Ms Fiona Hurley:

We are very concerned about the border procedure. It might not be referred to as detention and is explicitly not referred to as detention in the EU migration pact, but if a person is required to reside in a particular designated facility and if that is not considered the territory of the EU, is that de facto detention? What will that facility actually look like when it is implemented? We are concerned about the 12 weeks from start to decision, including a return decision. We work with people who are arriving in the State and, during the first 12 weeks, people are in a whirlwind. They have just moved country and they do not have the headspace to engage in any of this, including trying to ensure someone has legal counselling in that time. We do not know what legal counselling will look like as opposed to legal representation, which has a very separate and specific meaning. With legal counselling, is it with someone who is suitably qualified and knowledgeable to speak to the individual about the intricacies of their case, particularly because they have already been identified as someone who may have a weaker case? Will the legal counselling identify whether the person might be a victim of trafficking or a victim of domestic, sexual or gender-based violence and how do they raise those submissions? How does the person get a medical legal report within that 12-week process to support the fact he or she is a victim of torture? This is not happening at the moment. We are concerned these vulnerabilities are going to be missed. At present the State is not able to complete vulnerability assessments for international protection applicants. There will need to be a huge amount of resourcing put into legal counselling and into identifying people with vulnerabilities or people who need these special procedural safeguards. There is a huge risk in these facilities. We are quite concerned that children will be in these facilities with their families. We must consider what happens to these children. There is provision within the pact for access to education, but realistically how are these children accessing school in those 12 weeks and what happens to them afterwards? For us there are very significant concerns, especially those aspects of the border procedure.