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

Article 16 states:
For the purposes of the administrative procedure, free legal counselling shall include the provision of:
(a) guidance on and an explanation of the administrative procedure including information on rights and obligations during that procedure;
(b) assistance on the lodging of the application and guidance on:
(i) the different procedures under which the application may be examined and the reasons for the application of those procedures;
(ii) the rules related to the admissibility of an application;
(iii) legal issues arising in the course of the procedure, including information on how to challenge a decision rejecting an application in accordance with Articles 67, 68 and 69.
That is what we are required to do in terms of the provision of legal counselling. Deputy Carthy's amendment would expand the scope of legal counselling to include the provision of legal advice. Legal advice is a separate concept to legal counselling. That will be apparent when the definition of "legal counselling" is introduced later. The introduction of legal counselling is not intended to replace an applicant's ability to access legal advice either through private means or through the Legal Aid Board. Legal counselling will be an additional service intended to provide support for an applicant at the very early stage of an application. I am also concerned that Deputy Carthy's amendment would mandate that legal counselling be provided only by a practicing solicitor or barrister. This would place restrictions on who would be permitted to provide legal counselling, and this may in turn restrict the availability of the service. As I have said, I cannot and will not accept Deputy Carthy's amendment. My Department and the Legal Aid Board are currently analysing how to implement the provision of legal counselling to meet the requirements of the pact. My officials are also examining these matters in consultation with the OPC and the Attorney General. I will be bringing forward appropriate ministerial amendments relating to legal counselling.

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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