International Protection Bill 2026: Committee Stage
Dail Éireann — 2026-02-18
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Jim O'Callaghan (FF), Dublin Bay South

I thank the Deputies for their contributions. I am aware that this is an issue of genuine concern to people in this House. The first thing I want to say is that I should and I will bring forward an amendment to define "legal counselling". I cannot, however, accept Deputy Carthy's amendment. The reason I cannot is because, under the Deputy's amendment, he goes further than what is envisaged by legal counselling and says that it should include legal advice provided by a practising solicitor or barrister.
What I am required to do, under the administrative procedure regulation, is to ensure that at first stage - what is now the IPO stage - legal counselling is provided to an applicant.
I have a higher obligation when it comes to the second appeal stage. At that stage, I have to provide free legal assistance and representation in the appeal. The administrative procedure regulation that I am transposing in parts of the legislation here sets out a clear distinction between what is required at the first stage and what is required at the second stage. The obligation at the second stage is much higher and much more costly than that at the first stage. However, there is a definition of "legal counselling" contained within Article 16 of the administrative procedure regulation. In fairness to Deputy Kelly, he included that definition in amendment No. 9, which unfortunately for him was ruled out of order.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-02-18/debate/main
Retrieved: 2026-08-14T04:54:39+00:00
Sitting date: 2026-02-18