Dáil Éireann Debate, Tuesday - 17 February 2026
939. Deputy Barry Ward asked the Minister for Justice, Home 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]
View answer940. Deputy Barry Ward asked the Minister for 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 on the matter. [12721/26]
View answerI propose to take Questions Nos. 939 and 940 together.
My Department continues to focus on preparing for the EU Migration and Asylum Pact in advance of June 2026. The Pact will provide a fair, sustainable and efficient asylum procedure.
Officials in my Department continue to engage with key stakeholders including civil society organisations on the International Protection Bill 2026.
It is my intention to bring forward amendments to the International Protection Bill 2026 to make provision for the provision of legal counselling to applicants for international protection, as required by the 2024 Asylum Procedures Regulation and the 2024 Asylum and Migration Management Regulation, and in accordance with the requirements of those Regulations.
It should be noted that the Legal Aid Board will continue to provide independent legal advice and representation to applicants for international protection under the Pact and will continue to be supported in fulfilling this role.
It is also important to point out that legal counselling as provided for in the Pact measures will be provided to applicants in addition to any legal assistance and representation that applicants may obtain. The Pact measures do not require legal counselling to be provided only by qualified lawyers.
Legal counselling is to be provided as an additional service to inform applicants of asylum procedures, their rights, and what to expect from the process. It will be provided from the earliest possible stages after an application for international protection is made and shall be available to an applicant throughout the process.
Applicants will remain entitled to apply for civil legal aid, including access to legal advice and representation. The eligibility of international protection applicants for legal advice and legal aid is provided for under the Civil Legal Aid Act 1995 and regulations made under that Act. That is why specific provisions for legal aid do not appear in the International Protection Bill, nor indeed in the International Protection Act 2015.
Applicants will have the opportunity to avail of legal counselling on an in-person basis. On-line services may be made available as a complementary or initial source of information for an applicant should they wish to avail of them.
My Department and the Legal Aid Board are currently analysing how to restructure the provision of information, legal advice and legal representation to meet the requirements of the Pact.
Funding is provided annually to the Legal Aid Board and given its statutory independence, it is a matter for the Legal Aid Board and its management team to allocate their allotted funding as they deem appropriate. I can confirm for the Deputy that the total funding allocated to the Legal Aid Board for 2026 amounts to €73,084,000. This is an increase of €8.973 million (14%) on the organisation’s funding allocation for 2025, which was set at €64,111,000.
