← LEADERSHIP TERMINAL

DÁIL ÉIREANN · FORMER

Jim O'Callaghan

Dublin Bay South · Fianna Fáil · Ireland

IN THEIR OWN WORDS

This relates to section 69 of the Bill as passed by Dáil Éireann, which amends Schedule 5 to the Social Welfare Consolidation Act 2005 to add the Courts Service to the Schedule.

SITTING OF 2026-07-15 · READ THE OFFICIAL REPORT

The first four amendments in this group are minor drafting corrections. They corrected the wording in four places so that the Bill reads consistently. It is changing the word "references" to "a reference". They make no change to the substance or effect of the Bill.

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The ARP scheme was introduced in July 2022 to recognise the generosity of members of the public who opened their houses, whether in their entirety or through the provision of a room, at their own expense to provide shelter to people displaced by the Ukraine war. The Department of Social Protection administers the scheme on my behalf.

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I have no doubt it will be challenged, and I have to be able to convince a court, if it is being challenged, that this legislation weighs up conflicting interests and recognises there is a mechanism for somebody who has reformed himself to get off the register.

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The scheme has been a lifeline for people from Ukraine displaced by the conflict, given high rental market rates and scarcity of rental accommodation.

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I thank the Leas-Cheann Comhairle in the first instance for presiding over these Stages of the legislation. I am very pleased that this legislation has been enacted. I want to thank a few people very briefly. I thank Deputy McAuliffe for introducing me to Jason Poole. I thank Senator O'Loughlin for her work on this issue in the Seanad.

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The complete record

Every one of 4,181 lines we hold for Jim O'Callaghan, in date order, each linked to its source. Free to read, in full, without an account. Page 30 of 84.

  1. We know because there is a lot of information in the Department and for a wide variety of reasons. We know individually. If people have a visa application in Ireland, when they apply for international protection we will know they had a visa previously. We have access to the information, but what Deputy Carthy is asking us to do is to set up a process of collating all that information. There is a huge amount of work going on and we have to be selective about which information we collate. Let us imagine I issue an instruction for that information to be collated and we get it. It will tell us that a significant majority of people are coming in over the border. We know that. I need to deal with that as opposed to trying to confirm what we know already.

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  2. I will deal with something Deputy Carthy said at the outset. He said we take at face value what applicants say. I am conscious that could be misrepresented. It is not correct. What people put down on their forms is part of the information processing, but we do not just accept, because they say they have come from Syria and are fleeing persecution, that they are fleeing persecution. The whole process is to probe that. It is important to say we do not take at face value what they say and accept it; it is tested. However, a lot of the information we rely upon and interrogate is provided by the applicant. On the issue Deputy Carthy raised about whether we should be collating information to try to find out how many Irish visa holders claimed international protection, we know the general scheme. The general assessment is that it is about 90%.

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  3. They have access to some information in respect of EU applications, but the Deputy's question was about somebody who does not initially go near the EU but goes from a country outside the EU into the UK and then across the Border. If somebody comes down here and indicates that he or she has come from the UK, there is a mechanism for us to apply to the UK to find out information about that person. There is sharing of information.

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  4. To fly from a country outside the EU into the UK, you would need a visa to enter the UK. If you are coming, say, from an Asian or African country, where there are a lot of international protection applicants, in general, you will need a visa. There are some countries for which the UK provides lots of visas. You can see that in our numbers. I am not going to start naming countries now because people will say I am picking on one country, but there are certain countries to which the UK readily gives out visas. The numbers of people from those countries applying for international protection in Ireland are quite high and we believe there is a correlation in respect of that. To answer the Deputy's question, there is a lot of co-operation between the Home Office and the Department of Justice.

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  5. The only way this State is going to know how many people are coming from Northern Ireland into the Republic and claiming asylum is by stopping people and checking and by asking to see their passports. If they are Irish citizens, there is no issue. We could get information that way but no one in this House wants that. It is a consequence of partition. The way we resolve it is to say that the UK, including Northern Ireland, which is a part of it, is a safe third country. When this legislation is enacted, I will, based on the information I have already and that will be presented to me, I assume, be designating the UK as a safe third country. That is the procedural mechanism by which we seek to deal with the numbers coming over the Border.

