The Coalition on the EU Migration Pact, composed of civil society organisations, has raised serious concerns about the proposed International Protection Bill 2026, after a preliminary review of the Bill was published by Minister for Justice, Jim O’Callaghan on Wednesday.

The Bill will transpose the EU Pact on Migration and Asylum into Irish legislation.

John Lannon, CEO at Doras, said: “It is very troubling that the Minister is not only introducing the concept of detention at our borders – currently non-existent in the international protection system – but extending this to children. Under no circumstances should children be detained; it violates their most basic human rights. Detention is never in the best interest of a child. This legislation will be a stain on Ireland’s international reputation, and it undermines the very core of what being Irish means. People seeking asylum have the right to do so, and to be treated with dignity. They should not be criminalised.”

Nick Henderson, CEO at Irish Refugee Council, said: “To quote the minister, this is ‘the most significant reform of Irish asylum laws in the history of the State’, yet it is still being rushed through on a compressed timeline, with key safeguards deferred to later amendments, undermining the legislative process. Crucially, the concept of Legal Counselling is yet to be explained with just 5 months until this law is enacted.

“The Legal Aid Board has indicated it may struggle to meet demand for its services within the tighter timeframes under this Bill. It is crucial to adequately resource all bodies ahead of the law coming into effect to avoid undermining the right to asylum and an effective remedy. Proper legal advice and representation are vital to a system which will be extremely complex for both applicants and their advocates. Appeals to the new appeals body will not be automatically suspensive for all applicants, meaning a person could be returned to a country where they face harm or persecution. A separate ‘request to remain’ application must be made, underlining the need for adequate legal advice for applicants. These are some of the many issues which must be carefully considered in the coming weeks and months.”

Fiona Hurley, CEO of Nasc, the Refugee and Migrant Rights Centre, said: “We are deeply concerned that provisions on family reunification have been entirely removed from the International Protection Bill published this morning. Family reunification is a core protection and integration measure, recognised internationally as one of the safest and most effective pathways for refugees to rebuild their lives and achieve stability. The right to family life is protected under Article 16 of the Universal Declaration of Human Rights, Article 8 of the European Convention on Human Rights, and Article 41 of the Irish Constitution, which recognises the family as the natural and fundamental unit of society and pledges to protect it. Given these constitutional and human rights protections, it is essential that any changes to family reunification policy are clearly set out in legislation and subject to full scrutiny by the Oireachtas."

Teresa Buczkowska, CEO of the Immigrant Council of Ireland, said “We are concerned that the Bill may not provide sufficient protections for vulnerable applicants, including victims of trafficking and stateless persons, and whether their needs will be appropriately assessed or addressed. For instance, we question how Ireland is going to meet the needs of a stateless person when there is no formal stateless determination procedure in place. Our concern is that the most vulnerable people who need additional support could experience a further decline in protection.”

The Coalition will be publishing their full analysis of the Bill in the coming weeks.

ENDS

Contact : Wendy Muperi | 085 855 0434

Caroline França | M: 083 421 2298

NOTES TO EDITOR

About the Coalition on the EU Migration Pact

The Coalition on the EU Migration Pact is made up of non-governmental stakeholders and those working on the ground with migrant communities. The group has come together to ensure that Ireland’s approach to transposing and implementing the EU Pact on Migration and Asylum is transparent, equitable, rights-centred, humane, and aligned with the country’s values. It is made up of the Irish Refugee Council, Doras, the Irish Council for Civil Liberties, the Immigrant Council of Ireland, the Irish Penal Reform Trust, the Jesuit Refugee Service, Nasc the Migrant and Refugee Rights Centre, LGBT Ireland, Outhouse LGBTQ+ Centre, Spirasi, the Irish Network Against Racism and Sanctuary Runners.

The Coalition calls for the following safeguards in the International Protection Bill 2026:

  1. Legal rights: All applicants have the right to independent legal advice and representation throughout the protection process;
  2. Freedom of movement: No applicant should have their freedom of movement restricted, unless prescribed by law;
  3. Protection of vulnerable applicants: Vulnerable applicants have the right to a needs assessment, retaining existing safeguards, and exclusion from accelerated border procedures that might result in curtailment of their fundamental rights;
  4. Best interest of the child: Ensure a rights-based approach to age assessment, reflecting international best practice, underpinned by the best interest of the child;
  5. Border procedure: The border procedure should be limited to exceptional cases, and not used indiscriminately as the norm;
  6. Reception and capacity: Provision for adequate reception facilities and contingency planning;
  7. Appeals: The option for in-person appeals is maintained;
  8. Oversight: Ensure effective and independent oversight via the Chief Inspector’s role;
  9. Garda powers: Ensure that any and all expansion of Garda powers fully aligns with human rights law and standards, and that any interference with rights to liberty, freedom of movement, privacy or bodily integrity is clearly prescribed by law;
  10. Detention: Exclude the concept of detention (currently non-existent in the Irish protection system). Detention should only ever be used as a measure of last resort, when proportionate and necessary, and under no circumstances be applied to a child.

Ireland’s role in the EU Migration Pact

Ireland formally opted into key parts of the EU Pact on Migration and Asylum in mid-2024. On 27 June 2024, both houses of the Oireachtas voted in favour of Ireland joining the Pact, by 79 votes to 72.

The government then notified the European Commission of its decision to be bound by seven legislative acts under the Pact, including the Reception Conditions Directive, Qualification Regulation, Asylum Procedure Regulation, Resettlement Regulation, Asylum and Migration Management Regulation, Eurodac Regulation, and Crisis and Force Majeure Regulation.

A National Implementation Plan has been approved by the Irish government, intended to reform Ireland’s asylum laws, procedures, technology, and structures, and ensure readiness for when the Pact comes into effect EU-wide in June 2026.