International Protection Bill 2026: From the Seanad
Dail Éireann — 2026-04-15
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Jim O'Callaghan (FF), Dublin Bay South

Amendment No. 16 is a technical amendment that repeals section 20 of the International Protection Act 2015 which provides for the detention of applicants in certain limited circumstances. Following the commencement of this Bill, any applicants under that Act who are to be detained will be subject to the detention provisions of this Bill in accordance with the reception conditions directive. Therefore, it is necessary to repeal section 20 of the International Protection Act 2015.
Amendment No. 17 seeks to ensure an applicant is fully informed of their obligations to co-operate with a member of An Garda Síochána or an immigration officer for the purposes of section 23 of the Bill and the consequences for failing to do so. Amendment Nos. 59 and 62 are technical drafting amendments to correct cross-references and improve the clarity of the text. The proposed new Part 5 of the Bill gives effect to the provisions of the reception conditions directive relating to restrictions of freedom of movement, detention and alternatives to detention.
Amendment No. 90 describes the categories of applicants to whom the new Part 5 will apply. Amendment No. 91 lists the specific grounds under which an applicant may be considered at risk of absconding. These include the presentation of false or misleading information and failing to co-operate with competent authorities or procedural requirements. The procedural requirements an applicant must adhere to are also listed in this amendment.
Regarding Deputy Carthy's amendment to amendment No. 91, I do not propose to accept it. The purpose of this amendment appears to be to require the Minister to lay a report before both Houses of the Oireachtas, setting out particular relevant statistical information relating to applicants for international protection where the question of the risk of absconding is assessed under the new section. The collection of the type of data the amendment seeks to capture would require scoping by my Department as it is possible not all of this information is currently systemically captured by its IT systems in the manner specified in the amendment. While I cannot accept the amendment, I can inform Deputy Carthy that the International Protection Office publishes monthly statistics on applications for international protection that are publicly available on its website. It is also possible for material to be sought by way of parliamentary question.
Amendment No. 101 transposes Article 10.1 of the reception conditions directive and provides the grounds for the prohibition of detention, which includes the fact that an individual is an applicant, or on the basis that he or she is an applicant of a particular nationality. This amendment specifies that detention under Chapter 3 of Part 5 will not be punitive in nature. Amendment No. 102 transposes Article 10.4 of the reception conditions directive, which provides the grounds for the detention of an applicant.
These grounds include to determine or verify the identity or nationality of the applicant, to ensure transfer procedures are carried out in accordance with the asylum and migration management regulation and to determine the elements in which the application for international protection is based, which could not be obtained in the absence of a detention, in particular where there is a risk of absconding. Where the grounds under amendment No. 103 apply, an immigration officer or a member of the Garda may apply alternatives to detention following an individual assessment of the applicant. Such requirements can include an obligation to reside at, or attend a specified place, or to report to an immigration officer or member of the Garda at a specified time or at reasonable specified intervals.
Amendment No. 104 provides that in exceptional circumstances an immigration officer or a member of An Garda Síochána may make a requirement under amendment No. 103 for a minor who is an applicant. This may occur where the parent or primary care giver of an accompanied minor is the subject of a requirement under amendment No. 103 where such a requirement safeguards the minor or where it has been established that making the requirement of the minor is assessed to be in his or her best interests.
Amendment No. 105 outlines that requirements made under amendment No. 103 must be based on an individual assessment to ensure applicants are kept fully informed of any requirements being placed on them. This amendment specifies that this information will be notified to the applicant in writing and will inform him or her of the reasons for this decision. In order to take the changing circumstances of an applicant's situation into account, amendment No. 106 provides that an immigration officer or member of the Garda may vary a requirement under amendment No. 103 where the circumstances relating to the making of the requirement change, and in such other particular circumstances as I may prescribe. To ensure that robust legal remedies are in place for applicants, amendment No. 107 provides that an applicant may avail of an appeals procedure to the District Court in relation to a requirement made under amendment No. 103 while the requirement is in force.
Amendment No. 108 provides for the arrest and detention of applicants, with the exception of minors, for as short a time as possible, where it is determined that other less coercive alternative measures cannot be applied and where detention is deemed to be necessary. This amendment will provide legal protections for applicants by ensuring they are informed of the reason for their arrest and detention and that they are entitled to seek free legal assistance and legal representation, consult a legal representative and challenge the detention. The grounds for the detention of an applicant will continue to be monitored, and where it is assessed that these grounds no longer apply, be brought before a judge of the District Court who will order the release of the person.
Amendment No. 109 provides for a very limited set of circumstances in which a minor may be detained. These are for the purposes of determining or verifying the identity or nationality of the minor where less coercive alternative measures cannot be applied effectively and where detention has been assessed as being in the child's best interests. All of these requirements must be met before a minor can be detained. Minors may only be detained for the shortest possible period and in a place which is appropriate to their needs. Any individual detained under this amendment will be able to seek free legal assistance and legal representation, consult a legal representative and challenge the detention order. I reiterate that this Bill does not permit the routine detention of minors, as has been suggested by some, and this will not become a feature of our international protection system.
To ensure the safety of applicants and those responsible for helping them during the international protection process, amendment No. 110 places an obligation on the applicant to ensure that he or she does not endanger his or her safety, or the safety of others, or obstruct or hinder an immigration officer or a member of the Garda for performing their duties under this part of the Bill.
Where an applicant is detained under amendment No. 109, amendment No. 111 provides for the rights of the applicant and ensures they are able to avail of effective legal protections under this Bill, including access to legal assistance and legal representation. To ensure that persons with special reception needs are treated with care and consideration during the international protection process, amendment No. 112 provides that such applicants are not placed in detention where this might have serious negative impacts on the physical and mental health. Where applicants assessed as having special reception needs are placed in detention, the health of the applicant will be of primary importance, and robust supports and protections will be provided for them.
In the interests of protecting minors during the international protection process, amendment No. 113 provides for the Child and Family Agency to be notified where an applicant is detained under amendment No. 108, and the minor is in the custody of the detained applicant. Amendment No. 114 provides that for the purposes of the grounds of detention under amendment No. 108, any delays in administrative procedures that cannot be attributed to the applicant should not justify a continuation of detention.
Amendment No. 115 seeks to ensure that applicants who have been detained under this Part are provided with safe and secure conditions of detention. This includes the need to separate detained applicants from ordinary prisoners and other third country nationals who have not lodged an application for international protection. Provisions also made to allow detained applicants to contact with family members, legal representatives and persons representing relevant NGOs, and for access to open-air space.
Finally, amendment No. 158 provides for the insertion of a reference to the new Part 5 of the Bill into section 126, which deals with restrictions and freedom of movement during the asylum border procedure.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-04-15/debate/main
Retrieved: 2026-08-14T04:54:49+00:00
Sitting date: 2026-04-15