Asylum bill ‘lacks clarity’ on legal advice
The Irish Human Rights and Equality Commission (IHREC) says that it has “signficant concerns” about the recently published International Protection Bill 2026.
While the commission acknowledges that there is additional detail in the bill since the general scheme was published, it says that core equality and human-rights safeguards are “unclear or absent”.
The body warns that “substantial gaps and ambiguities” remain in areas that directly affect the rights and safety of international-protection (IP) applicants – including children and victims of trafficking.
‘Uncertainty’ on entitlements
It expresses particular concern about applicants’ entitlement to legal advice, saying that the bill does not define what is meant by legal counselling or clarify who will provide it, adding that this “serious uncertainty” about applicants’ entitlements to representation at all stages of the new process.
IHREC also points to “a lack of clarity” on whether legal counselling may be provided by non-legal professionals.
“The commission does not believe that group counselling can be provided by legal professionals under existing professional or ethical rules,” its statement says, adding that it remains concerned that applicants may be denied tailored, individualised legal advice.
Last year, the Law Society expressed similar concerns about the section on legal counselling in the general scheme of the bill.
Age assessments
The commission also believes that the bill lacks clarity on who will conduct age assessments and what specialised qualifications they must hold, saying that the minister retains “broad powers” to designate those who will conduct such assessments.
“There is also no detail on what constitutes a ‘suitable medical means’ of assessing age, despite the sensitivity and potential impact of such examinations on children,” IHREC adds.
On oversight, the commission says that it recognises that some provisions contained in the general scheme have been rolled back to better reflect the EU Pact on Migration and Asylum.
It adds, however, that “serious concerns” remain about the independence and effectiveness of the Independent Monitoring Mechanism (IMM), saying that the IMM chief inspector’s powers appear “primarily regulatory rather than investigative”.
‘Careful scrutiny’ call
IHREC is also concerned about provisions allowing the Government to remove the chief inspector where it is deemed to be “in the best interests of the State”, describing this wording as “overly broad and open to abuse”.
Chief commissioner Liam Herrick called for “careful, meaningful scrutiny” of the bill by the Oireachtas.
“Without clear, enforceable safeguards, there is a real risk that the new system will fall short of the State’s human-rights and equality obligations,” he concluded.