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  6. If an individual came to Ireland on a student application or visa application and was granted that visa and then when it came to an end, the person were to claim international protection, the persons in the IPO determining the decision would be aware that, previously, he or she was granted a visa and came here to study or work, and will see the narrative of the basis upon which the application for that visa was granted. That information is available. It is important that we retain that information on an individual basis. We can try to accurately specify the exact numbers coming in over the Border. However, as Deputy Carthy knows, the only way we are going to be able to do that is by checking people at the Border. I know he does not want that to happen.

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  7. The Deputies have accurately summarised the basis on which we think that 90% of applicants come in over the Border with Northern Ireland. These are people who apply at the office and do not apply at our ports. It is, therefore, a reasonable assumption that a significant majority are coming over the Border. Deputy Carthy makes the point that individuals who were given work visas to come here might then subsequently claim international protection. That is correct. It is important to point out, obviously, that the State has that information about an individual.

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  8. There are other systems as well that will provide information in respect to the individuals that will give us an indication as to the pathway of their journey through Europe.

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  9. It is not on it, although it is very interested and keen to gain access to it. However, there is going to be the sharing of some information with the UK and, in many instances, we will be able to identify whether the person has come from the UK. If a person comes from the UK, it can be the case that we determine his or her application to be inadmissible but there is a process in that to determine the inadmissibility of it. Then, even if we do determine inadmissibility, there is the issue about trying to return the individual. However, the way we would get the information is through asking the person the question, and we assume that the information we are going to be given is accurate and honest. The systems we also have access to include Eurodac.

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  10. I thank the Deputy very much for his question. Obviously, in the first instance, when people arrive into Ireland claiming international protection, they are checked on Eurodac and they are screened. In respect of those processes, they are required to give biometric data. They get their fingerprints taken, they get their faces photographed and other information is taken in respect of them. They set out where they have come from. That is their objective. They have to say where they have come from. They have to set out the narrative of which country they came from but also in terms of the countries through which they travelled. The advantage of having Eurodac is that it will provide us with information as to whether or not an applicant was, in fact, in another EU country. The UK does not have access to Eurodac.

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  11. Relevant bodies will be permitted to enter into data sharing agreements subject to safeguards corresponding to those in the Data Sharing and Governance Act 2019. The sharing of personal data relating to applicants for international protection and beneficiaries of temporary protection is governed by a number of existing enactments. It is clearly stated that this new section is not intended to affect the operation of other enactments that permit or require data collection or data sharing. The other amendments in this group are consequential on amendment No. 230. The purpose of these amendments is to ensure consistency in the references in the Bill to the Data Protection Act 2018 and the general data protection regulation. These amendments also clarify the definitions of information and data as used in the Bill.

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  12. Where information is shared under the new section, the relevant body with which it is shared may only use the information for the purpose of the performance by it of its functions and only to the extent necessary and proportionate for that purpose. The proposed new section will enable the Minister for Justice, Home Affairs and Migration to make regulations in relation to information sharing for the purposes of this Bill. Relevant principles and policies to govern the exercise of the regulation-making power are included. The Minister will be required to have regard to the need to safeguard the fundamental rights and freedoms of data subjects and to specify suitable and specific measures to safeguard these fundamental rights and freedoms of data subjects in the sharing of personal data.

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  13. What we are doing here is putting in a definition of the Data Protection Act 2018. As I indicated, some of these are very minor technical amendments. The main amendment in this group is amendment No. 230, which proposes the insertion of a new section 224 to provide for the sharing of information by relevant bodies. The purpose of the new section is to make clear provision for the sharing of information, including personal data by public bodies for the purpose of carrying out functions under this Bill. Provision is made for necessary safeguards. Information may be shared under the new section only to the extent that it is necessarily and proportionate and subject to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects in processing the personal data.

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  14. A person has to recount the reasons they are fleeing persecution or war and why Ireland should provide them with asylum. Those are the basic tenets of it. One does not need to be an extraordinarily qualified lawyer to explain that to the individual or to advise them of the procedures.

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  15. That will be provided through Legal Aid Board. If they are not qualified solicitors or barristers, they will be very well trained paralegals who will be able to provide that assistance. That is something we provide to people bringing applications and as it gets to people appealing, there is an obligation to provide more by way of legal services. I recall we had a lengthy debate on Second Stage about legal counselling. Deputy Gannon understandably asked what it was about and where the term "legal counselling" came from. I have now set out a definition. It is a good definition of how information and counselling can be provided in circumstances where applications are being made. In many instances, although it is an area of great complexity in the law, the process of applying for asylum is relatively straightforward.

