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.