Roadmap-to-Integration-2013-FINAL

Roadmap to Integration2013

Authors:

Peter SzlovakB.A. LL.M.

Killian FordeM.B.A.

Ian McCaffertyB.A. M.A.

The Integration Centre is a non-governmental organisation which is committed to the integration and inclusion of people from immigrant backgrounds in Ireland.

The Centre specializes in planning, monitoring and advocacy at city, local, national and international levels. Evidence-based research influences positive change in legislation, policy and practice. We have more than 250 affiliated organisations as part of our network.

VISIONOur vision is that Ireland is an inclusive society where immigrants and their families are fully and equally involved.

MISSIONOur mission is to promote the integration and inclusion of immigrants by providing a credible voice and trusted resource that shapes a national vision of policy good practice and its implementation.

17/12/2013 © 2013 The Integration Centre – Republic of Ireland Limited

The Integration Centre is a registered charity – CHY No. 18944

For any enquiries, or to obtain additional copies of the Roadmap To Integration 2013, please contact:

The Integration Centre, 20 Mountjoy Square East, Dublin 1, Ireland.

Tel: +353.1.6453070

Email: [email protected]

Web: www.integrationcentre.ie

The Road Map was authored by the staff and board of The Integration Centre.

The Integration Centre grants permission for the reproduction of quotations from this text, provided due acknowledgement of the source is made. This publication may be reproduced in full or in part if accompanied by the following citation: The Integration Centre Integration Report Card 2013.

3

5

CONTENTS

Acknowledgements 6

Introduction 7

The Roadmap 8

Chapter 1 - BUSINESS & EMPLOYMENT 9

Chapter 2 - POLITICAL PARTICIPATION 11

Chapter 3 - HEALTH 14

Chapter 4 - EDUCATION 16

Chapter 5 - TRAINING & UP-SKILLING 20

Chapter 6 - POLICING & JUSTICE 22

Chapter 7 - POVERTY & HOUSING 24

Chapter 8 - LEGAL CITIZENSHIP & RESIDENCY 26

Chapter 9 - CIVIC PARTICIPATION 28

Top 10 - Solutions for Implementation by year end 2014 29

Notes 30

6

ACKNOWLEDGEMENTS

We wish to thank all those who contributed to researching and compiling this report.

Thanks are due to a variety of stakeholders in the migration and equality sector both for informing this piece of work and more generally their continued efforts in the field of social inclusion. Without the support of these organisations neither the work that we do nor Ireland’s integration landscape would be what it is today.

Special thanks to our donors The Atlantic Philanthropies and The One Foundation without whom none of this work would be possible.

7

This is the third annual Roadmap to Integration produced by The Integration Centre.

The new edition continues to provide the opportunity to show movement in policy over time.

Over the past year, the education sector has witnessed a number of positive changes such as

}The abolishment of waiting lists in schools which put newcomer students at a disadvantage in urban areas

}The requirement of schools to develop an anti-bullying policy which includes identity-based (racial) bullying

}The possibility for non-EU students to change their fee status if they receive citizenship during their studies

The increase in foreign born recruitments to the Garda Reserve has been a welcome development. In addition, the new Irish Equality and Human Rights Commission’s appointment of a person with a migrant background among its Board members was another positive step. The progress made by the Migrant Consultative Forum in social welfare matters is a testimony to how a consultative approach can achieve improved service provision for migrant communities. Lastly, it is to be celebrated that thousands of foreign nationals have been granted citizenship at ceremonies where they now also receive information on their voting rights; a key aspect of Active Citizenship.

Key concerns remain however. The Admission to Schools Bill 2013 has retained the exemption specified in the Equal Status Act 2000 that allows school to give preferential treatment to students on the basis of religion. Racism is still not fully captured by current official recording mechanisms and the current legislative approach does not - aside from narrowly defined cases of acts of incitement - give adequate consideration to racial motivation throughout the criminal procedure. While it is a positive sign that the Justice Committee sought submissions on this and other integration-related issues, it is essential that their review leads to tangible changes. On the whole, The Integration Centre repeats its call for forward thinking leadership and inclusive decision making processes, both at local and national levels, to ensure a positive integration infrastructure in Ireland.

As with last year’s report, this Roadmap identifies the main blocks to immigrant integration in Ireland. Solutions are posited to problems and those responsible for putting these in place are indicated.

The Annual Monitoring Report on Integration 2012 was published by The Integration Centre earlier this year. The AMRI provided an analysis of integration in Ireland which fed into the Roadmap to Integration 2013.

Dissent and discussion is a key indicator of a well-developed and integrated society; debate therefore on all of the topics covered is not only welcomed but encouraged.

Finally, The Integration Centre cannot achieve all of these asks alone. We welcome the endorsement of this year’s edition by three major NGOs, whose works inspired parts of the Roadmap. We also call on everyone else to take ownership of at least of one the challenges presented in the Roadmap to Integration 2013.

INTRODUCTION

The Roadmap is divided into six categories: Problem; Relevant Policy/Practice; Solution; Responsibility; Cost; and Progress. These represent the different aspects of each issue, and portray a clear and realistic route to positive integration policy and practice.

Firstly the ‘Problem’ is identified. As mentioned above, these ‘problems’ have been decided upon in response to the hands-on experience of The Integration Centre staff, past research, and the input of experts in the field from other organisations and state bodies.

The ‘Relevant Policy/Practice’ section refers to the lack of policy or practice in place or restrictive policies which has negative influence over the given problem. As Ireland is a relative newcomer to the world of net inward migration some allowances can be made, however the time for action has come. Clear gaps in policy are visible and need to be addressed.

In the ‘Solutions’ section possible responses to the problems are recommended which should alleviate, if not solve, the issues. In many cases more than one solution is put forward. There are other solutions available which could also solve these problems. The ones in this report are either chosen because they are the most straight forward and obvious ones possible, or in other cases our unique positioning in the sector has allowed us to come up with more creative answers to these modern issues.

The ‘Responsibility’ section names the bodies and entities that needs to take action on specific issues. As this document is primarily aimed at policy makers, this is another method which allows for the simplification of strategy.

‘Cost’ is an important section, especially due to the current economic climate. The cost is either Low (less than €1m) Medium (less than €10m), or High (more than €10m). These parameters are set deliberately low so as to fully reflect the current finances of the State.

The ‘Progress’ section utilises the symbol of a traffic light to portray how well or badly current policy addresses the problems.

}Red means that there is either no policy or restrictive policy in place. If there is a minus within the red then the situation has gotten worse.

}Orange means that some progress has been made whether by State or non-State bodies. If there is one plus sign within the orange light the progress is local. If there are two plus signs within the orange light that means the progress is national.

}Green shows that the solution is in place.

THE ROADMAP

8

MANY HIGHLY SKILLEDIMMIGRANTS WORKBELOW THEIR SKILL-SET OR ARE UNEMPLOYED.5

Professional recognition of immigrants’ inregulated professions is slow.

ProfessionalRepresentativeOrganisations work more closely with NQAI6 to develop protocols whichaccelerate validation.

Department of Jobs, Enterprise and Innovation, Professional bodies, National Qualifications Authority of Ireland.

MEDIUM

Prioritise therecognition ofprofessions identifiedas being in shortage inIreland.

Department ofJobs, Enterpriseand Innovation,with professionalbodies.

LOW

Grants byemployment supportservices should bemade available forprofessional exam costs.

Department ofSocial Protection.

LOW

1 BUSINESS AND EMPLOYMENT1.1

1.2

9

RELEVANT POLICY/PRACTICEPROBLEM SOLUTION RESPONSIBILITY COST PROGRESS

Some areas such as Dublin City & Limerick saw the development of targeted responses to the needs of migrant entrepreneurs.4

The Department of Justice introduced the Start-Up Entrepreneur Programme for aspiring non-EU entrepreneurs. The scheme has more favourable conditions such as lower capital requirement (€75,000) and abolishes the need to create employment in this initial stage of the business.

LOW START UP ACTIVITY BY IMMIGRANTS, ANDWHAT LITTLE EXISTSIS CONCENTRATED INRETAIL.1

Enterprise supportservices utiliseinformation networkswhich are ofteninaccessible formigrants.2

Enterprise Ireland dedicates a programme to target migrant entrepreneurs delivered in conjunction with Enterprise Officers in selected local authorities.3

Department ofJobs, Enterpriseand Innovation incollaboration withDepartment ofEnvironment.

