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Article 16 states: For the purposes of the administrative procedure, free legal counselling shall include the provision of: (a) guidance on and an explanation of the administrative procedure including information on rights and obligations during that procedure; (b) assistance on the lodging of the application and guidance … application in accordance with Articles 67, 68 and 69. That is what we are required to do in terms of the provision of legal counselling. Deputy Carthy's amendment would expand the scope of legal counselling to include the provision of legal advice. Legal advice is a separate

Minister would have read the pre-legislative scrutiny report by the committee and throughout that process, it was repeatedly flagged that the term "legal counselling" appears several times in the legislation but there is insufficient definition. Many of those who gave expert testimony to the committee raised … legal assistance international protection applicants would actually receive. In this amendment, we purposely tried to provide a clearly understood definition of what "legal counselling" would mean. It means any "oral or written legal advice from a practising solicitor or barrister, or a person employed by the Legal

Minister has indicated that he is going to bring forward a definition of "legal counselling", but I have to say I have no sense from what he has said of what that definition will mean. He mentioned amendment No. 8 and the language in the directive … entirety, I presume it would be in place by now. To be clear, the amendment before us, amendment No. 7, does not limit legal counselling to legal advice from a practising solicitor. It also refers to "a person employed by the Legal Aid Board who is authorised

very clear from that definition in Article 16 what legal counselling is. It is distinct from legal advice. We need to recognise that when people come in seeking international protection, they do not need the expertise of a very well-qualified senior solicitor. They need somebody … coherently and as comfortably as possible the basis upon which they say that they are entitled to international protection. That requires legal counselling from individuals who are expert in that type of work and process. That will be much more effective. The intention in the amendments, when they

This amendment seeks to provide a clear definition of "legal counselling". We were asked many questions about legal counselling during the justice committee's hearings on this legislation, such as how it is to be defined, what it means and who will provide it. There will … lack of clarity if legal counsel is provided by non-legal professionals. Is it to be individual counselling? Is it to be group counselling? Is group counselling even ethical under professional rules? Before I was elected here in 2019, I worked as an addiction counsellor. I could call

thank colleagues for their contributions. I assure all of them that we will be debating the definition of "legal counselling" that I bring forward. I intend to bring it forward in the Seanad. I would have preferred to bring it here on Report Stage. As I stated … were time pressures in respect of this. I am being honest about that. I am just reflecting on the matter. The definition of "legal counselling" will reflect the definition in the asylum procedures regulation, APR. It will also take into account requirements set out in the asylum

this House. The first thing I want to say is that I should and I will bring forward an amendment to define "legal counselling". I cannot, however, accept Deputy Carthy's amendment. The reason I cannot is because, under the Deputy's amendment, he goes further than what … envisaged by legal counselling and says that it should include legal advice provided by a practising solicitor or barrister. What I am required to do, under the administrative procedure regulation, is to ensure that at first stage - what is now the IPO stage - legal counselling is provided

Minister has said he will bring forward a definition of "legal counselling". This doubles down on the point we were making earlier that this is rushed legislation. We are on Committee Stage and we still do not have a definition in front of us to be able … discuss what "legal counselling" is. Its absence is why these amendments are being put forward today. We would not have to discuss these amendments if there was a clear definition of "legal counselling". I will return to the questions I asked the first time I came in. Could

question pertains to inserting a definition of "legal counselling". It is not a matter of order and it is actually a matter of clarification pertain to the committee's Standing Orders. I asked for a definition of "legal counselling". It was ruled out of order via a money … message but legal counselling is provided for in the Bill as we discussed today. How can something in the Bill be ruled out of order via a money message when it is actually provided for in the Bill

mind. That will be a matter for the Legal Aid Board. I will not specify in legislation that the board in providing legal counselling must do it individually. That would be an excessive reach in terms of a statute. It will be a matter for the Legal … agree with that but I have a budget that I have to work with. I have to ensure the definition of "legal counselling" that I put into this legislation does not result in those resources being devoted predominately to international protection. Deputy Kelly asked about the definition

justice with a senior Minister who, if I may say so, is an eminent barrister, they cannot give us a definition of legal counselling, not at pre-legislative scrutiny, not on Second Stage of the legislation, not on Committee Stage, and now the Minister is saying it will … single person who appeared before us told us that one of the big issues they have with this legislation is that the term "legal counselling" is not defined. The Minister corrected himself at the very last moment in acknowledging that my amendment indicates "from a practising solicitor

this issue. Key equality safeguards are either unclear or are absent from the Bill. It does not define what is meant by legal counselling or clarify who will provide that counselling. Neither is it clear if international protection applicants are going to be entitled to legal advice … representation at all stages of the process. For instance, can legal counselling be provided by non-legal professionals? Surely not. The suggestion about group counselling is neither practical nor legal. The key question is whether there will be legal advice for individuals. Who will conduct the assessments

