Written answers

Wednesday, 2 April 2025

Department of Justice and Equality

Immigration Policy

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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199. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, to outline the number of additional International Protection Office caseworkers, translators, and healthcare staff he expects will need to be hired to support the implementation of the new international protection procedures; and if he will make a statement on the matter. [16009/25]

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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210. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland's national immigration plan for the EU Migration and Asylum Pact, the number of legal practitioners which have or are intended to be contracted or resourced to provide early-stage legal advice under the reformed international protection system; and if he will make a statement on the matter. [16038/25]

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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212. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Irelands national immigration plan for the EU Migration and Asylum Pact, if his department has or intend to undertake a cost analysis on funding the legal aid board to meet increased early-stage demand under the new system; and if he will make a statement on the matter. [16040/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 199, 210 and 212 together.

It is a central priority for me as Minister for Justice that our immigrations laws are robust and enforced.

The EU Migration and Asylum Pact is a new EU framework to manage migration and asylum for the long-term. The overall objective of the Pact is to provide a fair, sustainable and efficient asylum procedure. This will be done through convergence in asylum practises across the EU.

Ireland’s national implementation plan (NIP) sets out the State’s proposed approach to meeting the requirements set out in the Pact. It is not a binding prescription, but rather an indication of how Ireland intends to go about implementing the Pact.

The NIP allows for a transition period before the Pact comes into effect in June 2026 during which elements can be examined in greater detail and modified as required. This includes operational aspects as well as resource requirements around human resources, IT, infrastructure etc.

Following significant engagement with stakeholders in the international protection system, my Department, supported by colleagues in the Department of Children Equality Disability Integration and Youth and agencies, has drawn up a first indicative cost model setting out potential capital set-up costs, post-Pact implementation non-pay running costs and the cost of new staff required from June 2026 to process applications.

Additional staff are required in particular in IPAT, Repatriation and legal aid to support faster processing required by the Pact. This will enhance capacity in areas that have not expanded to the same extent as the IPO in recent years.

The State is currently analysing how to restructure the provision of legal aid to fulfil the State’s obligations under the Pact measures in relation to legal counselling, legal assistance and legal representation.

The cost estimates associated with the plan are tentative at this stage and require further refinement and budgetary approval. The submission to the European Commission has emphasised that further work is required to finalise this.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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200. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, to outline the protocols that will be in place to ensure that unaccompanied minors are not inappropriately routed through accelerated or inadmissible procedures; and if he will make a statement on the matter. [16010/25]

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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201. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, if all unaccompanied minors be referred to Tusla immediately upon arrival under the new screening process; how this will be monitored; and if he will make a statement on the matter. [16011/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 200 and 201 together.

The EU Migration and Asylum Pact is a new EU framework to manage migration and asylum for the long-term. The overall objective of the Pact is to provide a fair, sustainable and efficient asylum procedure. This will be done through convergence in asylum practices across the EU.

The new International Protection Bill to give effect in Irish law to the Pact measures will make specific provision for matters relating to minors, including unaccompanied minors and age assessments, and will give effect to the requirements of the Reception Conditions Directive, Asylum Procedure Regulation and Asylum and Migration Management Regulation. My Department is engaging with the Department of Children, Equality, Disability, Integration and Youth on these matters, and will continue to engage with that Department during the drafting and enactment of the Bill.

As is the case in the current system, it is envisaged that all unaccompanied minors will be referred to Tusla as soon as possible after making their application for international protection. Provision will be made in the new legislation for the appointment of representatives for unaccompanied minors, in line with the requirements of the Pact measures. The role of such a representative will be to assist and guide the minor through the international protection application process with a view to safeguarding the best interests of the child and, in particular, to assist with the lodging of the application for international protection and the personal interview.

The Pact provides for enhanced screening measures to ensure that applicants are referred to and supported through the appropriate international protection application processing pathway. The International Protection Bill will provide for the necessary safeguards for children throughout the screening and international protection application process.

