Jim O'Callaghan

Overall sentiment: 0.26
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I move: "That the Bill be now read a Second Time." I am very pleased to introduce the International Protection Bill 2026 to the House. Migration has been a distinctive feature of Ireland’s history. Few countries in Europe have been as affected by emigration over the past two centuries as Ireland, with millions having left in search of safe haven, economic prosperity and opportunities not afforded to them at home. In recent years, we have become a country that is able to provide the opportunities those who emigrated once sought. We are a safe and successful country with a vibrant economy, which has meant that people from across the globe want to come to Ireland in search of a better life. Over the years, we have seen the invaluable contribution that foreign-born workers have made in Ireland. These include workers in our healthcare system, hospitality industry, construction sector and tech industry. Each of these sectors has benefited from, and relies on, the excellent work provided by migrants who have come to Ireland to work. This Government is very clear about the value of migration to Ireland. The vast majority of people coming to Ireland are here to work or study. This Government also fundamentally believes in the right to claim asylum. We will always uphold our obligation on this important principle of international law for the sake of those who need our protection. At the same time, migration and asylum have given rise to challenges not only for Ireland, but across the EU. Migration and asylum are shared challenges that are increasingly difficult for any one country to deal with acting alone in a globalised and interdependent world. In 2025, my Department received approximately 13,000 applications for international protection. Although this is down 30% from the 2024 figure of 18,500, it is clear that issues will arise when attempting to deal with large numbers of international protection applicants in a system that was not designed to handle such demand. Decisions have historically taken far too long. This situation benefits no one. It does not serve applicants who are granted international protection, who face challenges in integrating into Irish society due to these delays; it does not benefit the State to have increasingly high demands placed on an already stretched accommodation system; and it undermines public confidence in the systems and agencies designed to provide effective protection to those who need it. The challenges we currently face in providing an asylum system that is fit for purpose are shared by other EU member states. The overall objective of the migration and asylum pact is to provide a fair, sustainable and efficient asylum procedure. This will be achieved through convergence in asylum practices across the EU. It is for these reasons that I am introducing the International Protection Bill 2026. This Bill delivers on the programme for Government commitment to implement the regulations and directives agreed by the EU by 12 June 2026. This Bill represents the most significant reform of Irish asylum laws in the history of the State. It will put in place a new framework to manage migration and asylum for the long term. It will improve decision-making structures within the international protection system and provide faster timelines for the processing of international protection applications. The overall objective of the Bill is to provide a fair, sustainable and efficient asylum procedure that is consistent with how asylum laws operate across the EU. In that context, I would like to address the recommendation of the Oireachtas Joint Committee on Justice, Home Affairs and Migration, which is chaired by Deputy Carthy and of which Deputy Gannon is a member, in its pre-legislative scrutiny report that opting out of the majority of the EU migration and asylum pact be reconsidered. The pact and the Bill introduce faster processing of asylum claims with a much more efficient decision-making system. Faster processing will mean that applicants spend less time in International Protection Accommodation Service, IPAS, centres and will significantly reduce the cost of the asylum system to the State. Faster decision-making will also mean that successful applicants will be granted international protection sooner and those whose applications are refused can be returned to their country of origin sooner. Having a common system across the EU makes sure that all applicants are treated the same in every member state, with no incentive to move from one to another. If Ireland had not opted in to the pact, it is likely that we would face higher levels of secondary movement, slower processing and a less efficient returns system. This would result in applicants staying in the system for much longer, at much greater cost to the State in terms of the provision of accommodation and other supports. If Members say that we should not have opted in to the regulations and directives associated with the EU migration pact, they should then recognise there is still an ability for them to put into this Bill what they say they would like to see in it. I am conscious that Deputy Carthy will, I suspect, say that he would not have opted in to the pact. That may very well be the position of Sinn Féin but there is an obligation on Deputy Carthy and Sinn Féin to state what measures they would like to see in this legislation that are not in it at present. We can just ignore the pact and decide what Members want to put into the Bill that is not in it at present. That is something that would focus minds on whether or not this is the best method of reforming the asylum process, and I believe it is. It is for all these reasons that the Government and both Houses of the Oireachtas have given approval in accordance with the Constitution for Ireland to opt in to these measures. The proposal to opt-in was debated at length in the Houses before the opt-in motions were approved. It is difficult, therefore, to understand how the joint committee made the recommendation it did. I should add that it would not be legally possible to seek to opt out even if that was the democratic wish of the Houses of the Oireachtas.

Sentiment score: 0.29

Because there was a democratic vote by the Members of the Houses of the Oireachtas, which I presume the Deputies accept.

