Ms Maria Hennessy:

I thank the Senator for her questions. On the screening regulation, there has been a commitment here to align it in the Irish domestic legislation even though it is not fully opted into, that measure. Specifically Article 10 of the screening regulation contains provisions that are not reflected currently in the general scheme and I will give an example. Head 125 of the current International Protection Bill scheme does not refer to the requirements under the screening regulation to monitor compliance with EU and international law, including the Charter of Fundamental Rights, in particular as regard access to the asylum procedure, the principle of non-refoulement and the best interests of the child. So that should be explicitly replicated in the legislation here. Also the chief inspectorate must have the power to refer cases for the initiation of civil or criminal justice proceedings for failure to respect or enforce fundamental rights. That is an obligation under the screening regulation which is not currently replicated in the general scheme of the International Protection Bill so it would be important to include that.

If I may come back to one point on legal counselling. Article 15 of the asylum procedures regulation and Article 16 look at legal counselling and representation. There is a number of aspects to it but it includes tailored information and that is information regarding the process that a person may go into. So in the new scheme a person may go into a border procedure, inadmissibility proceedings or general procedure. That requires communication and I would say in confidentiality as well in terms of with a legal representative to ensure that person is able to disclose the information they need to, to also help identify which is the appropriate procedure. We are very clear it is replicated in the Commission's implementation plan that if you have full legal assistance and representation in your current domestic system to retain that. So it is really critical that there is early legal advice. That is going to be of benefit to all in the process because it will enable and make sure that the right decision is made as early on as possible, the person is correctly informed and feels they are able to disclose their protection needs in an efficient manner as well. That would be really key.