The protection of fundamental rights will be at the forefront of Ireland’s implementation of the Pact. Provision will be made to establish an independent monitoring mechanism , the purpose of which will be to ensure that, during the screening process and application of the asylum border procedure, there is compliance with fundamental rights under EU and international law, including the EU Charter of Fundamental Rights, and to investigate allegations of breaches of same. The monitoring mechanism will serve to ensure compliance with the fundamental rights of children in the international protection process.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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202. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, to outline the oversight mechanisms that will be in place to ensure that asylum and migration management regulation returns or deportations are not carried out in breach of Ireland’s non-refoulement obligations; and if he will make a statement on the matter. [16012/25]

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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204. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, if his Department has sought legal advice on the compatibility of the asylum and migration management regulation procedure and border procedures with the European Convention on Human Rights and the EU Charter of Fundamental Rights; and if he will make a statement on the matter. [16014/25]

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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205. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, how his Department plans to ensure ongoing compliance with Article 18 of the EU Charter (Right to Asylum) and international protection obligations under the 1951 Refugee Convention; and if he will make a statement on the matter. [16015/25]

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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213. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland's National Implementation Plan for the EU Migration and Asylum Pact, if there will be an independent oversight body or ombudsman monitoring the implementation of the new international protection framework; and if he will make a statement on the matter. [16051/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 202, 204, 205 and 213 together.

I can assure the Deputy that I am keenly aware that the right to asylum is a fundamental right in the EU, guaranteed by the Treaty and the Charter of Fundamental Rights and confirmed by the proposals under the Pact on Migration and Asylum.

The EU Migration and Asylum Pact will ensure Europe acts as a collective in terms of how migration, and in particular asylum, is managed to ensure the system is firmer and fairer. It is important to highlight that the right to asylum under Article 18 of the EU Charter of Fundamental Rights is unaffected by the Migration Pact. People will continue to have a right to claim international protection in line with the 1951 Geneva Convention. The Pact does, however, increase efficiencies in the international protection system which is beneficial for both applicants and that State. The Migration Pact has been designed to establish a common approach to migration and asylum that is based on solidarity, responsibility, and, importantly, respect for human rights.

Legal advice has been sought from the Attorney General’s Office in respect of the work underway to prepare a General Scheme of a new International Protection Bill to give effect to the Pact, and this engagement will continue in the course of developing the legislation.

Ireland’s National Implementation Plan (NIP) is anchored in the EU and the State’s commitment to the delivery and protection of human rights in line with the Constitution of Ireland, European Union Charter of Fundamental Rights, the European Convention on Human Rights, and the UN Refugee Convention.

I intend to establish an independent fundamental rights monitoring mechanism, as provided for in the Screening Regulation and the Asylum Procedures Regulation.

The NIP allows for a transition period before the Pact comes into effect in June 2026 during which elements such as the independent monitoring mechanism can be examined in greater detail. The Department of Justice is engaging with IHREC and key stakeholders including the Ombudsman for Children’s Office and UNHCR to determine the most suitable model for the independent monitoring mechanism, how it should be structured, and which, if any, existing organisations could be involved in its establishment and/or operation.

The non-refoulement principle is a cornerstone of international refugee law and, as such, the new International Protection Bill will make clear that a person cannot be returned to a territory in breach of the principle of non-refoulement. An assessment of this principle will be made as part of any return decision. Moreover, this non-refoulement assessment will be amenable to appeal to the new appeals body which will replace IPAT. The ability to appeal this assessment to an independent body is novel and demonstrates my commitment to fundamental rights in the implementation of the Migration Pact.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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203. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, the budget that will be allocated to fund State-assisted voluntary returns under the revised system; and if he will make a statement on the matter. [16013/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The EU Migration and Asylum Pact is a new EU framework to manage migration and asylum for the long-term. The overall objective of the Pact is to provide a fair, sustainable and efficient asylum procedure. This will be done through convergence in asylum practises across the EU.

Ireland’s national implementation plan (NIP) sets out the State’s proposed approach to meeting the requirements set out in the Pact. It is not a binding prescription but rather an indication of how Ireland intends to go about implementing the Pact.

There are three routes to return: Voluntary return, enforced deportation, or return under the new system to replace the current Dublin Regulation, known as the AMMR. If an applicant is eligible, it is intended that they will have a specified period of time to accept an offer of voluntary return, followed by a further period of time to depart from the State. An individual will be obliged to advise the Minister of their departure.

My Department is currently developing future plans for voluntary return as a key part of implementing the Pact, in partnership with relevant stakeholders.

This will build on the positive momentum achieved by my officials when encouraging people to leave voluntarily. In 2024, 934 individuals left Ireland using the Voluntary Return Programme, a significant increase compared to the 213 in 2023. I expect these numbers to rise again this year and so far 376 persons departed in this manner to 28 March 2025.

