International Protection Bill 2026: Report and Final Stages
Seanad Éireann — 2026-03-25
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Alice-Mary Higgins (IND), National University of Ireland

I want to make a very short acknowledgement first in relation to this amendment, which talks about those who are performing their functions, as conferred by the Minister. I acknowledge that the Minister has accepted one point that we put forward in relation to the requirement for those officers to identify themselves. That was a good decision. It would be a very worrying thing if we had two classes of immigration officers, with some required to identify themselves and others not, depending on which Act they were performing functions under. It is appropriate and I am glad the Minister has brought that through. It points, however, to the fact that there are a number of other very practical recommendations in relation to the functions of immigration officers, which we are not going to have an opportunity to properly tease out. I worry that that inadvertent consequence might not have been identified. I give credit to Robert Kitt, who is working with us, and others, who identified it, and to the Minister for engaging and putting it forward as a Report Stage amendment. There are a number of other issues which relate to the same point, where the Minister is giving functions to immigration officers, where I am worried about there being a potential for the same two-tier effect. One example of it is in relation to the functions on search. Under the immigration laws, the Minister may set out regulations on how a search is conducted. There are clear measures set out. For somebody who is in the immigration system, the Minister may give clear guidance on how a search may be conducted of a person and their possessions, whereas the equivalent set of regulations does not seem to be provided for in this legislation in relation to persons who are seeking international protection. That is very worrying.
If we look at that very wide definition - we had hoped to amend it, but our amendment was ruled out of order - of the kinds of things that can be taken during searches, it could be letters, photographs or currency. Literally, money can be taken. We think of how intensely important photographs are in some cases for those fleeing situations of conflict and war. We think of the pure humanity of this. Maybe the only connection they have back to their family is photographs, but photographs can be taken. There is no provision in relation to this, or none that we can see. Maybe the Minister will correct me. I would be delighted to learn that there are plans in relation to searches which would, for example, set limits on what can be searched, ensure that there is a receipting function where possessions are taken and set a limit on how long these things can be taken for.
That would provide some degree of accountability in respect of immigration officers, who are being given significant powers, such that when they are conducting searches, they will be held to the same standards to which they would be held if they were conducting searches under the Immigration Act. It is the same as in the amendment that the Minister rightly accepted. The Immigration Act provides that immigration officers should have to identify themselves when performing functions. It also provides that those conducting searches be subject to regulations that the Minister may put in place.
I will not go any further. This is an example of why it is so regrettable that less than 90 seconds were allocated in respect of every amendment, including some of the very practical, small ideas on the performance of functions that were mentioned by Senator Cosgrove. There is no opportunity to pick them up. We may have to come back with a large number of fixes that are needed because we are rushing matters at this point or, rather, because the Government has chosen to rush them.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-03-25/debate/main
Retrieved: 2026-08-14T04:54:46+00:00
Sitting date: 2026-03-25