Information Commissioner says public interest does not justify release of reports into human rights conditions at asylum seeker centres

Right to Know has been unsuccessful in a case where we had sought reports arising from visits of the Irish Human Rights and Equality Commission (IHREC) to accommodation centres for international protection applicants.

The visits took place at a time when the accommodation system was under unrelenting pressure following the Russian invasion of Ukraine.

A previous report had been released to us that detailed an “intense oppressive atmosphere” and poor conditions at one centre in Citywest in Dublin.

However, a subsequent request by us for a number of other visit reports was not responded to in time by the IHREC.

At internal review, the human rights agency refused access to eight records on a number of grounds.

The case was appealed to the Information Commissioner with the IHREC relying primarily on Section 30 of the FOI Act in the end.

They argued that the information gathered during their visits was provided on the understanding it would be kept confidential.

It said if future visits took place it would make it less likely people would provide them information in future.

A significant part of the case rested on the public interest with the Information Commissioner accepting the records would “add considerably to the public understanding of the standard of the facilities and services provided to IP [international protection] applicants.”

The investigator added: “Ultimately, these services are provided on behalf of, and funded by, the state. It seems to me that these factors add considerable weight to the public interest in disclosing the records.”

However, the decision found this did not outweigh the IHREC being able to “continue to properly observe conditions” in centres.

They affirmed the decision of the IHREC to withhold the records.

One point that was never raised in the decision was the fact that the responsibility for inspection of direct provision now rests with HIQA.

At the time of this request, such inspections were carried out by contractors under a far less robust system.

It is no longer clear why the IHREC would have cause to visit direct provision centres given HIQA’s long-standing reputation as a highly effective inspection service.

Adoption Authority board said members were being “exploited” and warned of resignations over €7,965 annual stipend

Board members of Ireland’s adoption authority said they were being “exploited” by a government department and being made to work far more hours than they were being paid for.

In a dispute over fees, the Adoption Authority warned government that pressure was becoming so intense that standards would “inevitably” fall as they dealt with ever-more complex cases involving vulnerable kids.

The chair of the Adoption Authority (AAI) Orlaith Traynor wrote as well of board members feeling “entirely undervalued” with a €7,965 annual stipend when a similar role at state broadcaster RTÉ paid €15,000.

Correspondence reveals how officials from the Department of Children and Equality did ask the Department of Public Expenditure to examine whether the payments could be increased.

However, their requests for an increase in the stipend as well as the yearly salary of €134,854 that applies for the chief executive were rejected.

Asked about the correspondence, the Adoption Authority of Ireland confirmed that board fees and the salary for the CEO position remained unchanged.

A spokeswoman said: “Discussions by the Board of the AAI regarding this issue remain ongoing.”

Gardaí told to release detailed data on convictions of police officers and whether they remain serving

Right to Know has won a case where we had sought information on the number of gardaí convicted of a crime, any disciplinary proceedings against them, and whether they were still part of the police force.

Under the FOI Act, we had sought this data from An Garda, some of the only type of information that is available under the very restrictive information access regime that applies to policing in Ireland.

Even though the data sought is anonymised, An Garda said release was exempt under Section 37 of the FOI Act, which deals with personal information.

It is yet another example of the growing tendency of public bodies to fall back on “personal information” arguments to block release of all sorts of data, some of which was previously available under FOI.

An Garda also claimed the material was exempt under Section 35 of the FOI Act, which deals with information obtained in confidence by public body.

That argument was entirely rejected by the Information Commissioner in his decision, which you can read below.

Nearly three in ten staff at under pressure Limerick hospital said they would not expect high quality care if a loved one needed treatment there

Twenty eight percent of employees at University Hospital Limerick said they did not believe a friend or relative would get a good standard of care or service if they needed treatment there.

The hospital has been beset by overcrowding and embroiled in controversy this year, including damning failures that were revealed at an inquest into the tragic death of Aoife Johnston in 2022.

A survey carried out at UHL also detailed how staff were demoralised by media coverage and social media discussion of their workplace.

In one question, workers were asked if they would be happy with the standard of care a loved one would get if they needed treatment or admission at the hospital.

Nine percent said they strongly disagreed, 19 percent disagreed, and 20 percent said they were undecided about it.

In another question, UHL staff were asked if they would recommend the hospital as an employer for a friend or family member.

Ten percent said they strongly disagreed, 13 percent disagreed, and 19 percent said they were not sure.

Asked whether overall service provision at UHL was improving, 36 percent said it was deteriorating and 32 percent said it had remained the same over recent times.

The survey was conducted last year as part of biannual research carried out by the hospital on how staff feel.

UHL was approached early last week for a comment on the records but did not respond.

Information Commissioner orders release of SIPO documents on complaint against Paschal Donohoe over undeclared election expenses

Right to Know has won a case where we sought copies of records on a decision not to proceed with an investigation into Minister Paschal Donohoe.