The NIP allows for a transition period before the Pact comes into effect in June 2026 during which elements will be examined in greater detail and modified as required. This includes operational aspects as well as resource requirements around human resources, IT, infrastructure etc.

The budget that will be allocated to fund State-assisted voluntary returns will be set in the Estimates through the normal budgetary process. The cost estimates associated with the plan are tentative at this stage and require further refinement and are subject to budgetary approval. The submission to the Commission has emphasised that further work is required to finalise these matters.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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206. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, if his Department will publish regular statistics on the number of applicants processed through each stream (standard, accelerated, inadmissible, border), and the outcomes of those procedures; and if he will make a statement on the matter. [16016/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The EU Migration and Asylum Pact is a new EU framework to manage migration and asylum for the long-term. The overall objective of the Pact is to provide a fair, sustainable and efficient asylum procedure. This will be done through stronger governance of asylum and migration policies and through convergence in asylum practises across the EU.

Ireland’s national implementation plan (NIP) sets out the State’s proposed approach to meeting the requirements set out in the Pact which comes into effect in June 2026.

I am committed to enhancing transparency and effective communication of my Department’s work, including in the area of International Protection. Statistics are published regularly on gov.ie and the IPO’s own website, both of which can be found below. I intend to continue publishing regular statistics on international protection under the pact including the number of applications processed through different streams as well as decisions made.

gov.ie - International Protection in Numbers

Statistics - International Protection Office

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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207. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Irelands national immigration plan for the EU Migration and Asylum Pact, how his Department intend to ensure that the seven day screening process allows for adequate legal support and medical-vulnerability assessments, particularly for traumatised applicants; and if he will make a statement on the matter. [16035/25]

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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208. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Irelands national immigration plan for the EU Migration and Asylum Pact, the steps being taken to ensure that vulnerable applicants, including victims of trafficking, torture, or LGBTQ+ individuals, are not incorrectly streamed into accelerated or inadmissible procedures; and if he will make a statement on the matter. [16036/25]

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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209. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Irelands national immigration plan for the EU Migration and Asylum Pact; if applicants will have access to independent legal advice before being allocated to a specific asylum procedure stream; and if he will make a statement on the matter. [16037/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 207, 208 and 209 together.

I propose to take PQs 16035/25 , 16036/25 and 16037/25 together.

The EU Asylum and Migration Pact will ensure Europe acts as a collective in terms of how migration, and in particular asylum, is managed to ensure the system is firmer and fairer. It has been designed to establish a common approach to migration and asylum that is based on solidarity, responsibility, and, importantly, respect for human rights.

Ireland’s National Implementation Plan is anchored in the EU and the State’s commitment to the delivery and protection of human rights in line with the European Union Charter of Fundamental Rights, the European Convention on Human Rights, and the UN Refugee Convention.

During the screening process, all information gathered will be taken into account in order to identify vulnerabilities before assigning applicants to the most appropriate pathway.

I intend to establish an independent fundamental rights monitoring mechanism, as provided for in the Screening Regulation and the Asylum Procedures Regulation.

It should be noted that the role of the Legal Aid Board as providers of independent advisors to applicants for international protection is acknowledged as a continuing feature in the provision of legal advice and representation under the Pact. As such, the Legal Aid Board will require a significant scaling up of services through increased staff and resourcing. The Department and the Legal Aid Board are currently analysing how to restructure the provision of information, legal advice and legal representation to meet the requirements of the Pact.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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211. To ask the Tánaiste and Minister for Justice and Equality the current average time between an applicant's arrival and their first legal consultation; and if he will make a statement on the matter. [16039/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am fully committed to ensuring that Ireland’s International Protection system is robust and rules based, and that our borders are protected.

I intend to further invest in the immigration system to support an ambitious target in the IPO of 25,000 first-instance decisions this year. The IPAT also aims to increase the number of appeals completed over the course of 2025 with the recruitment of additional Tribunal Members to increase its decision-making capacity currently taking place.

This will ensure those who are entitled to international protection to rebuild their lives here are given status, while also ensuring faster decision making in respect of those who do not meet the requisite criteria.

When an applicant first applies for international protection, they are provided with comprehensive information on the international protection process including on the availability of legal information and advice as well as how to contact UNHCR and other support organisations.

