International Protection Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-03-19
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Nicole Ryan (SF), Administrative Panel

I will speak briefly to amendments Nos. 30, 34, 199, 215, 262 and 268. Amendment No. 30 relates to the best interests of the child. This amendment is about placing a clear and explicit principle at the heart of this legislation, namely, that the best interests of the child shall be the primary consideration in all matters concerning minors.
While the principle is well recognised in international law and in broader child protection frameworks, it is essential that it is clearly reflected within this Bill. This amendment ensures that it is not implied but stated. It is also a clear obligation on the Minister to have due regard to this principle in all decisions and actions under this Bill relating to minors, which is important. For example, when it comes to things like multidisciplinary age assessments that must be conducted, they have to be fair and a multidisciplinary team has to be put in place for something like that. Without a clear statutory footing, there is always the risk that the needs of the child can become secondary within complex administrative systems.
Amendment No. 34 builds on something that is not a new concept. It is a well-established principle in both Irish law and international law, most notably under the UN Convention on the Rights of the Child to which Ireland is a signatory. However, where legislation directly impacts vulnerable children, particularly within the international protection system, it is essential that this principle is not just implied but also is clearly stated. As we know, many children who may come here will experience trauma, displacement, conflict and loss. Some may be unaccompanied minors arriving in the State without the protection or support of a parent or guardian. In those circumstances, the decisions made by the State can have a profound and lasting impact on their lives. This amendment ensures that the best interests of the child are explicitly recognised as the primary consideration during all the procedures carried out under this part of the legislation, including those linked to EU systems such as Eurodac. First, it provides a clear guidance for those responsible for implementing the legislation, ensuring that decisions are made with proper regard to those needs and vulnerable children. Second, it strengthens the legal safeguards available to minors within the system by making it clear that their welfare is not secondary but central.
Amendment No. 199 builds on the principle that we have already discussed, which is that the best interests of the child must the primary consideration. This amendment ensures that the principle is explicitly applied within this part of the Bill and that it is aligned with Article 23 of the asylum and migration management regulation. It ensures consistency between our domestic legislation and our obligation at EU level. It provides clarity for decision-makers operating within the system. It also ensures there is no ambiguity and that when procedures are being carried out with respect to a minor, the child's best interest is central to this.
Amendment No. 215 ensures that this principle is specifically linked to the part of the Bill that is aligned to Article 22 of the asylum procedures regulation. First, it ensures that our domestic legislation is consistent with EU standards and obligations. Second, it provides clarity to those implementing the law and that the child's welfare is not an afterthought but a consideration. It is particularly important in the context of international protection procedures, which can be complex and, at times, very difficult for children to navigate. By clearly embedding it, we will ensure that it applies across all relevant decision-making processes within this part.
Amendment No. 262 reinforces the core principles. This amendment ensures that the principle is clearly embedded within this section of the Bill and aligned to the relevant provisions of the asylum procedures regulation. It is consistent with the other amendments.
Amendment No. 268 reinforces the principle that we have consistently sought to embed in this legislation, namely, the best interests of the child. This amendment ensures that within this Part, decision-making in respect of minors is clearly guided by that obligation and it is aligned with Article 20 of the qualification regulation. It ensures coherence with EU law, provides clarity for those implementing the system and strengthens the legal basis for ensuring that children's rights are upheld in practice.

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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