The Irish Human Rights and Equality Commission (IHREC) is facing a challenge to its standing in a case against the State's failure to provide accommodation to asylum seekers in Ireland. The State argues that IHREC does not have the standing to take the case, stating that the commission's interpretation of Section 41 of the 2014 IHREC Act is flawed. The State's Senior Counsel argues that IHREC fails to identify the individuals involved and acts without their consent. Additionally, the State argues that Section 41 cannot be used to address systemic failures, as IHREC has separate powers under Section 35 of the Act for such situations. On the other hand, IHREC's Senior Counsel argues that the State's position is contrary to the statutory language, as the State keeps records of all international protection applicants who were not offered accommodation. The court will determine whether IHREC has the standing to proceed with the case. [51af6e4e]
The State has claimed that it is experiencing an "International Protection emergency" and has taken necessary steps to meet its obligations to asylum seekers. The State argues that the increase in numbers seeking protection was unforeseeable and is claiming "Force Majeure". Between 2019 and 2023, the EU saw a 59% increase in protection seekers, while Ireland saw an increase of 185%. On 1 June 2022, the State was providing accommodation to 8,582 International Protection applicants, and currently, 96,000 people seeking protection are being accommodated. The State argues that it has taken necessary steps to address the challenge and that there is no case of government inaction or indifference. The lack of accommodation is the main issue, and the State argues that doubling or tripling the Daily Expenses Allowance or providing large amounts of accommodation immediately is not feasible. The State also disputes that the failure to offer accommodation by itself amounts to a breach of a person's right to dignity under the EU Charter of Fundamental Rights. The High Court has been asked to decide if the failure to provide accommodation to newly-arrived International Protection applicants is a breach of their right to dignity. [076de02d]