In early 2023, it emerged that Mr Donohoe had failed to properly record his election expenses when postering was done on his behalf by the businessman Michael Stone.

The minister apologised at the time saying: “I always hold myself to the very highest of professional standards and I profoundly regret that this matter wasn’t dealt with correctly in 2016.

“In light of the information that’s now available to me, I’ve taken the steps to address the issue as comprehensively as I can.”

Mr Donohoe temporarily stepped aside from all functions relating to the Standards in Public Office Commission, which fell under the remit of his department.

SIPO received a complaint which they closed in May 2023 saying the matter was “not of sufficient gravity to warrant investigation”.

At that time, Right to Know sought copies of the documents that underpinned that decision.

SIPO refused to release all the records saying they were exempt under two separate sections of the Freedom of Information Act.

We sought internal review and subsequently appealed to the Information Commissioner, who made his decision in early September.

The decision said: “I do not accept the Commission’s argument that the release of the records at issue in this case might more generally discourage complainants from approaching it in the future.”

The senior investigator later added: “Moreover, in the particular
circumstances of this case, I am satisfied that neither the details of the complaint or the complainant’s identity, nor Minister Donohoe’s response to the complaint, were communicated by either party in circumstances which impose an obligation of confidence on the Commission, given the fact that all of this information was placed into the public domain.

“Indeed, in his correspondence with this Office, the complainant expressed his view that his identity should be made available.”

You can read the full decision below. We will post the documents when we get them.

Seventy nine Irish soldiers convicted of crimes between January 2021 and the middle of 2024

The Defence Forces have said that of 79 troops found guilty of crimes under civil and military law over the past four years, 54 of them remain in service.

Soldiers convicted of offences including misuse of drugs, assault, breaches of COVID-19 restrictions, and robbery or burglary are still serving.

Earlier this year, Taoiseach Simon Harris said that any member of the Defence Forces with a criminal conviction should not remain in the organisation.

It followed outrage over the suspended sentence given to soldier Cathal Crotty following a brutal assault on Natasha O’Brien in Limerick in 2022.

Data released under Freedom of Information laws shows that 63 members of the military had been convicted of a crime under civil law since January 2021.

Many, but not all, appear to have been for more minor offences, according to the figures.

There were 38 convictions for road traffic offences, with 33 of those people still serving in the Defence Forces.

Four soldiers were successfully prosecuted under misuse of drugs laws, but only one of them remains in the military.

There was one case involving theft and fraud and that person is no longer a soldier.

There were eight convictions for assault and three of these people continue to be members of the Defence Forces.

The figures also showed that one person had been prosecuted for possession of an offensive weapon and is still serving.

Two were convicted of burglary or robbery and both remain members while one person who broke pandemic restrictions continues in service.

Five successful prosecutions for public order offences were listed, with three of those involved “still serving” in the military.

The Defence Forces said that two members had been convicted of sexual assault, and one of those has already left the organisation.

They said: “[This other] individual has appealed their conviction, and as per An Tánaiste direction, this individual has been put on special leave pending the outcome of their appeal.”

There was also one conviction for harassment and that person also remains a serving member.

Asked about the records, a spokesman said the Defence Forces had been clear there was “no place for any form of gender-based violence, abuse or any form of inappropriate behaviour” by members whether on or off duty.

He said: “The Defence Forces unequivocally condemns any actions by serving personnel that are contrary to military regulations or that do not reflect our values.

“Any conviction in a civilian court may have implications for the retention and service of members of the Defence Forces, as stipulated in military regulations.”

The spokesman said that in practical terms the Defence Forces always had to await the culmination of any appeals before discharges or other measures could commence.

He added: “Where disciplinary issues occur within the scope of military discipline, it remains a matter for the independent offices of the Director of Military Prosecutions and the Military Judge.”

Department of Foreign Affairs bill of €1 million for cars included €168,000 for armoured Land Cruiser

The Department of Foreign Affairs spent more than €1 million last year on new cars including €335,000 for armoured vehicles for use in high-risk environments.

The largest bill was the €168,106 which was paid for a Toyota Land Cruiser 300 GXR for use in Abuja in Nigeria, FOI records showed.

The vehicle, which was bought for security purposes, was purchased from a dealership in Toronto for more than €163,000 and shipped to Africa at a cost of roughly €4,500.

A similar armoured Land Cruiser was bought for the Irish Representative Office in Ramallah in Palestine.

The black utility vehicle was bought from the United Arab Emirates at a cost of €85,569 while the previous car in use there was traded in for just over €32,000.

A third high-spec Land Cruiser was purchased at the Irish Embassy in the Colombian capital of Bogotá.

It cost just over €81,000 when it was purchased last November, according to invoices provided by the Department of Foreign Affairs.

The Department of Foreign Affairs said these cars were used throughout the working day and evenings on journeys that would sometimes be hundreds of miles.

They said vehicles were selected based on factors including public transport options, security considerations, climate, terrain, and safety.