LOW

1.2

VULNERABLE POSITION OF MIGRANT WORKERS. 10

Undocumented migrants can regularize their situation only on a case by case basis.11

Introduce a regularization scheme such as that proposed by MRCI for undocumented workers with clear conditions.

Department of Justice & Equality & the Department of Jobs, Enterprise and Innovation.

LOW1.4

1 BUSINESS AND EMPLOYMENT

10


MANY HIGHLY SKILLEDIMMIGRANTS WORKBELOW THEIR SKILL-SET OR ARE UNEMPLOYED.

Limited number ofconversion coursesavailable to up-gradequalifications to the Irish standard.7

Conversion coursesand advanced entryshould be moreequitable.

Department ofEducation & Skills.

LOW

Some migrantprofessionals do nothave the opportunityto acquire sufficientprofessional English.

Offer elective ormentorship posts witha training allowance toqualified professionalsto assist gaining English profficiency.

IBEC, Unions, Solas, and professionalrepresentativebodies.

LOW

Some third level institutions such as DIT offer conversion courses and advanced entry.

IMMIGRANTS ARE LESSLIKELY TO BE FAMILIARWITH RECRUITMENTPROCESSES.8

The level of assistancewith the recruitmentprocess and qualificationrecognition is varied.

Training ofemployment supportservices on migrantspecific issues.

SOLAS with EPICand NQAI.

MEDIUM1.3 A number of local responses were initiated as part of local integration plans. Those included workshops and the publication of resources.9

Many County and City Council adopted a motion calling for the introduction of an earned regularization scheme of undocumented workers as set out in the MRCI campaign.

UNDER- REPRESENTATIONOF IMMIGRANTS INLEGISLATIVE BODIES I.E. THE SEANAD, DÁIL, AND LOCAL COUNCILS.12

The parochial,constituency basedapproach of Irish politics excludes newcomers.

Electoral Reform toinclude at minimum a partial ‘list system’.

Department of AnTaoiseach.

MEDIUM

Reform the Seanad in a manner that (among other things) facilitates better representation of migrants.14

Department of An Taoiseach.

LOW

Every new citizen should receive a voter registration form during the citizenship ceremony.

OPMI & Department of Environment, Community and Local Government.

LOW

2 POLITICAL PARTICIPATION2.1

A SMALL PROPORTIONOF ELIGIBLE MIGRANTSARE REGISTERED TOVOTE.15

Lack of targetedinformation for migrantcommunities on votingentitlements and how to register to vote.

Disseminate electoral information in a variety of languages and hold information sessions.16

Franchise sections of Local Authorities;Department ofEnvironment,Community and Local Government, CIB.

MEDIUM2.2

11


The Constitutional Convention voted against holding a referenda on the introduction of a partial list system. 13

Dublin City Council produced a poster campaign in different languages late 2013. Department of Environment published online information on registration in many languages.

Every new citizen receives a leaflet outlining their right to vote and information on the voter registration process.

IMMIGRANTS ARE NOTPROPORTIONATELYREPRESENTED INPOLITICAL PARTIES,ESPECIALLY THEIREXECUTIVES.

Political Parties outreach to and recruitment of immigrants is notcomprehensive.17

Parties introducea minority ethnicquota system for theirExecutives.

General Secretaries ofPolitical Parties.

LOW

IMMIGRANTS ARE NOT REPRESENTED IN THE DECISION MAKING PROCESSES.

The Ministerial Councildiscontinued and itsmeeting had no follow-up.

An Expert Migrant Consultative Group should be established to provide advice, monitor policies and take a lead role in preparing a national integration plan.

Department of AnTaoiseach.

MEDIUM

Examination ofstructures andoutreach mechanismsby political parties e.g. open days.

GeneralSecretaries ofPolitical Parties.

LOW

Migrants should bepositively appointedto vacancies on stateboards.

All Ministers. LOW

Run leadership and matching programmes based on models elsewhere (e.g. Canada)19 to improve migrant representation on Boards of Management.

OPMI, Local authorities (partnerships), integration forums and community groups.

2.3

2.4

2 POLITICAL PARTICIPATION

12


Through collaboration between Crosscare and the four main political parties, three groups of immigrants have completed their six-month internship by the end of 2013.18

Five political parties have agreed to consider recommendations based on a review of their engagement with migrant communities by The Integration Centre.

The Migrant Consultative Forum was set up with the involvement of NGOs and the Department of Social Protection to ensure fair access to social protection for migrants.

With the notable exception of Irish Human Righst and Equality Commission, many other bodies did not make a strong effort effort to diversify their boards.

0.9% OF PUBLICADMINISTRATIONEMPLOYEES AREIMMIGRANTS.D

Restrictive policiesand lack of targetedinformation onrequirements.20

Introduce a migrantinternship programfor the Civil and PublicService.

Department of An Taoiseach.

LOW

THE ROLE OF LOCAL AUTHORITIES IN INTEGRATION IS NOT CLEARLY DEFINED AND RESOURCED.

Sporadic integration forums and plans.

Commission and develop Integration Plans by Local Authorities as part of a national policy framework.

County and CityManagers.

MEDIUM

The current local government reform has not clarified the mandate for developing and implementing integration initiatives.

The new Local Community Development Committees should have explicit responsibility for integration issues and ensure adequate representation of migrant voice.

Department of Environment, Community and Gaeltacht Affairs.

LOW

Adopt the Council of Europe Convention that encourages setting up consultative bodies of foreign residents by local authorities.22

Department of Foreign Affairs.

LOW

Targeted informationon recruitment oncethe recruitmentembargo is lifted.

PublicAppointmentsCommission.

LOW

2.5

2.6

2 POLITICAL PARTICIPATION

13


Internship programmes In the four local authorities areas of Great Dublin (Dublin City, South Dublin, Dun Laoghaire, Fingal) targeting immigrant communities (non-EU nationals) came to an end.21

Integration Plans are being implemented or are in an advance planning stage in 26 of the 34 local authorities throughout the country.

LACK OFUNDERSTANDINGAMONG MIGRANTSOF THE IRISH HEALTHSYSTEM.23

Targeted information provision is mainly available on the internet and fails to reach some groups.

Similarly to theTraveller Health Unit, the HSE could partner up with local community groupsto target at risk and hard to reach migrant groups.

HSE. MEDIUM

Provide training forGPs on the importanceof interpretation andcultural awareness,drawing on previousprogrammes inhospitals.

HSE, Irish MedicalCouncil, IrishCollege of GeneralPractitioners.

MEDIUM

Development of aState recognisedDirectory of AccreditedInterpreters.

Department ofEducation & Skills,Office Promotionof Migrant Integration with Irish Translatorsand InterpretersAssociation.

MEDIUM

MEDICAL STAFF DONOT ALWAYS USEINTERPRETERS WHENDEALING WITH CLIENTSWHO HAVE LIMITEDENGLISH.

Limited provision of ‘real time’ interpretationservices for the healthsector and ad-hoc use of interpretation services by GPs.24

Provision of specialized, short-term, intensivetraining for communityinterpreters.

NGO Sector, OPMI and Irish Translators &Interpreters Association.

MEDIUM

3.1

3.2

3 HEALTH

14


Cairde, funded by HSE, provides advice and advocacy for migrants in the Greater Dublin area. GP clinic was opened in Dublin North Inner City to provide medical care to migrant adults and children who have difficulty in accessing medical care.

Emergency Multilingual Aid is available in hospitals and some primary care centres. This tool however only assists with an initial assessment of patients.

Guidelines in Communication in Cross Cultural Practice Consultation are disseminated. In addition, North Dublin GP training programme has a focus on specific cultural issues around migrant populations and their health needs. 25

POOR STATE OF MENTALHEALTH RECORDEDIN DIRECT PROVISIONCENTRES.26

DP centres are not suitable for long term residence particularly for those with mental health issues and service providers are not trained to deal with specific issues.

A condition added to contracts with DP service providers, which allows full access to centres for mental health personnel and NGO’s & community groups.

Department of Justice & Equality/HSE.

LOW

Unfavourable living conditions, child welfare concerns27, no independent inspection and complaints mechanism.

Introduction of improved minimum standards for DP centres and creation of an Independent Complaints Mechanism including extending the Ombudsman’s remit to centres.