Sentiment score: 0.38

In preparation for the commencement of the Act, my Department has already begun to operate elements of the new asylum border procedure and to transition gradually to fully implementing the provisions that will be set out in this legislation. This transition is being undertaken within the framework of the existing legislation, which is the International Protection Act 2015. To begin this transition, new readiness teams were established in June 2025. Operations began in Citywest reception centre in July 2025, in partnership with the International Protection Office, IPO, the International Protection Appeals Tribunal, IPAT, the International Protection Accommodation Service and the immigration service delivery’s repatriation team. This phased approach has enabled my Department to test the ability of the international protection system in its entirety to process cases within the required timeframe of the future asylum border procedure and to make adjustments where necessary. This work has allowed my Department to identify pressure points and practical challenges across the process, to create new standard operating procedures and to set out future training needs. I will now turn to the detail of the Bill. The Bill is divided into 15 Parts which I will briefly outline. Part 1 deals with preliminary matters. Chapter 2 provides that the Minister for justice is the designated determining authority for the purposes of the pact measures to determine whether a person qualifies as a refugee or is eligible for subsidiary protection. Chapter 2 provides for the application of the concepts of first country of asylum and safe third country. Part 2 of the Bill sets out matters relating to the taking of biometric data and the screening of applicants for international protection. Chapter 1 provides for the taking and transmission of data to Eurodac as well as the management of this data. Chapter 2 ensures appropriate alignment with the screening regulation. Persons applying for international protection will undergo screening. Chapter 2 provides for the designation of screening centres, the screening process and preliminary health and vulnerability checks. Part 3 provides for the procedures that will apply where a person applies for international protection. Chapter 1 provides for the making, registration and lodgement of applications for international protection. Chapter 2 makes provision for the appointment of representatives and provisional representatives for unaccompanied minors. Chapter 3 outlines the assessment process for determining the age of an applicant. The new age assessment process will meet the requirements of the asylum procedures regulation and will involve a multi-disciplinary assessment. Chapter 4 provides for an applicant's right to remain in the State while his or her application is being examined and the limitations and exceptions attached to the right to remain. Chapter 4 also provides for the international protection applicant card. Chapter 5 makes provision for explicit and implicit withdrawal of applications. Chapter 6 provides for subsequent applications. Part 4 implements provisions of the asylum and migration management regulation relating to the determination of the member state responsible for examining an international protection application. Part 4 provides for the determination of the member state responsible for examining an application. Provision is made for matters relating to transfer decisions. Part 4 sets out the procedures that will apply when Ireland is the member state responsible for examining an application. The new responsibility provisions replace the Dublin III regulation. Part 5 deals with the examination of international protection applications. Chapter 1 provides for the use of a medical examination for indications of past persecution or serious harm. Chapter 2 provides for the examination and, where necessary, the prioritisation of applications for international protection. Chapter 3 stipulates the requirements for interviews of applicants. Chapter 4 outlines the different decisions that can be made in relation to applications and sets out arrangements for the granting of refugee status or subsidiary protection status. Chapter 5 provides for the accelerated examination procedure. Chapter 6 implements the provisions of the asylum procedures regulation relating to the asylum border procedure. This new procedure sets a 12-week time limit for first instance and appeal decisions to be completed for certain categories of applications. The aim is to issue decisions in the quickest time possible to those less likely to have an entitlement to international protection. That is one of the most significant aspects of this new legislation. It places an obligation on this State to ensure that we process applications, in certain instances under the asylum border procedure, within a period of 12 weeks. That expedited process is fair to the applicant and fair to the State. Part 6 deals with the right of an applicant to appeal to the new tribunal for asylum and returns appeals where an application for international protection is refused at first instance. The time limits to appeal will be set at the maximum of the range specified in asylum procedures regulation. These time limits will be 10 days for appeals where the applicant was subject to the accelerated examination procedure or asylum border procedure and one month for other appeals. The tribunal will be required to make a decision in respect of an appeal without holding an oral hearing unless the appeals officer is of the opinion that a full and ex nunc examination of both facts and points of law cannot be achieved without an oral hearing. That is another very significant change that will arise as a result of this legislation, if it is enacted. At present, most appeals are determined alongside an oral hearing. In future, oral hearings under the new legislative procedure will be the exception. The phrase "ex nunc" is a Latin phrase essentially meaning "from now on". It is used as a legal term to signify that the appeal will take account of circumstances pertaining at the time of the appeal and not in the past. In deciding whether an oral hearing is necessary, the appeals officer must have regard to guidelines issued by the chief appeals officer relating to appeals. Part 7 deals with the rights and entitlements of persons who have been granted international protection. It provides for certain rights for beneficiaries of international protection and permission to