International Protection Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-03-19
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Colm Brophy (FG), Dublin South-West

I thank the Senators. I propose to respond to amendments Nos. 16, 380 and 381 together. I am not accepting the amendments. I believe amendment No. 16 would restrict the State's ability to deal with the capacity issues in a flexible manner. Having a fixed definition for a component of the asylum process that is subject to fluctuation depending on the numbers of individuals seeking international protection would limit the State's ability to respond to sudden increases in arrival and would place the State in a legally precarious position were we to exceed a set national capacity figure.
As for amendment No. 380, it would lead to an unnecessary level of rigidity and create operational difficulties if implemented. Moreover, the 85% figure in the proposed section 224(2) contained in the amendment appears to be an arbitrary one with no legal basis in national, international or EU law. I am hesitant to implement such a measure as it may be misinterpreted and construed by some as an attempt to impose a maximum number of persons who may apply for international protection. In addition, the publication of figures under paragraphs (a) and (b) of the proposed section 224(1) would not provide proof the State is in compliance with its obligations under the reception conditions directive. A number of considerations such as the condition of accommodation centres, the provision of adequate healthcare for persons accommodated in those centres and the treatment of applicants assessed as having special reception needs while in IPAS accommodation also need to be taken into account when determining whether the State is meeting its obligations under the reception conditions directive. The amendment does not add any substantive value to the Bill and therefore I do not intend to accept it.
On amendment No. 381, rather than creating effective oversight of the reception system this amendment would cause delays in the expansion of IPAS accommodation in instances where the State is experiencing a high level of demand for accommodation and would hamper the ability of operational staff to respond to this demand. This would cause particular difficulties in ensuring the State meets its obligations under Article 19.1 of the reception conditions directive to provide material reception conditions to applicants from the moment they make their application for international protection.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-03-19/debate/main
Retrieved: 2026-08-14T04:54:45+00:00
Sitting date: 2026-03-19