Department of Justice & Equality

LOW

3.3

3 HEALTH

15


Some DP centres engaged with community groups & mental health personnel and supported their activities with residents. Those are however ad-hoc arrangements.

IMMIGRANT PARENTSOFTEN HAVE DIFFICULTYNEGOTIATING THESCHOOL SYSTEM. 28

Immigrants facelanguage barriers andan unfamiliar educationsystem.

Statutory guidelines for schools (based on existing resources) should be provided for the purpose of facilitating migrant parents’ engagement in their children’s education, e.g. Participation in Parents Associations.

Department forEducation and Skills, Board of Managementumbrella bodies29,Teacher unions,school patron bodies, National Parent Council with schools and NGO’s.

LOW

THERE IS A LIMITEDNUMBER OF SCHOOLSWITH MULTI/OR NON-DENOMINATIONALETHOS.

98% of primary schools are religious schools (92%Catholic, 6% Protestant).

Multidenominational schools should be available in all areas.31

Department ofEducation and Skills, school patron bodies.

MEDIUM

4.1

4.2

4 EDUCATION

16


Development of “Intercultural Events in Schools and Colleges of Education” by DICE and continuous dissemination of the Pathway to Parental Leadership toolkit by Immigrant Council of Ireland.30

After a survey of parental preferences primary schools will be handed over to multidenominational patrons in 22 areas while 8 new multi-denominational schools will be open at post-primary level.

TEACHER NUMBERSARE NOT REFLECTIVEOF IRELAND’SDEMOGRAPHICS.

Irish languagerequirement for primary school teachers is a barrier for entry to profession.

Irish languagerequirement needs tobe reviewed.

Department ofEducation andSkills.

LOW

Cultural barriers. Teacher education should be reviewed with the view to attracting migrants into teacher training colleges.

Department ofEducation and Skills, Colleges of TeacherTraining, Teaching Council.

LOW

Schools can recruit ordismiss teachers based on theirreligious ethos.

Amend EmploymentEquality Act to remove Article.

Department ofEducation & Skills,Department ofJustice & Equality.

LOW

RACISM ANDDISCRIMINATION INSCHOOLS.33

Lack of anti-racism policy.

All schools should have an anti-racism policy.

Department of Education & Skills, Boards of Management.

LOW

Introduce a module on interculturalism and diversify the curriculum36 including the use of existing anti-racist education programmes.37


HIGH

Lack of training for teachers.34

In-service training for teachers on racism and managing diversity.35

Department of Education & Skills, Colleges of Teacher Education, Teaching Council, Teacher Unions.

MEDIUM

4.3

4.4

4 EDUCATION

17


Froebel Training College has engaged with with the Islamic Culture Centre with a view to attracting students from a Muslim background.

Circular 045/2013 stated that all Boards of Management has to formulate anti-bullying policy that includes tackling identity-based (racial) bullying.

Online training module was developed for primary school teachers by the Irish National Teachers Organisation on racist bullying.

As a result of changes in the Junior Certificate examination, schools may run short courses related to diversity and anti-racism. Circular 0045/2013 stated that anti-bullying policy should incorporate the creation of a positive school culture and awareness raising.

Consultation began on the proposed amendment of Article 37 of the Employment Equality Act which allows for recruitment/dismissal based on religious ethos.32

CHILDREN FROM NON-ENGLISH SPEAKINGBACKGROUNDS ARE LESS LIKELY TO SCORE WELL IN MATHEMATICS AND READING.38

Reduced languagesupport.39 Parental language barriers which prevents them from helping their children with homework.

Intensive summercourses and afterschool programmesshould complementcurrent EAL provision.

Department forEducation andSkills, Departmentof Children andYouth Affairs.

MEDIUM

Underemployedteachers and traineeteachers should beutilised for summerand after-schoolprogrammes.

Department ofEducation and Skills, Departmentof Children andYouth Affairs.

MEDIUM

Reinvestment in EALprovision.40


MEDIUM

No standardisedapproach to Englishlanguage provision.

Create a nationwidesecondary schoolEnglish LanguageImmersion Framework.41

Department ofEducation & Skills,National Councilfor CurriculumAssessment.

MEDIUM

Many EAL teachers have not received training on teaching English as a foreign language.42

Continuous professionaldevelopment coursesshould be supported.

Department ofEducation & Skills, Teacher Training Colleges, English Language Support Teachers Association.

MEDIUM

4.5

4 EDUCATION

18


Resources for English language provision are now combined with that of special education needs resulting in a single allocation system. This will make implementing a targeted approach and monitoring of results difficult.

Some good practices are in place such as summer camps by Dublin ETB (previously VEC) and homework support programme by volunteering teachers which is run by New Communities Partnership in Dublin.

The Professional Development Service for Teachers advised several schools and the English Language Teachers Association developed workshops and materials. However, limited resources do not match existing demand among teachers.

THERE IS NO SUPPORT FOR LEARNING FOREIGN LANGUAGES IN PRIMARY SCHOOL WHICH PUTS BOTH MIGRANT AND NATIVE STUDENTS AT A DISADVANTAGE.

The Modern Languages primary school initiative discontinued, while voluntary initiatives by ethnic communities function largely outside the school system.

The Modern Language initiatives should resume and it should be linked to existing voluntary initiatives.


LOW4.6

MIGRANTS TEND TOBE CONCENTRATEDIN CERTAIN SCHOOLSWHILE THEY AREEXCLUDED FROMENTERING OTHERS.44

Current enrolmentpolicies, such as the ‘first come, first serve’ criteria, and familial connection to the school puts immigrant pupils at a disadvantage.45

Framework for more inclusive enrolment policies should be produced by the Department of Education which includes the abolishment of waiting lists.


LOW

Schools can use thereligious denominationof a child as a decidingfactor in admittance.47

Amend the EqualStatus Act to disallowschools’ differentialtreatment of applicants based onreligion.48

Department ofEducation & Skills,Department ofJustice & Equality.

LOW

4.7

4 EDUCATION

19


Some good local practices exist (e.g. County VEC in Dundalk) where statutory service lent support to voluntary language programmes.43

The Department of Education published The Admission to Schools Bill 2013 which states that waiting lists will be abolished and familiar connections will only be considered in respect of siblings.46

The Admission to Schools Bill 2013 retains the exemption that allows schools’ to give religious preference to applicants.

STUDENTS OFENGLISH FACE ARESTRICTIVE SYSTEMWHICH PREVENTSTHEIR EDUCATIONALPROGRESSION.

Those completing English courses at FETAC level 5 lose their Back to Education Allowance if they take up a general training course at thesame level.49

Migrants should be allowed retain their BTEA allowance when transfering to level 5 training in their chosen area.

Department of SocialProtection.

LOW

There are a limited number of English courses for intermediate/advanced learners which cover Vocation Specific English.50

The provision of vocational courses combined with language learning (e.g. English and Nursing).

Department of Education & Skills/ETB (SOLAS) /IBEC.

MEDIUM

Offer online language courses anddisseminate materialson vocational specificEnglish (similar to existing general onlinecourses).

ETB (SOLAS) /Libraries LOW

Specific English exams (IELTS) and training courses are required for a number of professions with courses and exams attracting high fees.

Grants should bemade available forEnglish languageexams.


MEDIUM

No standardised curriculum exists for State-funded English language providers and therefore outcomes may differ.

Department needs toprovide a guidelinecurriculum andrecommendations forservice providers.

Department of Education & Skills/ETB (SOLAS).

MEDIUM

5.1

5 TRAINING & UP-SKILLING

20


Several further education colleges run vocational courses combined with English teaching51 - but they are not a generally available option. At university level there are no such courses.

A number of education colleges run subsidized IELTS and other exam courses - they are not available everywhere, however.

There is now standard curriculum model adopted for ESOL modules at Level 3/4/5/6.

Some non-EU nationalswith residency permitsStamp 4 cannot qualifyfor free fees or get themaintenance grant.53

Every non-EU national who has a residency permit Stamp 4 in Ireland should be entitled to apply for grants and the free-fee scheme if they meet the residency conditions.


MEDIUM

Students cannot change their fee status during their studies.

People should beallowed to change their fee status if theirstatus changes in the duration of their course.

Department ofEducation & Skills,Colleges.

LOW

Non-EU students have to pay fees in advance.

