International Protection Bill 2026: Second Stage Seanad Éireann — 2026-03-03 ============================================================ Colm Brophy (FG), Dublin South-West I echo that; they are all very welcome. I am very pleased to introduce the International Protection Bill 2026, following its recent passage through Dáil Éireann. Migration has been a distinctive feature of Ireland’s history. In recent years, ours is a country that is now able to provide the opportunities those who emigrated once sought. Over the years, we have seen the invaluable contribution that foreign-born workers have made in Ireland. The Government is very clear about the value of migration to Ireland. The vast majority of people coming to Ireland are here to work or to study. The Government fundamentally believes in the right to claim asylum. We will always uphold our obligation on this important principle of international law for the sake of those who need our protection. At the same time, migration and asylum have given rise to challenges not only for Ireland, but across the European Union. Migration and asylum are shared challenges that are increasingly difficult for any one country to deal with acting alone in this now very globalised and interdependent world. Although we remain steadfast in our commitment to provide refuge to those fleeing war and persecution, it must be acknowledged that the context we are operating in has changed significantly in recent years, due to the large number of applications we are receiving. While our commitment to providing international protection is unquestionable, I believe we must reform the system to ensure that it is fit for purpose and provides protection to those who need it. International protection decisions in this country have historically taken far too long. That situation benefits no one. It does not serve the applicants who are granted international protection, who face challenges in integrating into Irish society due to these delays; it does not benefit the State to have increasingly high demands placed on an already stretched accommodation system; and very importantly it undermines public confidence in the systems and agencies designed to provide effective protection to those who need it. The challenges we currently face in providing an asylum system that is fit for purpose are shared by other EU member states. The overall objective of the new EU migration and asylum pact is to provide a fair, sustainable and efficient asylum procedure. This will be achieved through convergence in asylum practices across the European Union. It is for these reasons that the Government has put forward the International Protection Bill 2026. The Bill represents the most significant reform of Irish asylum laws in the history of our State. It will put in place a new framework to manage migration and asylum for the long term. In that context, I would like to address the recommendation of the Oireachtas Joint Committee on Justice, Home Affairs and Migration in its pre-legislative scrutiny report that opting out of the majority of the EU migration and asylum pact might be reconsidered. The pact and the Bill introduce faster processing of asylum claims with a much more efficient decision-making system. Faster processing will mean that applicants spend less time in IPAS accommodation. It will significantly reduce the cost of the asylum system to the State. Faster decision-making will also mean that successful applicants will be granted international protection sooner and those applicants who are refused can be returned to their country of origin sooner. Having a common system across the EU makes sure that all applicants are treated in the same way in every member state, with no incentive to move from one to another. If Ireland had not opted in to the pact, it is likely that we would face higher levels of secondary movement, slower processing and a less efficient returns system. This would result in applicants staying in the system for much longer, at much greater cost to the State in terms of the provision of accommodation and other supports. It is for all these reasons that the Government and both Houses of the Oireachtas have given approval, in accordance with the Constitution, for Ireland to opt in to the pact measures. The proposal to opt in was debated at length in the Houses before the opt-in motions were approved. It is difficult, therefore, to understand how the joint committee made the recommendation it did. Aside from the fact that there would be no benefit to our opting out of any of the pact measures, it would not be legally possible to do so at this stage. The primary question I would pose to those who wish Ireland had not opted in is this: what would you do differently? What ideas for a better, more cohesive, more efficient system have you got that the pact prevents us from implementing? I turn now to the detail of the Bill. The Bill is divided into 15 Parts which I will briefly outline. Part 1 deals with preliminary matters. Part 2 sets out matters relating to the taking of biometric data and the screening of applicants for international protection. Part 3 provides for the procedures that will apply where a person applies for international protection. Provision is made for the assessment process for determining the age of an applicant. The new age assessment process will meet the requirements of the asylum procedures regulation and will involve a multidisciplinary assessment. Part 4 implements provisions of the asylum and migration management regulation