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  16. There are very many people able to provide legal counselling in respect of the procedures that apply in an area in which they have expertise. I believe this is one of them. If one looks at the definition set out in a later amendment, No. 7, there is a very clear definition of what legal counselling is. It means "any guidance, information or assistance given to an applicant on matters relating to the application procedure by a person appointed under" the legislation. It sets out that it will be guidance on the procedure and assistance with the lodging of an application, guidance on the different procedures, rules relating to admissibility, legal issues arising in the course of the procedure, guidance on and explanation of the criteria and procedure for determining the member state responsible, and issues such as that.

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  17. The current legislation is much shorter. In fact, I think Deputy Kelly was in government when the International Protection Act 2015 was enacted. If one looks at the judgments of the superior courts, there are endless judgments on the international protection system that operates in Ireland at present - people challenging it by way of judicial review and challenging the executive operation of it. It is a very litigious area because of the large number of people coming in and the very high proportion of refusals. There would not be any legal challenges if nobody was refused. There is a high level of refusals and because of that, people challenge it. On legal counselling, I am conscious people may say it is inappropriate that legal counselling is not provided by qualified solicitors or barristers. I disagree.

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  18. When there is legislation of this complexity and length, Deputy Kelly is right - lawyers will be parsing it to see if there are any inconsistencies or failings. If the test was not to introduce legislation if it was going to be brought before the courts, we would do nothing in this House.

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  19. I am not asking the Deputies to agree with this but everyone in this House knows that if it had gone to Committee Stage in the committee room, it would have taken weeks if not months to get through. We can discuss important issues that are dealt with in the amendments. For instance, the amendment we are talking about now concerns legal counselling. All three Deputies said that this would end up in the courts. As sure as night follows day, it is going to end up in the courts. There is no doubt about that but the success or effectiveness of a piece of legislation is not measured by whether it ends up in the courts. The reason it will end up in the courts is this is a highly litigious area and it is new legislation.

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  20. I will not go back to them but Deputy Carthy mentioned issues about the pact. I have set out my views in respect of that before. No matter whether we are in the EU migration pact or not, we still have to deal with individuals coming into Ireland who claim asylum. We saw that the UK decided to get out not just of the pact but out of the EU and its issues in respect of international protection have not in any way been reduced. However, we did - I commended the Deputy and the other Members here before - have a very thorough pre-legislative scrutiny process. We had a Second Stage debate here that went on over three days. I accept that the Committee Stage hearings were truncated because they were held on the floor of the House as opposed to the committee room.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  21. I do not say this in a patronising way but I commend the diligence of the three Deputies from the Opposition who have been here all of the time as the legislation has gone through the House. Deputy Carthy stated at the outset that the fact I am bringing forward technical changes at this final stage is an example of the recklessness and flawed nature of the legislation. I think that is excessive, and I do listen to what Deputy Carthy has to say. Remember this Bill is around 270 pages long and has over 313 sections. The four technical changes I am making are as follows: first, I am putting in a comma; second, I am inserting the word "in"; third, I am changing the letter "a" to "d"; and finally, I am inserting the number "1" after section 144. I do not think that is reckless.

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  22. One of the reasons the Bill is very lengthy is that we have decided to include within the legislation, for instance, the reception conditions directive and the requirements that are on Ireland as a State when a person comes into Ireland claiming asylum. Previously, that was dealt with through secondary legislation. It was not debated in the House; it was just a statutory instrument that was signed by the Minister. I could have done that again but I believed it was more appropriate to have it within the main body of the primary legislation. I do appreciate the complexity, length and detail of the legislation and it is challenging for all of us. It is challenging for the Minister of State, Deputy Brophy, for me and for officials in my Department and I appreciate it is challenging for Opposition Deputies.

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  23. Part of the reason for that is that we are dealing with the rights of individuals and we want to try to ensure there is fairness for individuals who have applied for international protection and asylum. At the same time, we have to ensure there is balance as well in protecting the interests of the state that is receiving those applicants. We know from the international protection system we operate at present under the 2015 legislation that it is also extremely complicated legislation. It is not anywhere near as lengthy as this but the reason this legislation is lengthy is that we are trying to consolidate in one piece of legislation how Ireland will respond to people who come to make an application here for international protection.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  24. I want to thank the three Deputies for their contributions, which I listened to very carefully. At the outset, I wish to say that the Minister of State, Deputy Brophy, and I realise this is extremely challenging and complicated legislation before the Houses. Nothing we can do can remove the complicated nature of the legislation. It just is the case that with the international protection system, the asylum system, that is operating not just in Ireland or in other EU countries but throughout the world where many asylum applicants come from, there is an enormously complicated legal system in place for the purpose of dealing with those asylum applications.