Non-EU nationalsresiding in Irelandshould be allowed to pay fees in installments.

Colleges andUniversities.

MEDIUM

No public loan schemeexists for students.

Low interest, long-lifeloans should be madeavailable.54


MEDIUM

5.2

5 TRAINING & UP-SKILLINGNON-EU NATIONALSFACE FINANCIALBARRIERS INACCESSING THIRD LEVEL EDUCATION.

Lack of awareness ofimmigration categoriesby colleges and grantawarding authoritiesresult in misjudgedrefusals of applicationsfor grants and the free-fee scheme.52

Training for collegeson eligible categoriesfor free fees waiver,and student grantschemes.

Department of Education & Skills/ETB with Citizen Information Boards.

LOW

21


The Higher Education Authority (HEA) is examining the higher education institutions’ fee policies in respect of non-EU nationals.

A key objective of the HEA’s review process is to ensure that non-EU nationals working in Ireland and their dependants will not have to pay non-EU fees.

Department of Education announced changes in policy which will allow students gaining citizenship during their studies to change their fee status.

RACISM REMAINS A SIGNIFICANT PROBLEM BUT THE LEGISLATIVE AND POLICY RESPONSE IS INADEQUATE. 55

Racist motivation is not considered adequately in Irish criminal law.56

Introduce criminal legal provision making racism (and other types of hatred) an aggravating factor in sentencing.57

Department ofJustice & Equality.

LOW

Official figures on racism are not reflective of the real extent of racism due to inconsistent manner of recording by Garda and the exclusion of incidents not deemed to be a crime from official figures.

Reform the Garda’s

Reform the Garda’s reporting system and increase awareness of the importance and consistent manner of reporting incidents.58

Department of Justice & Equality with European Network Against Racism Ireland.

LOW

6.1

6 POLICING AND JUSTICE

22


Garda’s Community Relations Office agreed to review the recording system of racist incidents.

There is no officially recognized monitoring system and coordinated response since the closure of NCCRI.

Appointing an independent body, for instance, the Irish Human Rights and Equality Commission to coordinate response through working with NGOs, local authorities & other stakeholders.

Department of Justice & Equality and Irish Human Rights and Equality Commission with Members of European Network Against Racism Ireland (ENAR).

MEDIUM ENAR Ireland operates a new online reporting system while NGOs also record incidents. Transport companies in Dublin (with the help of ICI and Dublin City Council) developed reporting systems and carried out extensive awareness campaign.

MIGRANTS AREUNDERREPRESENTEDIN THE JUDICIARY.

Judicial appointmentsare based networks that migrants have limited access to.

Review the Judicial Appointments Process with a view to ensuring greater diversity.63


LOW

6.2

6.3

6.4

6 POLICING AND JUSTICE

23


A number of foreign born graduates entered the Garda reserve in recent years.

A private bill proposed taking into consideration (among other things) that the judiciary is reflective of the diversity of the community. The new consultation process initiated by Department of Justice may adopt such a proposal.64

THERE IS A VACUUMBETWEEN SOMENEW COMMUNITIESAND GARDA.59

Ethnic Liaison Officers are often difficult to contact with inadequate awareness and support among other Garda personnel of their work.

Roll out targeted intercultural training programme with particular focus on ethnic liaison officers.60

Department of Justice & Equality, GardaCommissioner.

LOW

Ensure migrant representation on the Joint Police Committee’s to establish a better relationship with New Communities.

City and County Managers

LOW

In 2014 new training will be rolled out to Ethnic Liaison Officers. Furthermore, several NGOs developed local initiatives between Garda and migrant communities (e.g. Limerick, Cork).61

In a few areas migrants sit on local Joint Police Committees to represent migrant communities such as Dublin City, Kilkenny and Bray.

GARDA ARE NOT REFLECTIVE OF IRELAND’S DEMOGRAPHIC COMPOSITION

46 non-Irish nationals serve in Garda according to latest data.62

When the recruitment freeze is lifted migrants should be targeted for full-time Garda personnel.

Department of Justice & Equality, and the Garda Commissioner.

LOW

SOME IMMIGRANTSARE AT ANINCREASED RISK OFHOMELESSNESS ANDPOVERTY.65

Inconsistent application of Social Protection regulation and poor communication between the Department of Justice and the Department of Social Protection results in insecurity for immigrants who are often refused access in the first-instance but then succeed at appeal.66

Better information co-ordination between Government departments, training and guidance for DSP employees.

Department ofJustice & Equality,Department ofSocial Protection.

LOW

Asylum seekers receive€19.10 Euros per week.

After one year asylumseekers should beallowed to move outof DP centres with thetemporary right towork/social protection.68

Department ofJustice & Equality,Department ofSocial Protection.

LOW

New social housingrules make it almostimpossible for most non-EU nationals to qualify for social housing and as a result, for rent supplement.69

Regulations shouldbe reviewed andfair, legally sound,conditions should beintroduced.

Department ofEnvironment,Community andLocal Government.

LOW

7.1

7 POVERTY AND HOUSING

24


Following representation made by NGOs such as Nasc and PILA new Housing Circular (41/2012) was adopted with changes resulting in fair access to social housing for non-EU nationals.

Migrant Consultative Forum (representing Nasc, Doras Luimni, Crosscare, FLAC and DSP) initiated improvement of customer service by social welfare offices to migrant communities and is reviewing other recommendations.67

LACK OF POSITIVEINTERACTION ANDRISING TENSIONSBETWEEN CULTURESIN SOME HOUSINGESTATES.

Clustering ofnationalities, combinedwith unemployment, can create segregation and conflict.

Provide targeted funding for the training of cultural mediatorsthrough Partnershipcompanies.

Department ofEnvironment,Community andLocal Government,with PartnershipCompanies.

MEDIUM7.2

7 POVERTY AND HOUSING

25


Local Authorities in the Greater Dublin Area with the support of New Communities Partnership trained intercultural liaison volunteers who are in place now.

24

APPLICANTS MAY NOT SECURE CITIZENSHIP DUE TO FAILURE TO MEET VAGUE CONDITIONS AND CANNOT LODGE AN APPEAL.

The absolute Ministerial discretion and limited information in the application process may lead to lack of transparency.70

Adopt policy on the conditions of citizenship -including guidelines on the interpretation of “good character” and economic resource requirement - and introduce appeal system.


LOW8.1

8 LEGAL CITIZENSHIP AND RESIDENCY

LENGTHY PROCESSINGTIMES LEAVECITIZENSHIPAPPLICANTS IN LIMBO.THE ABSOLUTE

8.2

Long-term residency isonly available to onegroup - employmentpermit holders.76

The status should beavailable for othergroups.


LOW

LACK OF OPTIONS FORNON-EU NATIONALS TOSECURE PERMANENTSTATUS OUTSIDETHE CITIZENSHIPPROCESS.72

Currently there is nopermanent residencestatus for non-EUnationals.73

PermanentResidency should beintroduced.74


LOW8.3

26


The new application form and improved customer service led to better decision making.71

The application process has become faster resulting in a shorter waiting time for most applicants.

As an exception, non-EU family members of EU nationals may receive residency permit for five years and can apply for a permanent residence permit after five years continuous residence in Ireland.75

8 LEGAL CITIZENSHIP AND RESIDENCY

Children of work permit holders should benefit from the long term residency status or citizenship of their parents

LOW

CHILDREN OF NON-EU WORKERS, DESPITE LIVING IN IRELAND FOR A NUMBER OF YEARS, MAY NOT HAVE A SECURE STATUS WHEN THEY TURN 18.

Children of non-EU workers often receive a student visa from the age of 16, intended for international students coming to study in Ireland.77

Children of work permit holders living in Ireland should be afforded a different status than international students.78


LOW

ASYLUM SEEKERS SPEND ON AVERAGE 45 MONTHS WAITING FOR THEIR CLAIMS TO BE CONCLUDED.79

Slow processing of protection applications.

Introduce single procedure where application for asylum and subsidiary protection will be examined together.

Department of Justice & Equality

MEDIUM 80

8.4

8.5

27


The Government indicated that the new Immigration, Residence and Protection Bill, would introduce a single procedure. However, the Bill is yet to be introduced

AD HOC PROVISIONOF INFORMATION ONCULTURAL, POLITICAL,AND CIVIC LIFE INIRELAND AS WELL ASPUBLIC SERVICES.

