to the question of non-cash payments, or vouchers, it says. Most of the states which have reception centres for asylum-seekers for the initial phase of the procedure provide food and lodging and day-to-day expenses.
It stresses that the voucher system introduced in Britain, where asylum-seekers in their own accommodation receive vouchers instead of cash, is out of step with the European norm.
The report frequently refers to the role of the Refugee Applications Commissioner, who is provided for in the Refugee Act, but does not exist yet as the Act has not been fully implemented.
However, this is about to change and it is now expected the Act will be implemented next month or in May. The Department of Justice, Equality and Law Reform pointed out yesterday that the Act was drawn up when asylum-seekers numbered some hundreds a year, compared with many thousands now.
Therefore, many of the provisions were inadequate and were amended as part of the Immigration Bill last July. These included the appointment of a Refugee Applications Commissioner with the power to delegate, the establishment of a Refugee Appeals Tribunal and a Refugee Advisory Board, and the fingerprinting of asylum-seekers over 14.
Some regulations remained to be made, including provisions for temporary residence certificates, places of detention and conditions of detention, and various documents for asylum-seekers, refugees and family members.
The post of Refugee Applications Commissioner was advertised at the end of January and the post of chairperson to the Refugee Appeals Tribunal is to be advertised in the coming weeks, according to the Department. Both appointments are expected to be made next month or in May, thereby completing the implementation of the Refugee Act.