International Protection Bill 2026: Committee Stage
Seanad Éireann — 2026-03-18
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Jim O'Callaghan (FF), Dublin Bay South

I would prefer to respond to Senators individually. I know the House does not do it that way but it would be easier in the long run for me and for the Senators as well to get a full and adequate response. Senator Higgins, in terms of section 81, "legal representative" is going to be a stronger term and a stronger provision for the applicant. Second, in terms of the unaccompanied, minor, as the Senator knows, I will be designating a competent authority as having responsibility for looking after an unaccompanied minor as they go through the process of making their application. That is a role that in part is carried out by Tusla at present and it will be extended under the Bill once it is enacted.
In terms of what Senators Ryan and Higgins said, maybe I was too cautious in my language by saying the likelihood is that it will be through the Legal Aid Board. It will always be through the Legal Aid Board is probably what I can say to the Senators. Whoever is providing the legal counselling will be providing it through the auspices or under the authority of the Legal Aid Board. They may not be a qualified solicitor or barrister but they will be coming within the parameters of the Legal Aid Board. In terms of indemnity or accountability for it, obviously the Legal Aid Board in providing counselling has obligations to ensure that the counselling it provides is accurate, as it should be.
Senator Noonan spoke about his amendment No. 60. It is too broad in terms of giving an applicant at first instance a right to receive legal representation. That would place far too much of a financial obligation on the State. People can seek legal assistance or legal advice. They are guaranteed to get legal counselling.
Finally, in respect of the issue raised by Senator Higgins, I do not think what is proposed is unfair in circumstances in which somebody who is receiving legal aid and legal representation turns around and says they need legal counselling as well. Certainly legal aid and legal representation is probably stronger from the point of view of the applicant compared to the counselling that is being provided. It is only fair on the State to say that those who have legal aid and legal representation cannot then come demanding legal counselling. The likelihood and the rule is that everyone will get legal counselling in the first instance.

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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