Mr. Enda O'Neill:

On the risk of detention, the procedures regulation, which mandates the border procedure in certain circumstances, does not contain specific provisions on detention itself. That is contained generally in the reception conditions directive, which is another example of how the proposals are interconnected. The risk is that the conditions would amount to de facto detention, because people would have to stay at a particular location. It remains to be seen how that would be applied in practice, both in Ireland and in Europe more generally. Thankfully, in Ireland, we do not have a practice of widespread detention as it stands, and the Minister has given a commitment that this would not change significantly.

In terms of a practical change in the Irish system, one that could be relatively significant is these very accelerated procedures. For the first time, someone would be required to stay in a particular location, even if they are not detained. People with no other options will usually choose to stay in IPAS accommodation but they are not mandated to stay there and if they have other options, they can go there.

As mentioned, access to legal assistance in that accelerated procedure would be important. As I touched on in my opening statement, as there are categories of vulnerable persons or people who are inappropriate to send through such an accelerated procedure, it really is about how that is applied in practice and what the safeguards are around that procedure.

I might just add one small point. The number of places mandates for Ireland for that border procedure is relatively small. It could be 5% of the number of applications received in a year. It is not going to be a wholesale change and to address the previous question from Senator McDowell, someone who applies in the country or the border could equally be referred to the border procedure.