Calls for deaths in direct provision to be investigated like deaths in prison system

Nick Henderson, CEO of the Irish Refugee Council, says deaths in direct provision accommodation need to be investigated like those in the prison system are.

Deaths which occur in direct provision should be investigated in a similar manner to deaths in the prison system, the Irish Refugee Council has said.

Vulnerability assessments should also be carried out for those seeking asylum, and Ireland is currently flouting EU law by not doing this, according to Nick Henderson, CEO of the Irish Refugee Council.

Mr Henderson said other than a coroner's investigation in the case of sudden or unexplained death, there is no investigation by the Department of Justice.

This contrasts to the prison system, where the Office of the Inspector of Prisons publishes death in custody reports, which are publicly available.

"When somebody seeks protection in Ireland, they are in the care of the state, and are placed in accommodation that is either run or contracted out by the state. Therefore, there is a line of responsibility between somebody's care and support and the Irish state," Mr Henderson said.

"Consequently, if someone dies while living in direct provision, there should be an open investigation to establish if there were any issues, shortcomings or failures."

Mr Henderson added that in December of last year, the United Nations Committee on Elimination of Racial Discrimination reviewed Ireland's anti-racism practices, and said that the department should "ensure transparency" around deaths in the system, and publish data on deaths in direct provision centres. So far, the department has not done this.

Vulnerability assessments, which determine if there are any special reception needs the applicant has due to a vulnerability, are supposed to be carried out in line with an EU Reception Conditions directive issued in July 2018. 

"That hasn't been implemented formally," Mr Henderson said. 

"The state doesn't know who is vulnerable. It is left to the person themselves or support organisations, to identify and help people."

Department fails to disclose the number of deaths in direct provision last year

A man living is believed to have died while living in a direct provision centre in Treacy's Hotel in Carrickmacross last month. Pic: Hotels.com

The Department did not respond when asked how many deaths occurred in direct provision in 2019 and to date in 2020. They also did not comment when asked if they were going to follow the United Nations' recommendation to publish data on deaths in direct provision centres.

The department said all deaths and serious incidents which occur within accommodation centres provided by the International Protection Accommodation Service (IPAS) are referred to the gardaí who, in turn, refer all deaths to the local coroner.

They did not comment when asked if the Department investigates deaths, similar to the prison system.

Discussions are ongoing between the department and the HSE to enable formal vulnerability assessments by the end of the year.

Currently, if a protection applicant chooses to accept an offer of accommodation from the department, they will be first brought to the National Reception Centre in Balseskin, Dublin, where they "will be offered a health assessment by the on-site HSE team which comprises a nurse, nurse specialist, area medical officer, general practitioners (GPs), social worker and psychologist", a spokesperson said.

"Safetynet, a primary care health service, carries out health screening, on behalf of the HSE, in a number of the temporary accommodation locations currently in use by the department," they added.