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  25. Applicants may obtain legal advice at any stage during the procedure in respect of their application to determine the member state responsible under the Asylum and Migration Management Regulation or in respect of an appeal. Legal advice is given the same meaning as it has under the Legal Services Regulation Act 2015 and may be provided by a practising solicitor or barrister.

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  26. The Legal Aid Board shall appoint persons that it considers to be sufficiently knowledgeable and experienced in asylum procedures to deliver legal counselling. The definition for legal counselling I have provided will enhance the effectiveness of the system of legal assistance we currently have in place without disturbing it, and it ensures that procedures under the Asylum Procedures Regulation and the Asylum and Migration Management Regulation are fully accounted for. I also state that the pact already provides that legal counselling is to be provided free of charge. Amendment No. 23 will introduce a new section establishing an applicant’s right to consult legal representatives.

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  27. This will help applicants to be informed about legal issues that may arise in the course of the procedure and ensure they know what to expect during the process. Legal counselling is not a replacement for legal advice or legal representation, which applicants may still choose to avail of just as they can under the existing system. I have brought forward amendments to provide for legal counselling on Committee Stage in the Seanad following extensive consultation with the Office of Parliamentary Counsel, the Office of the Attorney General and the Legal Aid Board. The definition of legal counselling will ensure that legal counselling will be provided in line with the regulations of the European Union while not being limited to only being provided by a solicitor or barrister.

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  28. I propose that amendments Nos. 1, 6 to 8, inclusive, 18 to 20, inclusive, 22, 23, 117, 141 to 145, inclusive, 147 and 148 be taken together. Those amendments relate to the introduction of legal counselling for applicants for international protection as is required by the Asylum Procedures Regulation and the Asylum and Migration Management Regulation. A key factor in creating a more effective international protection system is ensuring that from the earliest stages of the process applicants are sufficiently informed about asylum procedures and their rights and obligations. The Bill will achieve this through the delivery of legal counselling. Legal counselling is the provision of information, guidance or assistance to applicants on matters related to the application procedure.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  29. 104 in subsection (1) of the inserted section 110, I request that the Clerk be directed to insert the word "in" between the words "referred to" and " section 109 ", so that it will now read as "referred to in section 109 ". Third, in respect of Seanad amendment No. 111 in paragraph (f) of the inserted section 117, the cross-reference to " paragraph (a) " should read as " paragraph (d) ". I request that the Clerk be directed to correct this erroneous reference. Finally, in respect of Seanad amendment No. 258 contained on the first substitute list of amendments dated 14 April 2026, in paragraph (a) clause (ii) the cross-reference in the inserted paragraph (b) to " section 144(e) " of the Bill should read as " section 144(1)(e) ". I request that the Clerk be directed to insert this missing reference to subsection (1).

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  30. Before we start the debate on the amendments on the cream list, I draw attention to four errors of a formal or typographical nature that have been identified in the Bill following its passage through the Houses. Pursuant to Standing Order 203, I ask that the Leas-Cheann Comhairle direct the Clerk to make the following corrections of a formal nature to the Bill. I will set out those four minor changes. First, in respect of section 117 of the Bill version as passed by Dáil Éireann, in page 97, line 30, I ask that the Clerk be directed to insert a missing comma between the words "State" and "without". Second, in respect of Seanad amendment No.

    SITTING OF 2026-04-15 · READ THE OFFICIAL REPORT

  31. I have already spoken to the Commissioner about this and he has assured me that, where offences have been committed, prosecutions will follow. The work of this Government in the area of justice has just begun. It is vital that work continues. As such, I commend the motion of confidence before the House.

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  32. An Garda Síochána, which Member's opposite should appreciate, has a proud record and history of defending and securing the people or Ireland and their democratic institutions from harm against those who have tried to undermine them. They did so again on this occasion and that is to be commended by everyone in this House. I am, however, concerned about the unacceptable levels of hatred and vitriol directed at members of An Garda Síochána, sometimes in person, but mostly from faceless cowards on social media, the majority of them from outside this State. I want to put on the record of the House that harassment of members of An Garda Síochána, online or in person, will not be tolerated.

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  33. I also want to commend the Defence Forces, who provided assistance to An Garda Síochána in the provision of equipment required to remove vehicles forming parts of the blockade.