reside in the State. Part 8 sets out the circumstances where voluntary return to a person’s country of origin, country of former habitual residence, or a third country where the person is legally entitled to reside, may be offered. The option of voluntary return will not be offered to persons who have committed a serious offence or who are a danger to the security of the State. Part 8 also makes provision for withdrawal of international protection and the right to appeal of a person subject to withdrawal of international protection. Part 9 provides for the making of a return decision at the same time as a decision which rejects an international protection application. When a return decision is made, an entry ban notice will be issued to require the person to remain outside the State. Where a person opts for voluntary return, complies with all aspects and satisfactorily confirms his or her return, the entry ban notice and return decision will be revoked. However, an entry ban notice will not be revoked where the person poses a risk to public policy, public order or national security. That combination of returns and exclusion is a new aspect to it as well. Chapter 2 provides for appropriate alignment with relevant provisions of the return border procedure regulation. Applicants whose applications are rejected under the asylum border procedure will, with limited exceptions, be placed in the return border procedure. Part 10 provides for matters relating to programme refugees and the process that will apply where it is proposed that Ireland should request the European Commission to activate the procedure in the crisis and force majeure regulation. Part 11 provides for the establishment, membership and functions of the new tribunal. It will be known as the tribunal for asylum and returns appeals. It will operate separately from IPAT and deal only with appeals against international protection returns decisions made under this legislation, which will commence on 12 June. Part 12 provides for the establishment of an independent monitoring mechanism, as provided for in the screening regulation and the asylum border procedures regulation, which will be headed by a chief inspector of asylum border procedures. The chief inspector will monitor compliance with EU and international law, including the Charter of Fundamental Rights of the European Union, during the screening of applicants and the application of the asylum border procedure. The chief inspector will have the power to investigate allegations of breaches of rights and to inspect asylum border facilities. Part 12 will also establish an advisory board for the chief inspector. The advisory board’s purpose will be to consult, guide and advise the chief inspector in relation to his or her duties and the performance of his or her functions. Part 13 makes provision for miscellaneous matters, including the designation of safe countries of origin and safe third countries. Part 14 provides for transitional provisions and amendments to the International Protection Act 2015. Existing caseloads of applications and appeals will continue to be processed under the 2015 Act, with the new arrangements applying to international protection applications lodged from 12 June of this year. Part 15 provides for amendments to other enactments. The Schedule sets out the text of the 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees. I now want to mention the amendments I intend to introduce on Committee and Report Stages. I will introduce amendments to give effect to the reception conditions directive. These will include provisions for material reception conditions, restrictions of freedom of movement, detention, alternatives to detention, special reception needs and labour market access. There will be amendments to make provision for legal counselling, legal advice and legal aid, as required under the asylum procedures regulation. I will introduce provisions on temporary protection, which will include expanded and clarified provisions to deal with the temporary protection of displaced persons, including revocation of temporary protection. My Department and the Office of the Attorney General are developing provisions for inclusion in the Bill to give effect to the proposals approved by the Government last November on family reunification. These propose that beneficiaries of international protection must wait for a defined period before bringing family members to Ireland and must be able to show proof that they are self-sufficient. I am reflecting on the appropriate period to ensure the correct balance is struck between the interests of the Irish public and those seeking family reunification, recognising that our resources are not unlimited and that those seeking reunification should be able to support any persons joining them. Before I finish, I would like to address suggestions that this Bill is prioritising speed over fairness. I do not believe that is accurate. This legislation strikes a fair balance between the two. It reinforces Ireland’s commitment to providing refuge and protection to those who need it. This will be done by building a system that is sustainable, fair and efficient and that meets our obligations under international law. I look forward to working with colleagues in the House as we continue our discussions on this important legislation in the coming weeks. It is obviously very significant legislation. It is very lengthy and detailed, and I want to give the House as much time as possible on Second Stage for its consideration. That is why I think three days have been allocated for the purpose of debating this on Second Stage. I look forward to hearing contributions from other Deputies in the House. I will listen to them closely, as will my colleague Deputy Brophy, the Minister of State, who has worked very closely with me on formulating these proposals. Although colleagues are perfectly entitled to be critical of the proposals put forward by the Government, I ask them to put forward how they would change the legislation if they were in the same position as me and the Minister of State. If they had an opportunity to include provisions to change asylum laws in Ireland, what changes would they make? They should not feel obliged to restrict themselves to what is within the parameters of the EU regulations and directives. They should tell us what measures they would like to see within our asylum laws in Ireland. These measures will be given consideration. I commend the Bill to the House.

Sentiment score: 0.10