International Protection Bill 2026: Committee Stage Seanad Éireann — 2026-03-18 ============================================================ Jim O'Callaghan (FF), Dublin Bay South As the Leas-Chathaoirleach has indicated, we are discussing a group of amendments. The vast majority of the amendments in the grouping are mine but some are not, including amendments Nos. 12 to 14, inclusive, 60 and 62, and we will deal with them as I go through them. The amendments I am bringing forward will introduce legal counselling under the Bill. They provide for a definition of legal counselling, setting it distinctly apart from legal advice, legal assistance and legal representation. This is why I will not be accepting amendments Nos. 12 or 13, as they would fully align legal counselling with legal advice, which is not the intention of this service. Legal counselling is a new concept in Irish law and will consist of the provision of general advice and guidance in relation to an application, and not legal advice, assistance or representation, which are clearly set out in Ireland on a statutory basis. The goal here is to create a new layer of guidance at the very early stage of an international protection application, which will endeavour to ensure that all applicants are aware of what procedures apply to them and what their courses of action can be. I should also say this is not being introduced to replace the existing systems of civil legal advice and legal aid that are already provided. By implementing this new additional service we will not be taking away from but, in fact, bolstering that system, ensuring that applicants have access to vital information pertinent to the application process before they have completed the lodging of their application. Work is ongoing in my Department, in conjunction with officials from the Legal Aid Board to implement fully this service when the pact comes into effect. The delivery will most likely take on a multitude of different forms, including digital, group sessions and one-on-one services, depending on the complexity of the applicants' needs. Taking account of the above, I do not propose to accept amendment to amendment No. 14. The Department's legal counselling provisions already accommodate the individual needs of applicants with respect to the delivery of legal counselling. I am concerned the amendment to amendment No. 14 would risk bringing the scope of legal counselling too close to that of legal advice, whereby applicants receive individual advice tailored to their personal circumstances. Amendments Nos. 58, 61 and 63 will ensure that applicants are made aware of their right to legal counselling, their right to consult a legal representative and their right to apply for legal advice and legal aid. As has been stated previously, legal counselling is not a requirement for legal aid or legal representation, and as such it is vital that applicants are made aware of their right to avail of such. For this reason I propose to not accept amendments Nos. 60 and 62 as the other amendments will account for these suggestions. Amendment No. 66 will introduce a new section setting out where an applicant may request legal counselling. It also sets out that it will be provided in line with the asylum procedures regulation and the asylum migration management regulation. Applicants may be excluded from receiving legal counselling where they are already being assisted by a legal representative. Whether or not applicants are being provided with legal counselling or excluded from such shall be recorded in their files. For this reason I propose to not accept amendment No. 65 as amendment No. 66 will account for this. Amendment No. 67 will introduce a new section establishing an applicant's right to consult legal representation under the Bill. Applicants may obtain legal advice at any stage during the procedure in respect of their application to determine the member state responsible under the asylum migration management regulation, AMMR, or in respect of an appeal. Legal advice is given the same meaning as it has under the Legal Services Regulation Act 2015 and may be provided by a practising solicitor or barrister. Amendments Nos. 203, 220, 224 to 226, inclusive, 228 to 233, inclusive, 242 and 243 are technical and drafting amendments that provide clarity and correct errors in the text. Amendment No. 409 is related to the Long Title of the Bill. Contained in the Title of the Bill is the Bill's purpose, a list of the instruments it seeks to implement into Irish law and a list of the other Acts being amended or repealed by its provisions. Amendments brought forward by my Department at this stage seek to insert provisions related to the delivery of legal counselling into the Civil Legal Aid Act 1995. As such, this amendment is necessary to maintain a full list of Acts being amended by the Bill. Amendment No. 6 seeks to put in a definition of the Act of 1995, being the Civil Legal Aid Act 1995. --- 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/2026-03-18/debate/main Retrieved: 2026-08-14T04:54:44+00:00 Sitting date: 2026-03-18