Commission raises concerns with Bill before Justice Committee
The Irish Human Rights and Equality Commission (IHREC) has warned that the proposed International Protection Bill 2025 risks undermining key protections for people seeking international protection in Ireland, and may fall short of Ireland’s legal obligations under the EU Migration and Asylum Pact.
Speaking before the Oireachtas Justice Committee yesterday, the Commission highlighted a series of significant concerns with the General Scheme of the Bill, describing it as "incomplete" and lacking in clarity — limiting the ability of the Oireachtas and experts to meaningfully scrutinise the legislation.
Liam Herrick, Commissioner with IHREC, said:
"This legislation goes further than the EU Pact requires in restricting rights and freedoms, but falls short in the measures required to protect them. That imbalance is especially stark in its treatment of vulnerable people — including children, victims of trafficking, and people with disabilities."
The Commission raised major concerns with the Bill:
1. Access to Justice for Protection Applicants: The Bill proposes to replace legal advice at the initial stages of the asylum process with undefined ‘legal counselling’. IHREC warns that this would be a regressive step, as the new term is not defined and could deny applicants the confidential, independent legal advice they currently receive.
People seeking international protection – many of whom have experienced trauma and persecution – should not be left to navigate the most critical stage of the process without legal support they can trust. The State must continue to provide full legal advice, as it does currently and as the EU Pact permits.
2. Independence of Border Oversight Mechanism: Under the EU Pact, Member States must establish an Independent Monitoring Mechanism (IMM) for border procedures. However, the Bill gives the Minister for Justice powers to appoint, fund, and remove the proposed Chief Inspector of Border Procedures – raising serious doubts about their independence.
IHREC also notes that the Chief Inspector will lack investigative powers, including into cases of death or serious harm, and is therefore unlikely to meet the standards set by the EU’s Fundamental Rights Agency.
A monitoring body that is appointed and controlled by the Minister, and that lacks basic investigatory powers, cannot be considered independent or effective.
Given these concerns, the Commission is currently reviewing whether it should participate in the proposed Advisory Board to the Chief Inspector, as envisioned in the draft legislation.
IHREC also flagged further serious concerns about how the Bill handles human rights issues such as detention, age assessments, vulnerability assessments, and supports for victims of trafficking.
With the 12 June 2026 deadline for implementing the EU Migration and Asylum Pact fast approaching, IHREC is urging the Government to revise the Bill to ensure it meets human rights and equality standards under national and international law.