An information note said: “[They] are used for as long as they can be operated in a safe and efficient manner without excessive maintenance costs or substantial reduction in their trade-in value.”

They said replacement only went ahead where the vehicle was old, where there was a business requirement, or when the costs of maintenance made keeping it uneconomical.

The department said they were also committed to more fuel-efficient models when practical but that some missions operated in difficult environments where “security and health and safety issues” were the top priority.

Guidance for Met Éireann forecasters on impact for Ireland from possible collapse of the Atlantic Meridional Overturning Circulation (AMOC)

Forecasters at Met Éireann were briefed on the “profound impacts” from the possible collapse of an ocean current system that keeps Ireland’s weather relatively mild.

International climate scientists have raised the alarm over the cooling of what is known as the Atlantic Meridional Overturning Circulation (AMOC), the shutdown of which would be a potentially irreversible tipping point in the climate crisis.

Met Éireann forecasters were given guidance notes on how best to communicate the risks for Ireland and how the AMOC was at its weakest in over a millennium.

An advisory said: “It is projected to decline by a further 30 to 40 percent by 2100.”

Forecasters were told that a large cold pool of water, sometimes referred to as the ‘cold blob’, had been observed in North Atlantic waters in recent decades as part of the system weakening.

The guidance note said: “The northern part of the North Atlantic where the cold pool has been observed is the only global region which has cooled as the rest of the world has warmed due to climate change.

“Further weakening of the AMOC is expected to lead to a continuation of the cold pool in the North Atlantic, with the possibility of further cooling.”

It said that while warming caused by climate change was predicted to continue in Ireland, the influence of the cold pool could mean this was less than what would be seen in continental Europe.

The advisory said that while complete shutdown of the AMOC was still thought unlikely, it could not be “definitively ruled out”.

The note explained that if collapse did happen, the impact on Ireland would be “profound” with far more severe winters, warmer summers, and a possible increase in storminess.

It also said weakening of the AMOC was likely to result in further sea level rises around the country, in addition to what is already expected from climate change.

HSE public health inspection documents inhumane conditions for international protection applicants at Mount Street encampment

Public health inspectors visiting the Mount Street encampment of asylum seekers in Dublin heard that rats had been running around in daylight, saw street drains blocked with soiled toilet paper, and warned of a substantial risk of infectious disease spread.

The HSE health protection team said that asylum applicants living there had no choice but to use the streets as toilets during the night while seagulls and other birds rummaged through food waste at the site.

The HSE staff could not even tell how many people were living there, at first believing there were 200 but later discovering there were 273 when the encampment was dismantled.

When the inspection took place in late April, the public health staff saw “open defecation, faeces, including diarrhoea … and urination”.

Drains were found to be blocked with soiled toilet paper and garbage was evident all around the encampment.

The public health report, which was released under Freedom of Information laws, said: “[Department of Justice] staff had witnessed rodents at the site, even during the day. Rodents (and birds), as vectors of disease, further add to risk.”

It said trying to clean the site with power hoses was challenging because of the tightly packed tents and the risk of spreading contamination further.

Concerns were also raised that there could be drug waste on the site – including dirty needles – that had the potential to spread “blood-borne viruses”.

The report said even the most basic public health standards, which included access to fresh water, sanitation services, and proper waste collection were not in place.

It added: “The physical, psychosocial and emotional pressures caused by a lack of security and poor shelter compound the stresses experienced by these people, significantly undermining their health and well-being, and ability to recover.”

International protection staff feared getting trapped in their offices if fire broke out in Mount Street encampment of asylum applicants

Staff of the Department of Justice said they were frightened of being trapped in their building if an encampment of tents set up by asylum seekers ended up catching fire.

In a series of pleas to bosses, civil servants wrote of overflowing bins, appalling sanitary conditions, and being unable to open their windows.

It said staff were in “a heightened state of anxious alert” and at increased risk of burnout as tents were “pressed right up close to windows” and with people dressing and undressing right in front of them.

Feedback gathered from employees of the International Protection Office (IPO) – which manages asylum applications – said the Mount Street encampment in Dublin was a “recipe for disaster”.

It said: “All of the … agencies with any level of involvement have shown themselves to be completely unwilling to take any measures – presumably as a result of concern about the negative media coverage that would attend any direct engagement.”

The views of IPO staff were collated in the period leading up to final removal of the camp in May with workers especially worried about what the summer would bring.

One person wrote: “I no longer feel safe in my workplace. I don’t feel safe travelling to work, I don’t feel safe whilst I am here in work, and I don’t feel safe leaving and going home.”

Asked about the records, which were released under the Freedom of Information Act, a spokesperson for the Department of Justice said: “The well-being of both staff of the IPO and applicants was the paramount concern for the department in what was a difficult situation for all concerned.

“A multi-agency operation resulted in the removal of the encampment of tents in recent months. The IPO continues to liaise with relevant agencies including An Garda Síochána and Dublin City Council where necessary to maintain health and safety in the environs of the IPO.”