International Protection Bill 2026: Committee Stage Seanad Éireann — 2026-03-18 ============================================================ Patricia Stephenson (SD), Labour Panel With regard to the idea of legal counselling versus legal advice, the Minister says this is a new concept he is bringing onto a statutory footing in Ireland. As my understanding is that advice has to be conducted by a solicitor or barrister, who exactly will carry out this counselling? It is good that some concept of legal counselling has been brought forward and that the Minister has given a definition. It is quite baffling that it has taken so long to get it but nevertheless it is good that it is here. We do have concerns that what the Minister is proposing will fall short of what applicants are currently entitled to. The reason we tabled our amendments is to ensure legal counselling is individualised. This is very specific. It should not be group counselling but should be individualised to a particular case and tailored to the needs and circumstances of an individual. It is not clear from what the Minister has brought forward on legal counselling that this will indeed be the case. We cannot have a situation where vulnerable applicants navigating deeply complex laws and procedures are only being provided with what the Minister is describing as legal counselling on a group basis or in the form of any generalised advice. It would not be appropriate and it would not fit the needs of these very vulnerable people. A situation like this would see many applicants unable to navigate the system. They would not be able to manage their cases appropriately and, in turn, this would lead to bad decisions being made. Our goal is to ensure the law facilitates good decision-making, and all of us in the room would agree with this. Therefore, it is essential that those interacting with the system are empowered to do so in a way that not only protects their rights but leads to good decisions being made in line with the legislation and does not lead to challenges with appeals later. This means ensuring people have appropriate and proper supports available to them in the form of legal advice or individualised legal counselling, with clarity on exactly who is carrying out the legal counselling. Supports in the form of legal counselling must be bespoke and individual, and this is why we have tabled the amendment. I understand the Minister will not accept it but I really think we are failing people if we put them into group legal advice. We will be utterly failing them and they will not be able to get the proper support they need throughout this really complicated process. We have tabled amendment No. 62 on the entitlement of the applicant, for the purposes of his or her application and for the purposes of any decision under the Act, to consult a legal adviser and seek legal assistance and legal representation. It is designed in order that applicants can be informed of their right to consult a legal adviser and seek legal assistance and legal representation throughout their application process. It is very clear and very important that they are informed of this. There has been significant confusion and concern throughout the passage of the Bill as to the level of legal assistance that will be provided during an incredibly complex legal process. While I am happy the Minister has belatedly tabled an amendment defining the concept of legal counselling, the fact remains we cannot accept a situation where there is any reduction to the level of legal assistance available to applicants. We brought forward amendment No. 62 to make clear the need to inform the applicant of their rights and of the State's obligations. It is obvious that these rights should include the legal assistance rights of the applicant. International protection applicants are vulnerable people who are navigating complex legal processes. It is essential that they are informed of the assistance available to them. It is essential that this assistance is not reduced. It is all about better quality first-instance decision-making. This will reduce the likelihood of and the volume of appeals and result in a more efficient and cost-effective system. There is a human rights-based approach to having this legal system. There is a process lens to it as well in terms of ensuring the decisions that are made are proper, strong and robust and do not lead to more appeals later down the line. We can perhaps speak further on it when the Minister responds. --- 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