On 5th June 2025, the Council of The Bar of Ireland submitted its views on the General Scheme of the International Protection Bill.
With the General Scheme approved earlier this April, the Bill is expected to come before the Dáil this autumn, ahead of full implementation tied to the EU Migration and Asylum Pact.
Scope of Submission
The submission from the Council of The Bar of Ireland responds to the General Scheme of the International Protection Bill 2025, which sets out significant reforms to Ireland’s international protection system in line with the EU Migration and Asylum Pact. Drawing on legal expertise from across the Bar, it examines the proposed legislative framework with particular regard to fair procedures, access to justice, and the protection of fundamental rights.
Key areas addressed include legal representation, appeal timelines, the screening process, the treatment of vulnerable applicants, and the structure of the proposed independent monitoring mechanism. The submission also offers recommendations to ensure alignment with constitutional, EU, and international legal standards.
Recommendations from The Bar of Ireland
1) Guarantee Access to Qualified Legal Representation
Applicants must have access to legal advice and assistance from qualified legal practitioners throughout the international protection process, including during the initial screening stage. The creation of undefined roles such as “legal counsellors” and “cultural mediators” risks undermining this principle and should be reconsidered.
2) Clarify Procedural Categories and Definitions
The General Scheme lacks clarity around the status of applicants and the distinctions between different procedures (e.g. border, accelerated, and substantive). A clearer structure and consistent terminology are needed to ensure legal certainty and procedural fairness.
3) Extend Time Limits for Appeals
The proposed five-day timeframe for lodging appeals is unworkable in practice and undermines fair procedures. A minimum period of 20 working days is recommended to allow for meaningful legal consultation and preparation.
4) Provide an Effective Remedy Through Oral Hearings
The presumption against oral hearings on appeal must be revised. Where credibility is at issue, applicants should have a fair opportunity to be heard, consistent with Irish and EU law on effective remedies.
5) Strengthen Protections for Vulnerable Applicants
A robust and transparent mechanism is required to assess and respond to vulnerability. Applicants should have the right to request a review of vulnerability determinations, with appropriate legal safeguards and access to oral hearings where necessary.
6) Define and Safeguard the Role of the Independent Monitoring Mechanism
The proposed Chief Inspector of Asylum Border Procedures must be genuinely independent, with clearly defined powers and functions aligned with the requirements of EU law. The current drafting risks limiting the scope and independence of this oversight mechanism.
Next Steps
The Council of The Bar of Ireland welcomes the General Scheme of the International Protection Bill and appreciates the opportunity to contribute its views to the Oireachtas Joint Committee on Justice as it continues its pre-legislative scrutiny on the Bill. It is intended that the legislation will be formally introduced to the Dáil in the coming months and the Council looks forward to engaging with the Committee where necessary.
This submission was prepared by members the Civil State Bar Committee and Human Rights Committee and approved by the Council of The Bar of Ireland in its May 2025 meeting.