just about to read the reason. I thank the Deputy. Amendment No. 9 would insert a new definition for "legal counselling", a term used later in the Bill. This definition would provide that such services would be provided to persons free of charge irrespective of a person … means. Amendment No. 47 in the name of Deputy Kelly forms a composite proposal with amendment No. 9, inserting a reference to these "legal counselling" services into section 26 of the Bill. Such "free" legal services would have to be provided at the expense of the State

legislative scrutiny phase and many were in the general scheme. They are now being parked for later amendment. The term "legal counselling" is mentioned in the Bill and is never defined. There is no clarity about who will provide it, what qualifications will be required or what standards … will apply. Importantly, if this legal counselling is incorrect, it will be far more difficult to reach the correct decision later. Second Stage of the legislative process in this House is about the principles of the legislation. Committee Stage is not designed to introduce entirely new substantive measures

enforcing them properly. I also welcome the fact that the Minister intends to bring forward on Committee Stage amendments on key areas, including legal counselling, legal advice and legal aid, reception conditions, including accommodation allocation, restrictions of movement, detention and labour market access, representatives for unaccompanied minors, security

help people in family law? Everybody that was at the meeting yesterday wants to do the right thing. I asked earlier about legal group counselling. This was done for children with additional needs. They did group therapy. It was a way of bringing down the list by having … group setting. Will the Minister give me clarification? He has not answered that the couple of times I have asked. Will legal counselling be done in a group setting or an individual setting

move amendment No. 7: In page 20, between lines 8 and 9, to insert the following: “ “legal counselling” means oral or written legal advice from a practising solicitor or barrister, or a person employed by the Legal Aid Board who is authorised to provide legal advice or representation

with vulnerable people who have problems with language not knowing exactly what is going on. They will go through the rabbit hole of legal counselling rather than receiving proper legal advice, which as we all know is defined. We will have a situation where this will have

want to ensure that the legal counselling that is being provided will be very adequate. I believe it will be adequate. It will reflect the definitions that are contained within Deputy Kelly's amendment, as is set out in the administrative procedure regulation. That is the information … legal advice by practitioners being provided. I note the point that Deputy Carthy's amendment allows counselling to be provided by "a person employed by the Legal Aid Board who is authorised to provide legal advice or representation". I want to be more specific in what

Groks of this world? How do we define it? Under the asylum procedure Regulation 2024/1348 providers and counselling can be provided by accredited civil society organisations, specialised legal advisers or government authorities provided they meet national qualification standards. We cannot even get proper accreditation in this country … part of that, how is he going to define the organisations or, dare I say it, the technologies that can actually give such legal counselling

really useful. Nevertheless, this is a good definition as well. Throughout this debate there has been real concern about the new concept of "legal counselling" that the Bill appears to be introducing. It is not properly defined. At present, particularly under the Civil Legal Aid Act 1995, there

destination for such detention, the level of care provided and by whom, and for how long. Who else would be subjected to this? Legal counselling is not defined in this Bill. This is one of the many concerns held by the Children's Rights Alliance. What legal advice

will read the note for the Deputy. It states: "Amendment No. 6 would insert a new definition for legal counselling, a term used later in the Bill, but this definition would provide that such services be provided to persons without charge to the applicant, irrespective of a person

rights, the Bill seems more intent on constraining them. My colleague Deputy Ahern spoke the previous day about the issues with the term "legal counselling". We have not had any clarity from the Minister in the interim on what that term means. It remains undefined … will then be left to go through the application process by themselves with little or no guidance. The migration pact makes effective legal assistance a requirement. The Government could and should have used the term "legal advice" but it has actively and deliberately chosen

Given that "legal counselling" is mentioned in amendments to section 26 of the Bill, it would be grossly irresponsible to leave it there undefined. If that is to be the case, could the Minister either define it or commit to removing it from the Bill

Affairs and Migration if his attention has been brought to concerns related to the International Protection Bill 2026 related to the definition of legal counselling; the actions he will take to address these concerns; and if he will make a statement on the matter. [12720/26

Home Affairs and Migration if he will provide for additional funding for the Legal Aid Board in the context of their involvement with legal counselling services under the proposed changes as set out in the International Protection Bill 2026; and if he will make a statement

January 2026, whether the Revenue Commissioners obtained any written legal advice of any kind (including internal Revenue legal advice, advice from external counsel or advice from any departmental legal unit) specifically addressing: the compatibility of the Karshan Disclosure Opportunity with Articles 107 and 108 TFEU (on State