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25+ in debates · 13 in questions

In debates

International Protection Bill 2026: From the Seanad
Jim O'Callaghan 15 Apr 2026
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 … 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. This will help applicants
International Protection Bill 2026: Committee Stage
Jim O'Callaghan 18 Feb 2026
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
International Protection Bill 2026: Committee Stage
Matt Carthy 18 Feb 2026
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
International Protection Bill 2026: Second Stage
Gary Gannon 28 Jan 2026
gaps and key protections are still missing or, at best, vague. It leaves the best interests of the child assessments undefined. It keeps legal counselling deliberately ambiguous. It creates an independent monitoring mechanism the Minister can control. There is no clarity on how medical vulnerability assessments will … that test, it does not just fall short but fails completely. To go into the substance of that, in the area of legal counselling one of the most consistent and serious criticism raised during pre-legislative scrutiny concerned access to legal advice and representation. The general scheme repeatedly
International Protection Bill 2026: Committee Stage
Matt Carthy 18 Feb 2026
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
International Protection Bill 2026: Committee Stage
Jim O'Callaghan 18 Feb 2026
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
International Protection Bill 2026: From the Seanad
Jim O'Callaghan 15 Apr 2026
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. 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
International Protection Bill 2026: Committee Stage
Mark Ward 18 Feb 2026
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
International Protection Bill 2026: Committee Stage
Jim O'Callaghan 18 Feb 2026
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
International Protection Bill 2026: Second Stage
Ciarán Ahern 28 Jan 2026
couple of specific issues that show this Bill for what it is. First is the Bill’s use of the term "legal counselling". Rather than providing individuals with good old-fashioned, tried and tested legal advice from a solicitor during the first stage of an international protection process … Government is saying it will provide something called "legal counselling". I have never heard this phrase, despite practising as a lawyer for many years. This is a term introduced by the EU pact but it remains undefined to date. We do not know what it will involve
International Protection Bill 2026: From the Seanad
Alan Kelly 15 Apr 2026
even confusing. If we are confused, I do not know where it will go outside. When it comes to the issue of legal counselling, as I said before, my party is not shy of the legal profession either, and the Minister would know many of them. Essentially, they … definitions, that it is even more confusing now. It is watery. As to where the legal parameters are as regards legal advice and legal counsel, I do not know why it was continued with and why we even bother with legal counsel. Why do we have this makey
International Protection Bill 2026: Committee Stage
Jim O'Callaghan 18 Feb 2026
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
International Protection Bill 2026: Committee Stage
Mark Ward 18 Feb 2026
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
International Protection Bill 2026: Second Stage
Alan Kelly 28 Jan 2026
shooting in the dark, which is what we are doing here. There are a number of omissions when it comes to the Bill. Legal counselling is not mentioned or defined. My colleague Deputy Ahern will be speaking on this matter. He and I are sharing time. The Minister … range of issues regarding the independence of the inspectorate from the Government. The Bill does not define what is meant by legal counselling. We had a lot of discussion on this at the committee and about who will provide it. Huge numbers of members of the legal profession
International Protection Bill 2026: Committee Stage
Gary Gannon 18 Feb 2026
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
International Protection Bill 2026: Committee Stage
Jim O'Callaghan 18 Feb 2026
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
International Protection Bill 2026: Committee Stage
Matt Carthy 18 Feb 2026
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
International Protection Bill 2026: Second Stage (Resumed)
Seamus Healy 10 Feb 2026
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
International Protection Bill 2026: From the Seanad
Gary Gannon 15 Apr 2026
amendments and three hours for debate knowing full well we will never get to discuss them. Even if we talk about legal counselling, which the Minister brought up in the first amendment, it is still incredibly watery and vague and mostly undefined. There is no clarity on standards … accountability. This has been raised time and again. In the Seanad, Senator Patricia Stephenson set a very basic and reasonable standard, in that legal counselling should be delivered by a qualified legal professional, individually and in-person and, crucially, that it was not to be a substitute
International Protection Bill 2026: Committee Stage
Verona Murphy 18 Feb 2026
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
International Protection Bill 2026: Second Stage (Resumed)
Eoin Hayes 10 Feb 2026
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
International Protection Bill 2026: Second Stage
Paul Nicholas Gogarty 28 Jan 2026
necessary and watertight safeguards. We are not the Trump Administration, and those with a better knowledge than me are arguing that provisions on legal counselling are too vague, leaving applicants, including vulnerable people, without clear access to independent advice at key stages. Vulnerability assessments are preliminary only … detention of unaccompanied children, except in very exceptional circumstances with automatic judicial oversight. Maybe we need to guarantee access to free, independent legal counselling at all stages, including detention decisions and age assessments and strengthen age and vulnerability assessment procedures. We should maybe restore oral appeals
International Protection Bill 2026: Second Stage (Resumed)
Albert Dolan 10 Feb 2026
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
International Protection Bill 2026: Second Stage
Jim O'Callaghan 28 Jan 2026
freedom of movement, detention, alternatives to detention, special reception needs and labour market access. There will be amendments to make provision for legal counselling, legal advice and legal aid, as required under the asylum procedures regulation. I will introduce provisions on temporary protection, which will include expanded