There is nocomprehensive programmecovering this area.

A State approvedcertified orientationcourse shouldbe designed thatcan assist withintegration.81

Office for thePromotion of MigrantIntegration incollaboration withNGOs.

MEDIUM

PUBLIC SERVICE BROADCASTING IS NOT DIVERSE ENOUGH IN PROGRAMMING AND REPORTING.

Programming content does not reflect demographics and in some cases is ill-informed.

Adopt diversity guidelines and ensure adequate representation of migrants across programming (non-migrant issues also)

RTE, BroadcastingAuthority ofIreland.

LOW

9.1

9.2

9.3

9 CIVIC PARTICIPATION

28


Since the closure of The Adult Refugee Programme, there is no integration course available.

There has been some increase in migrant representation in programming and public awareness campaigns (e.g. (Seanad referendum).

The Football Association of Ireland and GAA have developed and carry out national strategies.

WHILE MIGRANTS ARE ACTIVE IN CHURCHES AND SOME COMMUNITY ORGANISATIONS, THEY ARE LESS LIKELY TO BE INVOLVED IN SPORT ORGANISATIONS.82

Outreach by local organisations and clubs vary.

Supporting partnerships between local sport clubs and sport partnerships on one hand and community organisations and integration forums on the other hand.

FAI, GAA, Athletics Ireland, Department of Transport, Tourism & Sport.

Low

TOP 10 SOLUTIONS FOR IMPLEMENTATION BY YEAR END 2014Enterprise Ireland should have a dedicated programme to target migrant entrepreneurs, delivered in conjunction with Enterprise Offices in selected Local Authority areas.

Parties should introduce a minority quota for their Executives.

The new Local Community Development Committees should have explicit responsibility for integration issues and ensure adequate representation of migrant voice.

Amend the Equal Status Act 2000 to disallow schools’ differential treatment between pupils based on religion.

Introduce racism as an aggravating factor in sentencing.

Further progress should be made towards the diversification of the school curriculum, including the introduction of a module on interculturalism.

Children of work permit holders should be afforded a different status than international students and should benefit from the long term residency status of their parents.

Restore the Adult Refugee Programme and begin preparation on a general State-approved certified orientation course that can assist with integration.

An Expert Migrant Consultative Group should be established to provide advice, monitor policies and a take a lead in preparing a national integration plan.

Run leadership and matching programmes, based on models elsewhere, to improve migrant representation on Boards of Management.

29

BUSINESS AND EMPLOYMENT 1 In 2012 the self-employment rate was 17.2% among Irish nationals and 8.5% among non-Irish nationals; the figures in 2011 were 17.4% and 7.2% and in 2010 19.4% and 7.8%, respectively. (Annual Monitoring Report on Integration 2010, 2011, 2012; ESRI & The Integration Centre.) A report by DIT specifically targeting four main ethnic groups found somewhat higher self-employment rate in 2008 but concluded that the majority of those were small businesses, with only 25% of them being involved in international trade (Cooney, T. & Flynn, A. (2008) A Mapping of Ethnic Entrepreneurship in Ireland Dublin: Institute of Minority Entrepreneurs, Dublin Institute of Technology.) 2 The Entrepreneurship Profile Survey in Dublin illustrated that many respondents were unaware of support agencies – with the exception of the Dublin Chamber of Commerce - with only a fifth of them knowing about Dublin City Enterprise Board and 6% being familiar with the Institute of Minority Entrepreneurs (Pinkowski, J. (2009) Challenges and Promises for Immigrant Entrepreneurship in Dublin, Dublin: Dublin City Council Economic Development Unit.) 3 As part of the local government reform programme, set out in the “Putting People First”; Enterprise Boards; local authorities will take on the local micro-enterprise support service through local enterprise offices (LEOS) integrating the functions of City and County Enterprise Boards and local authority business support units to improve and build on existing structures to sustain and create jobs will be closed down and their function will be carried out by New Local Enterprise in local authorities (A Guide to:Putting People First: Action Programme for Effective Local Government, Department of Environment, Community & Local Government, 2012). Importantly, there are already successful programmes in place aimed at female entrepreneurs and those aged 55 and over.4 In Dublin the Institute of Minority Entrepreneurs with support from Dublin City Enterprise Board and the City Council delivers lecture series, workshops and library talks aimed at aspiring entrepreneurs from minority backgrounds (See Monitoring Integration in Dublin (2012), The Integration Centre & Dublin City Council). They also have a mentorship in place for high potential start-ups. In Limerick, as part of the implementation of the Limerick Integration Strategy, the Limerick Chamber of Commerce, both Enterprise Boards, the Local Employment Service and the wider business community in Limerick worked with service providers across the city and county to provide training (e.g. Ethnic Entrepreneurship and the Enterprise SART Programme), mentoring and networking opportunities to encourage and support migrants starting their own businesses (Progress Report, Integrating Limerick. Limerick City and County Integration Plan 2010-2012).

5 Census 2011 show that there was a high number of non-Irish national jobseekers with third level qualifications, almost twice as many as there were Irish with the same qualification in April 2011 (See J.Power & P.Szlovak (2012) Migrants & the Irish Economy, The Integration Centre, 2012). The AMRI found that non-Irish nationals were likely to report over-qualification (Annual Monitoring Report on Integration, 2011).6 NQAI was amalgamated with FETAC/HETAC. The new organisation is called The Qualifications and Quality Assurance Ireland. 7 Research suggests that in a number of cases overseas degrees are recognized at Level 7 and not at Level 8 by the National Framework of Qualification (Monitoring Integration in Dublin, 2011). As a result immigrants may fall short of the required qualification requirements for the profession or entry requirements for third-level courses such as Higher Diploma or Master Courses. There are only a limited number of courses where Ordinary Degree holders can upgrade their qualification to Honours Degree.8 See ‘Public Appointment Service (2009) Issues and Challenges in the Recruitment and Selection of Immigrant Workers in Ireland by WRC Social and Economic Consultants, Dublin: Public Appointment Service & Office of the Minister for Integration’9 The Integration Centre published its guide for immigrant jobseekers that is distributed nationally. The Limerick and Waterford integration strategies, among others, included collaborative actions between agencies and community organisations and groups. 10 Between 2006 and 2009, Migrant Rights Centre of Ireland assisted over 250 exploited migrant workers in lodging formal complaints and in achieving settlements and awards of €1.3 million for unpaid wages and other gross violations of their employment rights. (Migrant Rights Centre Ireland (2010) Work Permits and Exploitation)”.11 It is accepted that the majority of undocumented or irregular migrants enter Ireland legally but later become undocumented. While some may overstay their visa, there are others who become undocumented due to administrative delays and failure of the immigration system to respond to non-standard cases, for instance leaving employers due to exploitation, gaps in residency when changing employment, fraudulent employers and schools (MRCI (2010) Regularisation of Undocumented Workers). In a survey of undocumented workers it was found that the majority (85%) were in employment and had children with them (58%). (Migrants Right Centre of Ireland (2011);

POLITICAL PARTICIPATION12 In 2009 there were four migrants elected in the Local Elections (AMRI, 2011). There were no immigrants elected in the General Election 2011.13 Fourth Report on the Constitutional Convention, August 2013.14 There are different options that could be explored. At a minimum level migrants could be targeted by those bodies or officials that may nominate

