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International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: We have to keep in line with international terminology and EU directives. I repeat that the term is not defined in EU directives and our legislation has to keep in line with such EU directives. I appreciate that the Deputy is attempting to improve the Bill in the best interests of children. Following our deliberations, the best interest of the child will be implicit and explicit throughout...

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: These are Government amendments-----

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: We are dealing with a group of amendments relating to the functions of the international protection officer. The issue arising relates to the outsourcing or privatisation of this service. What I am trying to outline to the Deputies opposite is that implicit in the Bill is that such individuals will be civil servants, as appointed by the Minister and the Minister cannot do otherwise. That...

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: It is implicit in section 73 that international protection officers will be civil servants. The Minister is not empowered to authorise anyone who is not a civil servant. Section 73 provides, "The Minister may authorise in writing such and so many persons as he or she considers appropriate to perform the functions". The Minister cannot authorise anyone who is not a civil servant. Only a...

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: Section 73.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: I have already outlined that the Minister can only authorise civil servants to carry out these functions. He or she cannot authorise anyone else. It is implicit in the text.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: I am on page 27, section 73.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: In terms of the amendments, "The Minister may authorise in writing such and so many persons as he or she considers appropriate to perform the functions conferred on international protection officers by or under this Act". These people can only be civil servants.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: I am working off the list of amendments. The central point is that section 73(1) provides, "The Minister may authorise in writing such and so many persons as he or she considers appropriate to perform the functions conferred on an international protection officer". The Minister cannot authorise just anyone to fulfil this role. This is implicit. No Minister in any circumstance can...

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: There will be people who will make the decision. There will be people who will assist the individual in terms of the operation of the office but the international protection officer who makes the decision will be authorised by the Minister and that person must be a civil servant.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: I am fascinated by the terminology used by the Deputy, including that this legislation is being rammed through the House. It has been around for approximately 15 years-----

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: -----the result of which is that this issue has not been addressed. Every NGO of which I am aware has been calling for a long time for the introduction of a single procedure mechanism. The Deputy will be aware that the expiry of the term of office of the Government is approaching. It is important in the context of the current protection process in Ireland that we put this issue to bed and...

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: There are only so many times I can repeat the same point. All international protection officers will be civil servants who will be trained to UNHCR standard. The suggestion that what is being proposed will lead to the outsourcing of these roles is tiresome. That is not the case. IPOs will be civil servants who will be trained to UNHCR standard and will exercise their role independently.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: The Deputy is correct that it is not specified in the Bill. The staff of the international protection office will be civil servants transferred from the Refugee Application Service to take up this role. They will be civil servants who, as I said, will be trained to UNHCR standard. I assume what the Deputies opposite are suggesting is the highest possible standards in the processing of...

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: I move amendment No. a1: In page 7, after line 29, to insert the following: “(3) An order under subsection (2) may, in respect of the repeal of the Act specified in section 6(1) effected by that section, appoint different days for the repeal of different provisions of that Act.”. I will now deal with amendments Nos. 1, 2 and 4.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: I move amendment No. 1: In page 8, to delete lines 6 to 10 and substitute the following: “ “applicant” means a person who— (a) has made an application for international protection in accordance with section 15, or on whose behalf such an application has been made or is deemed to have been made, and (b) has not ceased, under subsection (2), to be an...

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: Yes.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: Yes.

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: I move amendment No. 2: In page 8, between lines 10 and 11, to insert the following: “ “biometric information” means information relating to the distinctive physical characteristics of a person including— (a) measurements or other assessments of those characteristics, (b) information about those characteristics held in an automated form, but does not include...

International Protection Bill 2015 [Seanad]: Committee and Remaining Stages (16 Dec 2015)

Aodhán Ó Ríordáin: I move amendment No. 3: In page 8, between lines 11 and 12, to insert the following: “ “chief international protection officer” means the person appointed under section 74 to be the chief international protection officer;”. Amendment No. 3 provides a definition of a chief international protection officer who will be responsible for the management of the...

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