In parliamentary questions

Ciarán Ahern Written
16 Jul 2026 · to Health
legal advice obtained in advance of the contract being executed; whether such advice was provided by internal legal advisers, or any other external legal counsel; the extent of legal oversight exercised during the procurement and contract execution process; whether any legal risks, qualifications or reservations were identified prior
Barry Ward Written
17 Feb 2026 · to Justice
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
Barry Ward Written
17 Feb 2026 · to Justice
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
Ken O'Flynn Written
18 Sep 2025 · to Justice
Migration the steps he is taking to ensure that all victims of domestic and gender-based violence have access to emergency accommodation, counselling, legal support, and financial assistance; the measures being taken to improve the collection of data on incidents of violence against women
Sorca Clarke Written
25 Jun 2026 · to Education
Deputy Sorca Clarke asked the Minister for Education and Youth the total amount spent by her Department, including expenditure on legal fees, counsel fees, solicitor costs and any related costs, in defending court proceedings taken by parents or guardians arising from a child not being offered a school
Liam Quaide Written
13 May 2026 · to Health
Deputy Liam Quaide asked the Minister for Health the amount paid in each year since 26 April 2023 to external legal firms, counsel, expert witnesses, guardians ad litem, advocates or other professionals arising from High Court proceedings concerning contested care placements, nursing-home admissions, delayed hospital discharge, capacity
10 Feb 2026 · to Finance
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
15 May 2025 · to Justice
Deputy Paula Butterly asked the Minister for Justice if he will commit to the removal of the provision that allows counselling notes to be used in all legal proceedings in the proposed general scheme of the Criminal Law and Civil Law Bill 2025; and if he will make
Paula Butterly Written
1 Jul 2026 · to Justice
Affairs and Migration if he will confirm whether the proposed reforms will create a presumption of non-disclosure of counselling records in rape and sexual offence trials; the legal test that will apply before any such records can be disclosed; and if he will make a statement
Carol Nolan Written
13 May 2025 · to Health
approach to pregnancy counselling services, such as including the withholding of public funding from any pregnancy counselling agency not prepared to engage in abortion referral under the new legal regime proposed in 2018; and if she will make a statement on the matter. [24000/25
Matt Carthy Written
27 Jan 2026 · to Justice
would be removed from the Gardaí so that all court proceedings would be conducted by legal professionals, as recommended in the report on the operation of bail in Ireland prepared by Senior Counsel Lorcan Staines entitled ‘An Assessment of the Efficacy of Bail Laws in Ireland
Ken O'Flynn Written
6 May 2026 · to Justice
Legal Aid Board to develop a methodology to estimate the full cost of legal aid services provided to international protection applicants, including pay, law centre overheads, administrative costs, private practitioner costs, counsel fees, interpretation, translation, medical reports and related service-delivery costs; and if he will make
Gillian Toole Written
29 Sep 2026 · to Defence
independent investigators, separate from its counsel and solicitors; if so, the number appointed, their professional qualifications, terms of appointment and functions; if none have been appointed, whether the Tribunal’s investigative work is being conducted solely through its legal team (details supplied); whether she has sought or received

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