Liam Herrick

The Irish Human Rights and Equality Commission yesterday raised a number of significant concerns around the government’s landmark International Protection Bill as it reached second stage in the Dáil.

The rights watchdog warns that key provisions in the bill risk undermining access to justice, children’s rights and human rights under Irish and EU law.

Its analysis highlights deficiencies across multiple areas, including access to legal advice, expanded detention powers, inadequate vulnerability assessments, criminalisation of asylum seekers, concerning age assessment procedures, limited oversight of border procedures, and inadequate protections for victims of trafficking.

A central concern is the government’s proposal to replace access to legal advice from a solicitor with undefined “legal counselling” at the first stage of the international protection process.

The Bill does not define what legal counselling entails or who may provide it, creating significant uncertainty for applicants.

With less than five months remaining before the EU Pact on Migration and Asylum is due to be implemented, the Commission warns that this lack of clarity risks undermining effective access to legal advice.

The Commission is particularly concerned that the absence of legal advice at first instance could have profound consequences for applicants, including victims of trafficking or torture, who may be unable to disclose highly sensitive information at an early stage.

This, it says, could lead to wrongful placement in accelerated border procedures, denial of specialised supports, and ultimately wrongful deportation.

Chief commissioner Liam Herrick said: “The International Protection Bill represents a major overhaul of Ireland’s asylum system, but in its current form it raises serious concerns about access to justice, the protection of children, and compliance with EU law.

“Legal advice at first instance, effective safeguards against detention, meaningful oversight, and robust protections for victims of trafficking are not optional extras; they are fundamental rights obligations.

“The State has discretion under the EU Pact to get this right, and it is essential that this bill is amended to ensure fairness, dignity and effective protection for some of the most vulnerable people in our society.”

The Commission has made a series of detailed recommendations calling for amendments to the bill to ensure full compliance with the EU Pact on Migration and Asylum, EU anti-trafficking law, and Ireland’s human rights and equality obligations.