International Protection Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-03-19
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Jim O'Callaghan (FF), Dublin Bay South

I thank Senator Nicole Ryan for her amendments, and other Senators for their contributions. What we are debating at present is chapter 2 of Part 3 of the Bill, which concerns the appointment of representatives for unaccompanied minors. I am well aware that this is an area of significant interest and importance to Senators. It is also a very significant part of the legislation. As people will be aware, under the Bill there will be a requirement on me to designate a competent authority for the purpose of being the provisional representative or the representative persons. One of the issues that is contained within the Bill at present in section 44 is that there will be a requirement for persons to be appointed as representatives as soon as possible in respect of the unaccompanied minor. That was one of the issues that was raised by Deputies and it was specifically raised by Senator Ryan in her proposed amendment. In respect of that proposed amendment - amendment No. 100 - it is important to point out that the requirement under the directive is that somebody would be appointed as a provisional representative as soon as possible and that a long-term representative would be appointed within 15 days. Senator Ryan's amendment sought to have a period of three days specified in respect of that but I believe that what will happen is that the personal representative will be appointed very shortly after the minor arrives in the State, and most probably usually on the day the minor arrives. "As soon as possible" is intended to make sure that provisional representatives are appointed at the earliest possible time. That is the reason for not accepting amendment No. 100. I believe the provisions that are there in terms of "as soon as possible" will be more effective.
Senator Black also referred to what is a very important amending provision that is coming in during this debate, if voted for by the Seanad and enacted, which is contained in amendment No. 116. She correctly points out that it sets out in considerable detail the functions of provisional representative persons and representative persons. It extends to two pages. It is important that the functions of the representatives are set out very precisely. As we will see from subsection (2) of what will be the new section 47, the requirement will be to meet with the unaccompanied minor and take into account the minor's views, to assist the unaccompanied minor in the provision of information, and to provide the unaccompanied minor with information. It is all set out as to exactly what the requirements are.
The concerns of Senators Black and Higgins are that this will be far too much work if a person is entitled to represent 30 unaccompanied minors. The limit of 30, as it is provided for in the legislation, is an outer limit provided for in the directives and in the regulations. It is expected that, operationally, the number of minors in a representative's caseload will be lower than 30. Notwithstanding the specification of what is contained within amendment No. 116, the functions to a large extent will be functions that at present are carried out by Tusla, which is simply accompanying minors through the process, attending at the interview with the minor and other such functions. Some extra functions will arrive as a result of the amendment provided for in section 116.
While I am on my feet, I will respond to what Senator Higgins referred to. She spoke about the fact that the legislation allows for the detention of minors. Technically, that is correct but we need to be clear about the circumstances in which the detention of a minor is permitted under the legislation, in particular under section 24 at present. There is a cumulative list of requirements that should apply before the detention of a minor is permitted. I will mention only one of them. The last requirement which is set out in section 24(12)(c) is that it is assessed by the member or officer that the detention is in the unaccompanied minor's best interests and safeguards the unaccompanied minor. The only time there will be detention for a very short period is if it is believed to be in the best interests of the unaccompanied minor and it safeguards the unaccompanied minor. Technically, Senator Higgins is correct to say that the Bill provides for the detention of minors but we have to be clear and accurate in terms of the circumstances in which that is permitted. It is only permitted when it is in the best interests of the unaccompanied minor.

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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