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Number of unaccommodated IPAs rises significantly, since High Court judgment in August found that the State had breached their human right to dignity.

The Irish Human Rights and Equality Commission (‘the Commission’) appeared before the High Court today, in a hearing to finalise Court orders arising from a case it took in its own name. The case related to a large group of International Protection Applicants (‘IPAs’), left unaccommodated by the State when they presented, seeking asylum. The case resulted in the Court declaring, ten weeks ago, that the men had had their right to human dignity breached by the State, through its failure to provide for their basic needs. When the Commission began its case in December 2023, there were 259 IPAs left unaccommodated. By the time of hearing of the case in May, that number had risen to 1715. As of this week, it stands at 2822. During this morning’s hearing, the Commission outlined its strong dissatisfaction with the lack of progress made by the State since the judgment was delivered. Despite what the High Court said in August regarding several crucial issues, where the State’s actions were lacking - including access to adequate financial assistance, hygiene facilities and appropriate food – these have not been addressed by the State. Since the judgment, the Commission has regularly informed the State of its concerns about the well-documented and very real dangers faced by IPAs when sleeping rough on our streets. While the case has now concluded, little progress has been made by the State. The Commission remains concerned that the numbers of unaccommodated IPAs continues to escalate, notwithstanding a clear Court order that fundamental rights had been breached, as well as the Court expressing its clear expectation that the State would not ignore its obligations (paragraph 262 of the judgment).  The Court indicated that new High Court proceedings will be necessary, should the Commission wish to pursue any inaction by the State to remedy the situation following the High Court judgment in August. Michael O’Neill, Head of Legal at the Commission said:

“These proceedings would never have been necessary if the State had complied with its legal obligations to provide international protection applicants with their basic needs.  It is unacceptable that, ten weeks on from this important ruling, so little has been achieved by the State.  The High Court made its ruling on the premise that the State would act.  The Commission now regards this as raising a worrying rule of law issue. There are real people at the heart of this issue who are seeking protection. Instead, they are exposed to the elements, to hunger, a lack of washing facilities, and other basic needs, in some cases for months, alongside an ongoing threat to their personal safety. This is ultimately a human emergency and we call on the State to meaningfully engage with this issue once and for all, to ensure that not one refugee finds themselves in this situation.”

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Editor Notes

Here, you can access the full judgment by the High Court in the case, made on the 1 August 2024, and you can read our press release from this time. For further information, please contact: Sarah Clarkin, IHREC Communications Manager, 01 852 9641 / 087 468 7760 sarah.clarkin@ihrec.ie Follow us on twitter @_IHREC The Commission’s engagement on the rights of IPAs Since January 2023, the Commission has consistently raised its concern regarding the issue of the lack of provision for the basic needs for International Protection Applicants. It has sought to address this through various mechanisms, including writing to the Minister on a number of occasions, as well as several public statements setting out its concerns.

The Power of the Commission to Initiate Proceedings The Commission’s function under section 10(1) of the 2014 Act include

  • to protect and promote human rights and equality
  • to encourage the development of a culture of respect for human rights, equality and intercultural understanding in the State,
  • to promote understanding and awareness of the importance of human rights and equality in the State,
  • to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person, and
  • to work towards the elimination of human rights abuses, discrimination and prohibited conduct.

In furtherance of these functions, the Commission has the power “where is sees fit, to institute proceedings under section 41 or section 19 of the Act of 2003, as may be appropriate.” Section 41 of the 2014 Act provides:

  • The Commission may institute proceedings in any court of competent jurisdiction for the purpose of obtaining relief of a declaratory or other nature in respect of any matter concerning the human rights of any person or class of persons.
  • The declaratory relief the Commission may seek to obtain in such proceedings includes relief by way of a declaration that an enactment or a provision thereof is invalid having regard to the provisions of the Constitution or was not continued in force by Article 50 of the Constitution.

The Irish Human Rights and Equality Commission

The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State. The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.