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  34. However, let us get one thing straight in this House; the right to protest is not unlimited. Our Constitution states, "The right of the citizens to assemble peaceably" is subject to public order. What we witnessed last week at certain sites, where the blockading of fuel and goods occurred, was not a peaceful assembly in line with public order. In those circumstances An Garda Síochána were required to restore order. That is what they did and I commend them for doing so. It is a credit to the gardaí that they not only managed to remove the blockades at both ports and fuel depots in a swift manner following a number of days of engagement, but did so without any notable injury to the individuals at the blockades or any member of the force.

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  35. -----who stood by this State. I want to thank the gardaí who, over the past week showed outstanding professionalism, commitment and courage in guaranteeing the safety and security of the State and its citizens throughout the period of blockades of critical infrastructure. We all know in this House, on the Government's side, that in any liberal democracy the right to peaceful assembly, the right to express disagreement with the people who govern, is a central right. It is a right that all of us in this House support and the Constitution of this country expressly guarantees it. I have no doubt there are many people from across the country who are exercising that right due to the great concern they had for their livelihoods, and that is to be respected. The Government has now acted to seek to address those concerns.

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  36. I welcome the fact that I follow on from Independent Ireland to speak because I want to mention a group of Irish people -Irish men and women- that they never once mentioned. That is the men and women of An Garda Síochána-----

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  37. The amendment tabled by Senator McCormack gives an indication of the different sides of the political perspective on this issue. The Senator's amendment states that there should be a requirement for applicants to provide information as to whether they previously entered or resided in the State on a student permission or employment permit. We will have that information. If somebody gives their correct identity, we will know whether they have been in the State previously by way of a student permission, an employment permit or a short-stay tourist visa. The Department has a lot of information in respect of these issues. Data is extremely important in respect of dealing with this matter. It is not set down to give people an opportunity to close it.

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  38. I do not believe that the quality of assessment will decline because of the speed imposed upon it. The Department is already doing a pilot project in respect of it. People need to know that if they are coming to Ireland and they are claiming asylum that they will have their applications dealt with and adjudicated promptly and fairly. If someone comes to Ireland to claim asylum and is not entitled to it, however, he or she will not get it. We need to be fair and inform people that if they put forward stories that are not accurate and they are not fleeing persecution or war, they will not be allowed to stay in Ireland. If, however, someone is fleeing persecution or war, his or her asylum application will be granted and he or she will be able to stay. We are very generous in respect of this.

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  39. There would be no point in having an asylum process in such circumstances because in the context of anyone who comes in and says that they are an asylum applicant, the necessary consequence is that they are entitled to stay. I cannot do that. Similarly, I cannot have a system, which is the case in some European countries, where they simply do not process applications. People just do not go to certain countries because they know that if they do, they will not be able to get their asylum applications processed. Ireland is probably renowned as being one of the fairer countries in terms of processing asylum applications. It is going to get even more fair after 12 June when this legislation comes into effect. What will happen is that applications will be processed in a much speedier fashion. That has to be to the benefit of everyone.

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  40. I recognise that it can be very unfair on somebody who has been here for years while their application and appeal are being processed and who is then told to leave. I have tried to balance those two different factors. It is difficult. I have no doubt that I probably have not got the balance right. People on one side of the House will say that I have gone too much in one direction, while those on the other side will say that I have gone too much in the other direction. It is a difficult balancing act, but it is important that there is a balancing act. I cannot just say, "Listen, my objective here is to vindicate and protect the human rights of applicants who come in and that is the sole focus I will have." I cannot do that.

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  41. People here are perfectly entitled just to focus on that side of the balancing act. However, as Minister, I also have to take into account the other side of the balancing act. This is not an issue about trying to balance different political views. It is about the impact that significant processing of applications can have on the receiving state. We have seen the impact it has had in Ireland in terms of the pressure to which it gives rise in the context of providing accommodation centres and in terms of the number of applications being processed. It takes a very lengthy period to process applications. That can be unfair to people who can be stuck in Ireland for years while trying to have their applications resolved.

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  42. In respect of what Senator Flynn said, everyone comes to the topic of asylum and international protection from their own political perspective. I do so, as does everyone else in this House does as well. It is, however, a complicated and complex issue, particularly at this time we are living in at the beginning of the 21st century. As I have said before, it is very much a defining issue for the first part of the 21st century. It is an issue that, particularly in Ireland, we are grappling with as to how we deal with it. The displacement of people is an extraordinary global issue. I have to sought to ensure that I take into account, pay respect to and seek to defend the human rights of applicants who are coming here and claiming asylum. That is part of my responsibility.

