As the Deputy will be aware, the International Protection Act 2026 was signed into law last month, giving effect to the EU Migration and Asylum Pact. My Department continues to focus on preparing for these new rules to take effect on 12 June 2026.
The Act provides for the establishment of an independent monitoring mechanism as provided for in the Screening Regulation and the Asylum Procedures Regulation. The Act allows for these functions to be conferred on a Chief Inspector of Asylum Border Procedures. It also makes clear provision for the functions and powers of the Chief Inspector, in line with the monitoring mechanisms set out in the above-mentioned Regulations, including powers to inspect, receive complaints and carry out formal investigations into potential breeches of fundamental rights. As the Office of the Chief Inspector has not been established yet no inspections or investigations have taken place to date.
The main role of the Chief Inspector will be to monitor asylum border procedures and compliance with European Union and international law, including the Charter, in designated asylum border facilities, in line with the independent monitoring mechanism provided for by the Screening Regulation and referred to in Article 43 of the Asylum Procedures Regulation.
The Act provides for an annual report to be submitted before each House of the Oireachtas by the Chief Inspector. This report is one focused on the performance of his or her functions and on any other such related matters during the previous year. If the Chief Inspector is of the opinion that a report on the foot of an investigation discloses a fundamental rights concern, recommendations shall be issued to the Minister as he or she sees fit. On the foot of this report, the Minister must notify the Chief Inspector of the action taken in response to the recommendations.
Initial steps have been taken toward the establishment of the Chief Inspector post, and funding of €0.6m has been allocated in the 2026 Revised Estimates Volume for this purpose. A recruitment competition for the Chief Inspector of Asylum Border Procedures closed on 2 April and the selection is ongoing.