relating to the determination of the member state responsible for examining an international protection application. The new responsibility provisions replace the Dublin III regulation. Part 5 deals with the examination of international protection applications. It outlines the different decisions that can be made in relation to applications and implements the provisions of the asylum procedures regulation relating to the asylum border procedure. This new procedure sets a 12-week time limit for first instance and appeal decisions to be completed for certain categories of applications. The aim is to issue decisions in the quickest time possible to those less likely to have an entitlement to international protection. Part 6 deals with the right of an applicant to appeal to the new tribunal for asylum and returns appeals where an application for international protection is refused at first instance. The time limits to appeal will be set at the maximum of the range specified in the asylum procedures regulation. The tribunal will also be required to make a decision in respect of an appeal without holding an oral hearing unless the appeals officer is of the opinion that a full and ex nunc examination of both facts and points of law cannot be achieved without an oral hearing. The phrase " ex nunc " is a Latin phrase essentially meaning "from now on". It is used as a legal term to signify that the appeal will take account of the circumstances pertaining at the time of the appeal and not in the past. Part 7 deals with the rights and entitlements of persons who have been granted international protection. Part 7 was amended in the Dáil to give effect to the proposals approved by the Government last November on family reunifications. Beneficiaries of international protection will be required to wait for a two-year period before bringing family members to Ireland and to be able to show proof that they are self-sufficient. This proposal recognises that our resources are not unlimited and that those seeking reunification should also be able to support any persons joining them. A person who is an unaccompanied minor at the time they made their application for international protection and who seeks to bring a family member to enter and reside in the State may request to have the waiting period waived as well as certain criteria on the reliance of social welfare payments or housing support. Part 8 sets out the circumstances where voluntary return may be offered. Part 8 also makes provision for the withdrawal of international protection and the right of appeal for a person subject to the withdrawal of international protection. Part 9 provides for the making of a return decision at the same time as a decision which rejects an international protection application. When a return decision is made, an entry ban notice will be issued to require the person to remain outside the State. Where a person opts for voluntary return, complies with all aspects and satisfactorily confirms his or her return, the entry ban notice and return decision will be revoked. Provision is made for the appropriate alignment with relevant provisions under the return border procedure regulation. Part 10 provides for matters relating to programme refugees and the process that will apply where it is proposed that Ireland should seek to activate the procedure in the crisis and force majeure regulation. Part 11 provides for the establishment, membership and functions of the new tribunal to deal with appeals under the Bill. It will be known as the tribunal for asylum and returns appeals, TARA. It will operate separately from the existing international protection appeal tribunal, IPAT, and will only deal with appeals against international protection return decisions. Part 12 provides for the establishment of an independent monitoring mechanism, as provided for in the screening regulation and the asylum border procedures, which will be headed by a chief inspector of asylum border procedures. The chief inspector will monitor compliance with EU and international law during the screening. The chief inspector will have the power to investigate allegations of breaches of rights and to inspect asylum border facilities. Part 13 makes provision for miscellaneous matters, including the designation of safe countries. Part 14 provides for transitional provisions and amendments to the International Protection Act 2015. Existing caseloads will continue to be processed under the 2015 Act. The new arrangements will apply to international protection applications lodged from 12 June. Part 15 provides for amendments to other enactments. I will speak briefly to the amendments that are intended to be brought forward on Committee Stage. These include amendments to give effect to the reception conditions directive in relation to material reception conditions, restrictions on freedom of movement, detention, special reception needs and labour market access. There will also be amendments to make provision for legal counselling, legal advice and legal aid. The amendments will include expanded and clarified provisions to deal with the temporary protection of displaced persons, including revocation of temporary protection. I conclude with that and look forward to hearing the contributions of Senators and hope we can have a constructive and informative debate on this significant Bill. I commend the Bill to the House. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-03-03/debate/main Retrieved: 2026-08-14T04:54:42+00:00 Sitting date: 2026-03-03