International Protection Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-03-19
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Michael McDowell (IND), National University of Ireland

I move amendment No. 25:
In page 25, between lines 18 and 19, to insert the following:
"CHAPTER 2
Powers of the Government to adapt, suspend and modify application of international protection provisions in the case of exceptional difficulties or emergencies
Orders made by the Government
7. (1) Nothwithstanding any provision of this Act or of any other enactment relating to the provision by the State of international protection or reception of persons by the State as refugees or for subsidiary protection or for application for either such status, the Government by order may adapt, suspend or modify the application of any provision of any such enactment whereby the said order of the Government declares that such measures are urgently required in the public interest or to protect the security of the State or to conserve the resources of the State in the national interest.
(2) Without prejudice to the provisions of subsection (1) , the power of the Government to make an order thereunder shall include the following powers:
(a) the power to limit the number of persons entitled to apply for international protection in any given year or other period;
(b) the power to limit or suspend any obligations on the State to provide accommodation for any persons applying for international protection;
(c) the power to limit or suspend any obligations on the State to provide payments or material assistance in kind to any applicants for international protection;
(d) the power to limit or suspend any liability on the part of the State or other statutory bodies or authorities or agencies to compensate any persons applying for international protection or their dependents for any failure to afford such persons accommodation or other welfare assistance.
(3) In the exercise of its powers under this Chapter, the Government may have regard to any relevant consideration including the following considerations:
(a) the budgetary situation and financial capacity of the Exchequer;
(b) the capacity of the State and of national economic resources and enterprises to provide accommodation for persons seeking international protection and for other persons needing accommodation in the State;
(c) the capacity of the State and statutory and other bodies to provide temporary or emergency accommodation for persons who could be otherwise homeless or obliged to live in overcrowded and/or unsafe or unsanitary circumstances;
(d) the exigencies of the common good.".
This proposal is to amend the Act to allow the Government to have an emergency break. Essentially, what it says is that where an emergency arises, the Government is entitled to make an order limiting the number of persons entitled to apply for international protection if we are being overwhelmed by numbers, and including the power to limit or suspend any obligations of the State to provide accommodation if we do not have it, the power to limit or suspend any obligations to provide payments or material assistance in certain circumstances and the power to limit or suspend any liability on the part of the State or statutory bodies to compensate any persons applying for international protection or their dependants.
I have in mind the judgment the High Court made awarding compensation. Senator Mullen has been waiting patiently to acquaint the House with the factual background to the award of compensation so that we can see that there is a strong case for allowing the State in certain circumstances to say we cannot afford to compensate everybody whose accommodation, for instance, has fallen below the standards required by the Court of Justice of the European Union. I will give way to Senator Mullen, if I can.

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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