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  43. However, I cannot put into a statutory regime an entitlement for a person who has been served with a deportation order to receive healthcare and-or to receive any other social services to which they are not entitled. That brings me on to the point raised by Senator Flynn. The Senator criticised the Bill. The Department of justice is not responsible for the Bill. I am responsible for it. In fairness to the officials in the Department, they are just carrying out the political objective of the Minister. This is a Government Bill; it is my Bill. If I instructed the officials to produce a Bill which is extraordinarily restrictive, they would do so. If I instructed them to prepare a Bill which is extraordinarily liberal, they would also do so.

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  44. It sets out that the Minister for Health shall ensure that an applicant for international protection has access to such healthcare as is necessary. It is set out in considerable detail over approximately two pages. Senator Ruane raised the point about somebody who goes through the process, fails in their application, is sent a deportation order and does not comply with it and who is sick and whose healthcare comes to a stop. The Irish health system is very sympathetic and empathetic if a person - and I have not encountered this - is in a seriously ill condition. The empathy and sympathy of the health service would come into play in respect of such cases.

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  45. However, if it is the case that the officer or garda believes it is in the interest of public policy or national security that that person go to the screening centre, they can issue a direction. It is a very limited provision that operates in subsection (5). It is appropriate that if a garda or an immigration officer believes that it is necessary, on grounds of public policy or national security, for a person to go to a screening centre, that person should do so. The person is an applicant for international protection. An issue raised by Senator Ruane was in respect of the healthcare provided to international protection applicants. As the Senator will know from section 79, detailed provision is set out in respect of the nature of the healthcare that should be provided to an applicant.

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  46. In her submission, Senator Higgins suggested that this could apply to somebody who is not an asylum applicant and that a person who could be in the country on a student visa or some other type of visa could be directed by a garda or an immigration officer to go to a screening centre. That cannot happen. The only way it can happen is if a person who is here, say, on a valid student visa, decides they are going to make an application for asylum. It only applies to an asylum applicant. If somebody has been here already on a student visa, in general, her or she does not have to go to a screening centre. In general, such persons do not have to give their biometric data.

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  47. I thank Senators for their contributions. I thank Senators Higgins, Ruane and Flynn for amendment No. 30. I thank Senator McCormack for amendment No. 58. I will deal specifically with amendment No. 30 in the first instance. The purpose of that amendment is to delete section 22(5). Subsection (5) permits gardaí to direct a person, who otherwise is excluded, to attend at a screening centre if the garda, immigration officer or an officer of mine believes it is in the interest of public policy or national security. I will correct a misunderstanding that I think Senator Higgins has in respect of section 22. I commend Senator Higgins on her knowledge of what is very detailed and complicated legislation.

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  48. The inherent characteristics of the individual are, in many respects, essential to the strength or weakness of their application for asylum. It is not an onerous obligation. It is for the purpose of establishing a person's identity. The person in question should honestly assert their identity, as the vast majority of asylum applicants do. If they do so and it can be identified that they previously applied for asylum elsewhere or that their narrative elsewhere was different from the narrative they are now providing, that is relevant for the purposes of the determining authority identifying whether their application merits granting or refusal.

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  49. There are benefits to the person if they say they are Jim O'Callaghan and, when their fingerprints or facial data are entered into the Eurodac system, that system confirms they are in fact the person they allege themselves to be. It is also a matter of concern to the State if their identity is not consistent with who they say they are or if their nationality is not consistent with what they say it is. Central to the process of applying for asylum is the fact that people are fleeing persecution and war. Their nationality and where they are coming from are extremely important in determining the veracity and accuracy of such applications. That is why it is so important for the purposes of evidence to determine where the person is from and who the person is. It is central to the whole application for asylum.

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  50. To deal with Senator Higgins's point, I should point out that, when I was answering in respect of the management of biometric data, I referred her to section 17. Section 17(2) provides very specific details as to how long the data can be retained. That is set out in that subsection. The Senator spoke about what the data was used for. The reason people are put through the process of Eurodac screening is to establish their identities. That is the whole purpose of this. The Eurodac system contains the identities of very many people. Its purpose is to see if the identity of the person is consistent with the identity of the person on Eurodac.

    SITTING OF 2026-03-25 · READ THE OFFICIAL REPORT