The legislation to give effect to the EU Pact on Migration and Asylum – the International Protection Bill 2026 – has entered Second Stage in the Dáil. Spanning 234 sections over 212 pages, the Bill represents a significant transformation of the State’s international protection framework. 

The Law Society has engaged with the pre-legislative scrutiny process, making targeted submissions to the Joint Oireachtas Committee on Justice, Home Affairs and Migration and participating in political and stakeholder briefings on the Bill.

Recommendations

We recommended changes in three core areas:  

1. Legal counselling, as provided for in the General Scheme, must be done by solicitors and barristers on an in-person basis during the administrative stage.
2. Align appeal timelines with EU requirements and provide clarity on when those timelines begin.
3. Provide clear rules on who should receive notification of a transfer decision.  

The Law Society is pleased to see that some of these recommendations have been reflected in the version of the Bill that has recently been published. Notably: 

• Draft legislation now confirms that transfer decisions must be notified to both the applicant and their legal representative.
• Appeal periods have been extended, with the clock starting from the date of the applicant’s receipt of the decision.

Outstanding concern on legal counselling

One significant area of concern remains. While the Bill acknowledges the right of applicants to legal counselling prior to interview (section 106), it does not provide a clear definition of what such counselling entails and nor does it clarify by whom it is to be provided. This omission risks creating uncertainty, which is avoidable.

While we are pleased that some of the Law Society’s proposals are now reflected in the Bill, we will continue to press for provisions on legal counselling to be included in the Bill at Committee Stage.