Liam Herrick

The rights body has today published its initial analysis of the general scheme of the International Protection Bill 2025, which aims to replace the International Protection Act 2015 and implement the new EU Migration and Asylum Pact.

Among the concerns it has raised is with sections relating to the provision of “legal counselling” for applicants.

The EU Migration and Asylum Pact provides for a right to free legal counselling at all stages of the process and a right to free legal assistance and representation at appeal stage.

However, the Commission has warned that there is no such thing as “legal counselling” in the Irish legal system, and has taken the view that solicitors and barristers “could not provide legal counselling under existing professional, ethical and regulatory rules”.

It recommends that the State “abandons its intention to introduce legal counselling” and instead provides for “legal assistance throughout the international protection process”.

This would maintain the current position under the 2015 Act, which provides that asylum seekers are entitled to legal advice and representation throughout the international protection process.

Limitations on access to legal advice and representation would “likely be the subject of a legal challenge for their compliance with the EU Charter of Fundamental Rights”, the analysis states.

Overall, the Commission has expressed deep concern that the bill could introduce a system prone to legal challenge, administrative dysfunction, and human rights violations.

Chief commissioner Liam Herrick said: “This is a once-in-a-generation overhaul of our asylum system. We must get it right.

“In our analysis of the current draft proposals, the Commission believes the State is in danger of introducing a system that fails to respect and vindicate the fundamental rights of international protection applicants.

“The proposals regarding detention of asylum seekers, access to legal representation and counselling, and the treatment of children vulnerable persons give rise to particular concerns.

“While the Commission recognises the complexity and challenges facing the State in implementing the Migration Pact, we also believe that many aspects of this general scheme are impractical and may lead to the new system becoming mired in litigation and uncertainty.”