Written answers

Tuesday, 28 March 2023

Department of Justice and Equality

International Protection

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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600. To ask the Tánaiste and Minister for Justice and Equality the way in which international protection applicants can access legal aid when they apply for international protection; if he is aware of delays experienced by international protection applicants in accessing legal aid; and if he will make a statement on the matter. [15418/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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Legal advice and representation, where required, for people in the international protection process in Ireland is provided by the independent Legal Aid Board (LAB)

Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the LAB. There are 34 full time and 3 part-time law centres and specialised units. Specific law centres in Dublin, Cork and Galway currently include an international protection speciality. International protection is one of many services provided by those law centres. The LAB also engages private solicitors to provide services in international protection cases. A substantial portion of the Board’s international protection cases are handled by private practitioners.

Since the commencement of the 2015 Act, the Board has committed to providing all of its international protection clients with early legal advice on all aspects of their application. The LAB is examining its resources with regard to having a presence at the International Protection Office (IPO) to offer early legal advice to applicants.

It is open to all applicants to seek legal advice in respect of any aspect of their international protection application. My officials encourage all applicants to seek legal assistance at any stage of their application and provide them with information on the LAB, as well as offering the necessary interpretation and cultural supports as part of the process.

Each applicant is given a LAB Information Leaflet and an IPO Important Notice.

The two page LAB Information Leaflet contains information relating to the services the LAB may provide to international protection applicants along with the address and contact details of the 3 LAB offices. The notice advises applicants that they are entitled to seek legal advice and assistance from the LAB or alternatively, that they may engage private legal representation at their own expense, if they wish. It also contains a QR code which applicants can scan in order to access the IPO Information Booklet and other useful information.

The LAB does not operate a waiting list for international protection services, however the level of service given to individual applicants at any particular time may be determined with reference to the stage they are at in the international protection process and the timing of any impending deadlines, interview dates, or tribunal hearing dates.

The Government has sanctioned extra resources for LAB, designed to increase its ability to support its clients in future. In Budget 2023, increased provision of over €7.8 million was provided for the Legal Aid Board bringing its total funding to €53.060 million for this year, a 17% increase on its out-turn for 2022. This will enable the Board to recruit additional staff and meet other costs to enhance delivery of all of its services across the country.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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601. To ask the Tánaiste and Minister for Justice and Equality the number of cultural mediators employed at the International Protection Office; to outline their role and remit; and if he will make a statement on the matter. [15419/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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Seeking international protection is a human right and all international protection applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin. My Department's objective is to ensure that applications are dealt with fairly and efficiently within the framework of Ireland's international obligations.

The Deputy can be assured that the protection of the rights and well-being of all applicants to the International Protection Office (IPO) is among my Department’s highest priorities. The State’s current process for assessing international protection claims was designed with multiple safeguards to give applicants every opportunity for having their claims advanced.

On November 8 2022, the IPO introduced accelerated procedures for international protection applicants from safe countries of origin, designed to support our fair and efficient rules-based system. An applicant from a safe country of origin is afforded the opportunity to submit grounds, in writing and/or at interview, as to why their country is not safe for them and those grounds are given due consideration. Furthermore, all applicants have the right to appeal a negative recommendation by the IPO to the International Protection Appeals Tribunal (IPAT)

As part of this new procedure, to assist our customers in completing their application, the IPO partnered with the International Organisation for Migration (IOM), a respected UN body, to provide cultural mediators to assist applicants in completing application forms and provide support and information in respect of the protection system in Ireland.

Cultural mediators independently assist and support the applicant in the process. This is complementary to the provision of formal legal advice offered to applicants who are encouraged to seek legal assistance at any stage of their application. Applicants are also provided with the necessary interpretation supports at each stage of the process.

Cultural mediators support customers through the application procedure in the language of their choice, while identifying any signs of vulnerability, including unaccompanied minors, victims of domestic or gender-based and/or sexual violence and human trafficking. They are also expert in national identity document verification.

Legal advice and representation, where required, for people in the international protection process in Ireland is provided by the independent Legal Aid Board.

Presently, there are 12 Cultural Mediators employed at the IPO.

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