people. If a list system is introduced, it could be ensured that a few places on the list would be occupied by migrants. 15 In 2013 just over 100,000 non-Irish nationals were registered: a considerable group but this is still markedly lower that the estimated non-Irish working age population, aged 15 or older, 471,000 in the same period (the voting population is somewhat smaller). 16 Migrant Voter Education project, funded by the Office of Integration, was implemented in a number of cities by NGOs in collaboration with local authorities prior to local elections 2009.17 Research in 2007 noted that most political parties deferred recruitment of migrant candidates based on their understanding that only Irish and UK nationals can vote and stand for election (B.Fanning & J.Shaw & J.Connell & M. William (2007) Irish Political Parties, Integration and Immigration 2007). Similar conclusions can be made in regard to the election in 2011. It can be accepted that there was little time to prepare for the snap elections in 2011 and thus review outreach to migrant communities. But a campaign by the Immigrant Council aimed to highlight that the thousand of Irish citizens with immigrant backgrounds (approx. 25,000 in the period 2005-2010) should not be overlooked, as it seemed, during the national election campaign. As for local elections, in the 2009 local election most political parties ran some immigrant candidates. There were 47 immigrant candidates in total, of which 4 were elected to the 1,600 seats. 18 The work included constituency work, administration, writing up parliamentary questions and press releases. 19 Diverse City in Board programme in Canada connects qualified candidate from minority backgrounds to governance bodies of agencies, commission and voluntary organisations and helps public institutions and voluntary boards to improve their recruitment processes for the purpose of ensuring adequate representation of minorities (www.diversecitytoronto.ca). 20 It was shown that many migrants believed that they need a proficiency in Irish in order to qualify for civil service positions. In reality the Irish language is no longer a requirement for most positions (Public Appointment Service, 2009). However, a proactive approach was not taken by the public service to attract migrants and clarify conditions while the recruitment freeze led to a halt in recruitment.21 NCP/DEP Internship programme with Dublin Local Authorities - New Community Partnership and Dublin Employment Pact coordinated a local integration project in conjunction with four local authorities in Dublin. The internship program was part of this project aimed at increasing the civic participation of immigrant. See www.newcommunities.ie.22 Convention on the Participation of Foreigners in Public Life at Local Level by the Council of Europe, 1992. Signing the Convention would also protect the right to vote in local election and send a strong message out to Europe (See Time to

30

NOTES

31

Secure Your Vote, Statement by the Immigrant Council of Ireland, November 2013).

HEALTH23 Cairde, Annual Reports 2008-201024 GP’s were offered a free phone interpretation service in the Dublin region. Only 39 out of the cohort of 150 practices used the services with the top six users accounting for 58% of the uptake. The evaluation study showed that many GPs felt that using interpreters would increase time pressure in an already busy practice. The report also underlined that the lack of preparatory training for GP’s contributed greatly to the under-use of the service (Ibid.). Lastly, it was pointed out that many GPs and service users expressed confidence in using informal strategies (family members, friends) of communication.(Ibid) Mac Farlane & O’Reilly-de Brún (2009) An Evaluation of Uptake and Experience of a Pilot Interpreting Service in General Practice in the HSE Eastern Region, Department of General Practice & Centre, Galway for Participatory Strategies, Clonbur, Galway.25 Guidelines for Communication in Cross-Cultural General Practice Consultations by NUI Galway & HSE (2012)26 A FLAC report demonstrated the high instances of isolation and mental problems affecting asylum seekers living in Direct Provision (FLAC, One Size Does Not Fit All, 2009). Akidwa identified a number of problems faced by women in direct provision centres such as parenting as well as safety and privacy (Akidwa, I Am Only Saying it Now, 2010)27 In 2012, there were 121 incidents involving children in hostels (Reception & Integration Agency, Annual Report 2012). However, incidents may go unreported. In 2013 Ombudsman Emily O’Reilly warned that there is real risk of child abuse in direct provision centres (“Ombudsman warns of child abuse risk in asylum-seeker hostels, Irish Times, 10 July 2013). Report by the Irish Refugee Council pointed out overcrowding, diet, concern over safety and barrier to education which all affect negatively child development. (Arnold (2012): Stated Sanctioned Child Poverty and Exclusion – The case of children in state accommodation for asylum seekers, The Irish Refugee Council).

EDUCATION28 Research has indicated that immigrant parents tended to have a lower attendance rate at parent-teacher meetings (Byrne, D. and Smyth, E. (2010) Behind the Scenes? A study of Parental Involvement in Second-Level Education, The Liffey Press in association with The ESRI, NCCA & Department of Education and Science. Research also showed that those immigrant parents, who did get involved in the Parents Association, became frustrated about the focus on fundraising and not having enough opportunity to discuss educational issues.

The Integration Centre (2009), Towards the Development of an Integration Toolkit 29 These include bodies such as the Joint Managerial Board (400 voluntary secondary schools), Catholic Primary Schools Management Association, Association of Community and Comprehensive Schools, Church of Ireland Board of Education and Educate Together.30 Pathway to Parental Leadership Toolkit by Immigrant Council of Ireland (2011); Intercultural Events in Schools and Colleges of Education by Development and InterCultural Education (2013)31 Educate Together schools consistently receive good results in school inspections and do not exclude on the basis of religion. The Integration Centre does not suggest that all schools should come under Educate Together Management but that the multi-denominational model is rolled out nationwide. 32 The Equality Authority invited submissions on proposed amendment to Section 37 of the Employment Equality Acts on the Department of Justice’s instruction to the soon-to-be formed Irish Human Rights and Equality Commission to address the amendment of Section 37 of the Employment Equality Acts (deadline was 1st November 2013). Previously, the Programme for Government stated that people of non-faith or minority religious backgrounds and publicly identified LGBT people should not be deterred from training or taking up employment as teachers in the State. There is currently Employment Equality Amendment Bill that aims to amend Section 37 Employment Equality Acts with a view to ensuring that exemption is not used against (potential) employee on the basis gender identity, civil status and sexual orientation. The best solution would be to remove Section 37 (7) to ensure that not only those groups but others, such as those of minority religious and non-faith backgrounds are protected.33 Inter-ethnic relationships were studied recently in the primary schools of North Inner City Dublin. The authors concluded that ethnic division and racism occurs frequently in schools. They recommended development of school and community based intervention strategies (Curry P. et al (2010) Inter-ethnic relations among primary school children in North-Inner City Dublin, Trinity Immigration Initiative. Presentation made at One City, One People conference in Dublin City Council, 24 September, 2010.)34 The National Council for Curriculum and Assessment developed guidelines on intercultural education but the guidelines have had little impact on schools to date (http://www.ncca.ie/en/Curriculum_and_Assessment/Inclusion/Intercultural_Education/). In 2010 the Teachers Union of Ireland commissioned a qualitative survey of 442 second and third level teachers in VEC and Community and Comprehensive Schools, as well as Colleges of Further Education and Third level institutions. Up to 46% of post-primary school respondents reported that they were aware of racist incidents which had in the occurred in the past month. Almost two fifths of all respondents did not have a policy on anti-racism or for the promotion of Interculturalism. Teachers Union of

Ireland (2010) Results of the Behaviour and Attitudes (B&A) Survey on Racism, Interculturalism, and Resources for Minority Ethnic Students. Training colleges of primary school teachers recently introduced a module on Development and Intercultural Education but this is general not available for post-primary teachers. Furthermore, teachers have almost no opportunity to participate in relevant professional development training (2 of the 1,000 plus professional development courses covered specifically cultural diversity in schools.) Yellow Flag Programme Research Report by Titley, A. (2009) Dublin: The Irish Travellers Movement. 35 DICE training was introduced for primary school teachers, however this is only provided for new teachers.36 The module may be adopted as part of the Social, Personal & Health Education curriculum or Geography. A resource examining homophobic bullying already exists and can be used in teaching SPHE. In the survey of TDs the majority voiced their support for expanding the current curriculum to reflect the more diverse faiths and cultures that are now in Ireland (Millward Brown & Landsdowne, 2012).37 E.g. the Yellow Flag Programme and Show Racism the Red Card’s Creative Competition. This could involve introducing these programmes in in-service training as well as enhancing the existing ‘Access to Intercultural Materials’ portal. 38 This was found both at post-primary level (PISA test) and at primary level (National Assessment Test (Annual Monitoring Report on Integration, 2010). 39 In 2009 it was decided to phase out 500 language support teachers in school. In the recent Migrant Policy Index Ireland’s ability to target the needs of migrant students received 37/100 (www.mipex.eu/Ireland). The report deduced that “migrants with specific needs enjoy less favourable targeted measures than in most new immigration countries”.40 It was pointed out that cuts to language support should be based on evidence on the decreasing need for language support. See Children Rights Alliance (2011) Report Card. Little and Lyons pointed out that schools vary regarding the tool and methodology used for assessing the language skills of newcomer students. This suggests that allocation of resources might not take place in the same manner. Lyons, Z. & Little, D. (2009) English Language Support in Post-Primary Schools: Policy, challenges and deficits Trinity Immigration Initiative, Dublin). 41 The framework should include a standardised curriculum and progression benchmarks.42 The Value for Money review of provision for migrant pupils criticised the lack of initial or continuing professional development for EAL teachers (Department of Education and Skills: Language support for migrants: A value for money review of expenditure on the education of migrant students at primary and post-primary level who do not speak English (Irish) as a first language 2001/02-2009/09). The majority of post-primary teachers interviewed by Little and Lyons

