International Protection Bill 2026: Report and Final Stages
Seanad Éireann — 2026-03-25
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Jim O'Callaghan (FF), Dublin Bay South

I thank Senator Cosgrove for tabling the amendment and I thank those of her colleagues who co-signed it. Senator Cosgrove is correct in identifying that under the new scheme, international protection officers will not be independent in the performance of their functions. That is correct. There is a change in this legislation, and it is a change that is apparent when we look at the EU directives. The entity that is going to be determining applications at first instance is the Minister. I am the determining authority, and I will be responsible for issuing first-instance decisions. It is different from the provision that operated under section 74 of the 2015 Act. However, just because it is me does not mean that applications will not be considered on their merits and in an independent process. The measures under the directives and regulations do not require the independence of officers who will be performing the functions of the Minister. As a result, I cannot accept the amendment.
I thank Senators Higgins and Ruane for bringing forward the amendment that was discussed earlier, and which I have accepted. There was a divergence between two of the systems. However, I do not think the same applies in respect of searches of applicants. If Senator Higgins looks at section 32, she will see that very detailed provisions are set out in terms of how these searches are to be conducted and in what circumstances they may be permissible. Subsection (7) states:
A search of the applicant’s person ... shall be carried out by a person of the same sex as the applicant and in full respect for the human dignity of the applicant and the applicant’s physical and psychological integrity.
It also sets out that reasons must be given. There is a very detailed provision in section 32 as to how searches may be performed.

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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