Court Procedures

Tuesday, 29 September 2026

Questions (590)

Ken O'Flynn

Question:

590. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration Further to PQ64808/26 and PQ64809/26 of 16 September 2026, in which the Minister stated that officials have been asked to examine whether the confidentiality provisions of the International Protection Acts 2015 and 2026 can be clarified or amended, the date on which that examination was commissioned; its terms of reference; whether any paper, submission or assessment has been prepared to date; whether the Attorney General has been consulted; the date by which it is expected to conclude; and whether its outcome will be published. [68776/26]

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Written answers

Minister for Justice, Home Affairs and Migration

As set out in my reply of 16 September 2026, the principle of confidentiality is a fundamental element of asylum law and is reflected both in the Asylum Procedures Regulation and in domestic legislation, namely the International Protection Act 2015, which applies to applications made before 12 June 2026, and the International Protection Act 2026, which applies to applications made on or after that date.

I have asked my officials to examine this matter with a view to determining whether the provisions of those Acts relating to the publication of information that is likely to lead members of the public to identify a person as an applicant for international protection, without that person's consent, can be amended or clarified to provide greater flexibility regarding what may be reported in the media, particularly in the context of reporting on a person of interest in a criminal investigation.

This examination is ongoing within my Department, with a view to developing a legislative proposal that complies with the Asylum Procedures Regulation, which is binding on Ireland as a matter of EU law, as well as with other international instruments in the field of asylum law to which Ireland is a party.

As regards timing, I have asked my officials to bring forward proposals at an early date.