NOTES

32

identified the lack of appropriate training as the single most important deficiency. In many schools newcomer non-English speaking students were treated very similarly to children with special education needs (Lyons & Little, 2009). 43 A Polish school was opened in Dundalk with the support of County VEC. The school runs Saturday programme for children and Polish language classes for (Irish) adult beginners.44 An analysis of the Growing Up in Ireland survey of 9 year olds showed that migrant students who were born outside Ireland and UK are over-represented in disadvantaged (DES) urban schools: 23% of non-traditional (born outside Ireland and UK) were in urban DES school compared with 14% of “old Irish” pupils (Curry, Gilligan & Ward (2011): The lives of nine-year-old migrant children in Ireland, Presentation at GUI Annual Conference, 1st December 2011). A survey of secondary pupils had strikingly similar findings: 23% of non-native speakers (never or sometimes speak English at home) were in urban DES secondary schools compared with 14% of native speakers. Half of the teachers in urban DES schools had at least one students with language needs compared with 35% of teachers in rural and non-DES schools (Eiver & Clerkin (2013); National schools, international contexts: Beyond the PIRLS and TIMSS results, Education Research Centre.) The Integration Centre’s own survey of urban centres in 2011 as well as an earlier study of schools in North Inner City by Trinity College also revealed great differences in the number of migrant students among primary schools in urban neighbourhoods. (Curry, P., Gilligan, R., Garrett, L. and Scholtz, J. , Where to from here? Children and the future of Integration in Ireland, 1st, Dublin , The Liffey Press, 2011)45 Research shows that oversubscribed schools give preference to early applicants and those whose sibling are already at a school (Smyth et al (2009) Adapting to Diversity: Irish Schools and Newcomer Students, The Liffey Press in association with The ESRI, NCCA & Department of Education & Science). 46 The General Scheme for an Education (Admission to Schools) Bill was published in September 2013. It proposes that schools will not be allowed to accept applications for admission before October 1st of the year preceding the year of enrolment with a longer period allowed for boarding schools. However, they will be able to prioritise applicants who are a sibling of a former or existing student.47 It can be accepted that the key challenge has been over-subscription in schools operating in urban areas. Using religion as a factor to determine admission affects prospective pupils from minority faith backgrounds disproportionately and therefore they are more likely to be refused access to the school. Added to that, many minority faith groups have no choice but apply with a school whose religious ethos is different to their religions.

48 The aforementioned research revealed that 50% of pupils in multi-denominational schools are Catholic showing that that those schools admitted both Catholics and a range of non-Catholic faith groups (as well as those with no religion). (Ibid.)

TRAINING & UPSKILLING49 See Coakley, L. (2009)The Challenges and Obstacles Facing Refugees, Persons with Leave to Remain, and Persons Granted Subsidiary Protection, as they seek to access post-second level education in Ireland50 The Integration Centre: Monitoring Integration in Dublin (2012).51 Ballsbridge College of Further Education is an excellent example: it offers a number of training courses combined with vocational English.52 This was reported to the information and advocacy team of The Integration Centre. Analysis of The Integration Centre client representation files.53 Residential Stamp 4 allows the holder to study (and work) without the need to hold a student visa or an employment permit. Currently parents of Irish citizens cannot qualify for maintenance grants or free fees. It is also of relevance that many parents of Irish citizens were granted residency in 2011 following the European Court of Justice Judgement in the Zambrano case. It is unclear whether the regulations adopted with reference to those parents who got residency under the IBC scheme would apply to people who received residency as a result of the Judgement in the Zambrano case.54 Loan payment should not commence until the applicant has started working, and this scheme would be made available to both Irish and non-Irish fee paying students.

POLICING & JUSTICE55 YEARLY REPORTED RACIALLY MOTIVATED INCIDENTS TO GARDA, 2003-2011 (Source: OPMI, 2011)*

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 64 68 100 173 214 172 126 122 114 100

*Incidents are provisional and may be subject to further revision.

YEARLY REPORTED RACIST INCIDENT TO NCCRI2005 2006 2007 2008 119 65 99 106

INCIDENTS REPORTED TO MEMBERS OF IRISH NETWORK AGAINST RACISM2011 2012 Jan-Oct **149 156**Those are figures captured online and do not include data from partners with different reporting arrangement. It is subject to verification. It is planned that mechanism will be upgraded to allow for more streamlined approach.

During its first month of existence, ireport.ie, the online reporting tool operated by European Network Against Racism Ireland, recorded 60 incidents (See

www.enarireland). Previously, European research which examined racism and discrimination among selected immigrant and ethnic minorities in 2009 alluded to the under-reporting of racist incidents. Respondents were interviewed in the Greater Dublin Area: 503 Sub-Saharan Africans and 609 Central Europeans were interviewed in total. Some 26% of Sub-Saharan Africans said that they were victims of racially motivated assault, threat or serious harassment in the last 12 months. Further, 76 % of the same group said that they did not know of any organizations offering support and advice to people who were discriminated against (Fundamental Rights Agency (2009) European Union Minorities and Discrimination Survey, Main Results Report Available at www.fra.europa.eu/eu-midis.) Research carried out by The Integration Centre as part of its integration planning work confirmed the existence of racist incidents across numerous counties, with incidents being particularly prevalent in disadvantaged areas. 56 The Incitement to Hatred Act can only be applied where incitement to hatred can be proven; a very high threshold which contributed to the low number of conviction under the Act (in the four years of 2006-2009 only 43 cases were prosecuted). Other racially motivated offences are prosecuted in a general fashion. Judges may consider racist motivation but are not obliged to do so. (Clarke (2013) Recording Racism in Ireland, The Integration Centre. See also Schweppe J., Walsh D., “Combating Racism and Xenophobia through the Criminal Law”, Centre for Criminal Justice Research, University of Limerick, December 2008, page 179.)57 It is recognised that in Ireland there are no sentencing guidelines and only maximum sentences are specified apart from a few exceptions. A feasible option, as suggested by theTransgender Equality Network and FLAC, is to provide for a harsher maximum sentence but still allow the judiciary to use their discretion. Furthermore, as adopted in Scotland, courts can be both obliged to state openly in court if the offence is motivated by racism or other form of hatred and show how the sentence is different from an offence not aggravated by that factor, or why a different sentence was not applied in such case. A key point is that if the offence was motivated by racial or other type of hatred that has to be considered by the court (Transgender Equality Network Ireland (August 2013) Law Reform Submission on Hate Crime Law Reform Ireland).58 The Immigrant Council of Ireland and The European Network Against Racism Ireland (www.ireport.ie) operate reporting mechanism that can collate information on racist incidents.59 ICI’s report noted that many immigrants are afraid to report racist incidents due to bad experiences with their police in their countries of origin and the perception that they will not get adequate help (ICI, 2011). Evidence was offered around the problem of Garda exercising both immigration and community policing functions. More severely, some groups such as the Roma community reported bad (in some cases hostile) relationship with Garda and gave experience of discrimination and disproportionate targeting through stops and checks and fines for begging (Nasc (2013) In from the margins: Roma in Ireland). Similar observation in regard to possible racial profiling as part of

NOTES

NOTESapplication of Immigrant Acts 2003 and 2004 was made by European Council on Racism and Intolerance that suggested monitoring the implementation of those Acts (European Council on Racism and Intolerance (2013); Fourth report, Ireland.) Most recently in October 2013, poorly judged removal of Roma children from their families by Garda further confirmed the need for a more structured relationship between Garda and ethnic minorities (in this case: Roma community) and training of ethnic liaison officers as well as Garda personnel.60 Garda adopted a Diversity Strategy and appointed Ethnic Liaison Officers61 In Limerick the collaboration between the Garda and Doras Luimni (local NGO) resulted in structured engagement between community representatives and ethnic liaison officers while Doras Luimni also delivered training session. Similarly, In Cork Nasc began a local training programme.62 Get wise’ programme was completed in Dun Laoghaire. It offers assistance with liaising between Garda and ethnic minorities. However, the programme was not rolled out nationwide.63 European Council on Racism and Intolerance (2013); Fourth report, Ireland.64 It is worth noting that the Northern Ireland policy aims to ensure application from the widest possible pool while in Scotland the Board need to encourage diversity among individuals available selections to a judicial office. Consideration could be also given to the recognition of experience in other countries alongside the requirement of Irish experience. The improvement of professional recognition procedures is covered in the Employment section.65 Reform of Judicial Appointments Procedures Bill 2013 by Padraig MacLochlainn TD. The reform of the judicial appointment system clearly not only concerns the question of better representation of minorities and other under-represented groups but links to the question of the establishment of a more transparent selection system including explicit criteria (which is the case in England and Wales). While the aforementioned Bill was not adopted, it is welcomed that Minister for Justice seeks submission in regard to the reform of the judicial appointment system.

