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

I want to deal with the issue of detention of unaccompanied minors which has been presented in very emotive way in the House. I need to be clear about the circumstances when it will apply because to listen in to this debate you would think the detention of unaccompanied minors could happen in a haphazard or capricious way but that is not the case. Let us look at what is provided for in section 24. It is contained in section 24(11) and I will read it out because it is extremely important. It states:
A member of An Garda Síochána or an immigration officer may, in exceptional circumstances and as a measure of last resort, arrest without warrant and detain, in accordance with subsection (13) , a minor who is in the custody of an applicant (whether the applicant is a parent or a person acting in loco parentis or any other person) where the applicant is detained under this section and where—
(a) it is necessary for the purposes of determining or verifying the identity or nationality of the minor,
(b) the member or officer is satisfied that less coercive alternative measures cannot be applied effectively, and
(c) [Something that is never mentioned here] it is assessed by the member or officer that the detention is in the minor’s best interests.
As such, there cannot be any detention unless there is a determination the detention is in the minor's best interest. Subsection 24(12) which follows provides similarly that:
A member of An Garda Síochána or an immigration officer may, in exceptional circumstances and as a measure of last resort, arrest without warrant an applicant who is an unaccompanied minor and detain the unaccompanied minor in accordance with subsection (13) ...
Again, the same three conditions must be met and I emphasise the third condition, which is that "it is assessed by the member or officer that the detention is in the minor’s best interests" and safeguards the unaccompanied minor. We need to recognise the only time this will happen is when there is an assessment it is in the best interests of the minor. That is something that has not been emphasised here and it is an extremely important proviso. Also, as Deputy Gannon indicated earlier, section 24(13) states any such detention will be:
(a) for the shortest possible period of time, and in any event for a maximum period of 12 hours, and [to answer Deputy O'Hara's question]
(b) in a place prescribed by the Minister for that purpose (which shall not be a prison, children detention school or Garda Síochána station), under warrant of the arresting member or officer and in the custody of the person for the time being in charge of the place, or in a vehicle for the purposes of bringing the minor to that place.
We need to be honest about the provision. People can very emotively say the Minister and the Government are bringing in rules for the detention of minors but Members should please emphasise as well that it can only happen in circumstances where it is believed that short detention of no longer than 12 hours is in the best interests of the minor.
I will now deal with Deputy Kelly's amendment No. 8. Again, as has been indicated, this tries to put a definition into the section we are still dealing with that contains the definitions. The Deputy’s amendment refers to recital 33 and Article 10(2) of the reception conditions directive. As the Deputy and others will know, that is an extremely important directive that needs to be transposed into Irish law. The way we did that previously was to bring it in through a statutory instrument, which was secondary legislation the then Minister signed setting out that these are the reception conditions to which an applicant is entitled. The entitlements in terms of accommodation and work were set out. It is preferable that the reception conditions directive be transposed within the primary legislation rather than doing what was done previously by just signing a statutory instrument, which will not have the same level of appraisal or consideration by the Houses.
I intend to bring forward amendments that will deal with the reception conditions directive. They will come back and we will be able to examine them. The legal instrument transposing them will very much reflect what is in the reception conditions directive, of which everyone is aware and which is readily available for people to inspect.

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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