POVERTY AND HOUSING66 Every thirds non-Irish national is consider deprived as he/she lacks basic items such as food, clothing, heat and being able to participate in social events, compared with approx. fifth of Irish nationals (Annual Monitoring Report on Integration, 2012, (2013).66 The discretionary nature of the Habitual Residency Condition for receipt of social welfare and housing benefits results in confusion and insecurity for immigrants (Annual Monitoring Report on Integration 2010). In 2011 over 40% of social welfare appeals with regard to the Habitual Residency Condition were successful. In 2012 until 31st May 5,373 appellants were successful: that

is 47.5% of the appeals lodged (Parliamentary Question 8668/12, 15 February 2012). Of note is the fact that it can take more than a year to receive an appeal decision and people are often without payments during this time (See Crosscare, Nasc & Doras Luimni (2012) Person or Number).The Homeless Agency survey found that the majority of non-Irish homeless people do not receive any social welfare payment. In contrast, the majority of Irish nationals were in receipt of social welfare payments. Homeless Agency (2011), Homeless Person in Dublin Using Emergency Homeless Services or Sleeping Rough, Summer Survey, 2010).68 A new Customer Charter was adopted. Other recommendations presented in the Person or Number report (2012) included reducing processing time; improving understanding of immigration statuses; adopting improved guidelines especially in respect of victims of domestic abuse as well as for EEA (EU and Norway and Lichtenstein) workers in general; ensuring accurate understanding of qualifying criteria for various payments, etc…69 Apart from Ireland and Denmark, all EU countries permit asylum seekers to work after one year. Survey of TDs by Millward Browne & Landsdowne in 2011 and 2011 indicated that a majority of TDs (around three-fifths) were in favour of allowing asylum seekers to work while their application is being processed.

LEGAL CITIZENSHIP AND RESIDENCY70 Research and the experience of information/advocacy services prove inconsistent and disproportionate application of the criteria ‘good character’. Applicants were refused for coming to the ‘adverse attention to the Garda’, through for instance traffic offences. In addition, applicants were also refused for receiving social welfare payments such as disability and career allowance and jobseeker payments (Immigrant Council of Ireland (2009) Living in Limbo by Cosgrave.C). EUDO research showed that Ireland and Austria applied the broadest discretion among the 15 old EU states (joined prior to 2004) (Migration Policy Group/European University Institute in collaboration with Immigrant Council of Ireland (2013): Access to Citizenship and its impact on integration – A Handbook for Ireland.)71 OPMI gave some funding assistance with the application process through supporting the Citizenship Application Process.72 The current long term residence permit can be applied after 50 months spent on a work permit. The status is valid for five years and it is subject to renewal. In 2007, following the enactment of the Employment Permits Act 2006, it was stated by the Department of Enterprise that holders of a ‘Green Card’ employment permit would be entitled to ‘permanent residence’ after two years’ residence in Ireland. However, the Immigration, Residence and Protection Bill which was intended to introduce this residency status, was not enacted. Furthermore, the residency status set out in the Bill was not permanent. Importantly, family members of non-EU workers do not enjoy the benefits of long term residency status (exempt from employment permit requirements). It must be noted that non-Irish nationals may apply to remain in Ireland without

condition as to time, which is also known as Stamp 5. Firstly, information on this procedure is inconsistent (Cosgrave, 2009). Furthermore, there is no automatic entitlement to receive or renew this permission which is only valid until the expiry of the passport. In addition, this status is no longer available for those holding Long Term Residency Status and refugees (as they do not have passports). Lastly, this can be only applied after 8 years residency which is longer than the five year period required for citizenship (See www.inis.ie).73 Importantly, most EU countries adopted the Long-Term Residency Directive (2003/109/EC) which prescribed the automatic renewal of a long-term residence permit. While the UK and Denmark did not opt-in, both countries offer permanent residency status for migrants. In the UK indefinite leave to remain status is available not only for migrant workers but business persons, family members of British citizens and permanent residents, including minor children and victims of domestic violence, refugees and others granted humanitarian protection (See Cosgrave, 2011; UK Border Agency Website www.ukba.homeoffice.gov.uk/settlement).74 Permanent Residence should be available for all immigrants after a required period of residence, and it should be automatically renewable. This should replace the current long-term residence permit. 75 The Directive 2004/38/EC was transposed into Irish law by the European Communities (Free Movement of Persons) (No.2) Regulations 2006, as amended by the European Communities (Free Movement of Persons) (Amendment) Regulations 2008.76 Ireland received a very low score on the subject of long-term residence in the Migration Policy Index (See www.mipex.eu). The main reasons were the discretionary nature of the process and the status only being available to workers. 77 Non-EU nationals only need to register their presence independently from the age of 16. Most often, children of non-EU workers get a student visa (Stamp2 or Stamp2a) although sometimes they are also given Stamp 3, a permission given for dependants of workers. While this latter permission may seem more advantageous, it does not allow the holder to work, which can create problems for non-EU nationals in third level education who often have no access to student grants and have to pay higher fees. The former permission, student visa takes no account of the fact that those people had been living in Ireland for some time as family member of workers. If they want to work, children of non-EU workers have to apply for an employment permit on their own right. Children may apply for citizenship; however, only if their parents received citizenship and they have three years reckonable residence. (See for instance, Migrants Rights Centre of Ireland (2011) Barrier for children of non-EU migrants.)78 “There is a need to introduce a residency status for this group of people and transfer the residency rights of their parents to them. They should be acknowledged as a distinct group and not be deemed international students.” (NGO Coalition Briefing Paper on the Immigration, Residence and

33

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Protection Bill 2010, July 2011). Part of the problem is not affording long term residency status to family members of work permit holders. Although family members of a work permit holder may apply for a long term residence permit, they will retain their original form of permissions; i.e. Stamp 3. Therefore, they still need an employment permit to be allowed to work. Ireland opted out of the Long Term Residence Directive which stipulated that family members should receive the same entitlements as the principal applicant.79 Reception & Integration Agency, Annual Report 2012.80 Irish Refugee Council (September 2013) Government can save millions by introducing single procedure, says human rights groups (Available at www.irishrefugeecouncil.ie).

CIVIC PARTICIPATION81 The Adult Refugee Programme has been the only nationwide programme that teaches history and culture to adult migrants. It is regrettable therefore that it was closed down. There are a number of local initiatives and a number of relevant resources produced but they are disseminated or utilised through courses based on those resources. E.g. (a) Living in Ireland by Crosscare (b) At home in Ireland – Integration Toolkit for Immigrant Youth and Parent by The Integration Centre (c) The Republic of Ireland – A Beginners’ Guide to Society, Culture & Politics by New Communities Partnership. A nationwide programme should be flexible, incorporate local information and it is delivered best by partnership between local authorities, further education colleges and NGO’s.82 The Annual Integration Monitor 2011 showed that nearly half of Irish/UK nationals are members of, or volunteer for, sport organisations vs. 27% EU nationals and 19% non-EU (AIMI (2012)). Among children, non-Irish kids were 7% less likely to have been physically active than their Irish peers (State of the Nation’s Children, 2012, Department of Children and Youth Affairs). In a nationwide study of four large ethnic groups it was revealed that social activities (visiting homes, eating/drinking together) and religious services drew more interest than sport activities (UCD/Immigrant Council (2008) Getting on: From Migration to Integration – Chinese, Indian, Lithuanian and Nigerian Migrants’ experience in Ireland Dublin: Immigrant Council of Ireland. On the other hand, in 2012 every third registered volunteer with volunteer centres in Dublin City was non-Irish (Volunteering Ireland).

NOTES MY NOTES

MY NOTES

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