Applicants can avail of the services of the Legal Aid Board (LAB) which:

  • provides legal assistance and advice in support of their application.
  • advises them in relation to the completion of their International Protection Questionnaire (if not already completed) including any grounds that they may wish to set out for the purpose of requesting that the Minister should give them permission to remain in the State.
  • assists them in the preparation for their international protection interview and any written representations to the Minister.
  • in the case of a negative recommendation on their application, provides representation for them in any appeal they may take to the International Protection Appeals Tribunal (IPAT).
The Legal Aid Board 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.

Detailed information on civil legal aid services and advice provided to international protection applicants can be found on the Legal Aid Board website at: www.legalaidboard.ie/en/our-services/legal-aid-services/services-for-international-protection-applicants/.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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214. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, the steps his Department will take to ensure that attacks on proposed accommodation sites for the new reception centres are treated as threats to the rule of law, and that those responsible are held accountable; and if he will make a statement on the matter. [16116/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The health and wellbeing of all people who apply for international protection is of the highest priority to this Department and to the Department of Children, Equality, Disability, Integration and Youth.

In recent times, so many communities across Ireland have demonstrated great solidarity to those who come here seeking shelter and protection.

While people have the right to protest, and of course that right must be respected, people do not have the right to do this in a way that causes others to fear for their safety or in a way that threatens public order. The intimidation of migrants, including the blocking of access to accommodation centres, is not acceptable and warrants a proportionate response from An Garda Síochána.

An Garda Síochána monitor protest activity where there is potential for serious policing and security implications to arise. The rule of law, human rights and the principle of proportionality are respected at all times. Threats against any people are unacceptable. There is a range of legislation under which threats and intimidation can be prosecuted, including the Non-Fatal Offences Against the Persons Act and our Public Order legislation.

Gardaí have made a number of arrests relating to arson attacks on buildings rumoured or planned to be IPAS centres. Investigations into these incidents are continuing and we have seen individuals brought before the courts. An Garda Síochána should be commended for this work as it is important that those who carry out such wanton acts of violence are brought to account.

An Garda Síochána continue to liaise with the International Protection Accommodation Services (IPAS) where accommodation centres are established.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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215. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, to outline, given that the new international protection screening process includes identity verification, fingerprinting, and biometric checks within seven days of arrival, if he will explain the legal and operational basis for accommodating applicants in large-scale holding centres beyond that point; if his Department has considered community-based alternatives such as regular check-ins with Gardaí, particularly for low-risk applicants, in line with best practice in rights-based migration systems; and if he will make a statement on the matter. [16118/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The EU Migration and Asylum Pact is a new EU framework to manage migration and asylum for the long-term. The overall objective of the Pact is to provide a fair, sustainable and efficient asylum procedure. This will be done through convergence in asylum practises across the EU.

Ireland’s national implementation plan (NIP) sets out the State’s proposed approach to meeting the requirements set out in the Pact. This is not a binding prescription, but rather an outline of how Ireland intends to go about implementing the Pact.

The 2024 Reception Conditions Directive is designed to improve efficiency and help prevent secondary movements by providing for the assignment of applicants to particular centres or regions and by making the provision of material reception conditions subject to compliance.

Under the Pact, all applicants will undergo a screening process before being triaged into a particular pathway : the border procedure, accelerated procedure, inadmissible procedure or standard procedure. Depending on the pathway, applicants may be required to report regularly, reside in a particular place, or have restrictions placed on their movements. Alternatives to detention may be used for certain cohorts subject to an individual assessment.

The border procedure applies to applicants from countries of origin with a recognition rate of 20% or less across the EU or who have no documents or false documents or are deemed a security risk. Under this procedure, applicants do not have a general right of admission to the State, rather their presence is permitted solely for the purpose of processing their international protection application. The co-location of applicant screening and case-processing in designated centres will allow for applicants' cases to be processed efficiently where appropriate support services including medical screening and legal counselling can be provided to applicants.

It should be noted that detention for international protection applicants can only be applied in accordance with all the safeguards provided for in the 2024 Reception Conditions Directive – i.e. it can only be used when it proves necessary and proportionate based on an individual assessment, as a measure of last resort when less coercive measures are not possible, and subject to judicial scrutiny.

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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216. To ask the Tánaiste and Minister for Justice and Equality following the publication of the brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact, if his Department intends to or has commissioned or reviewed a human rights impact assessment on the use of institutional or shared reception centres for international protection applicants, in light of the State’s historical record of harm in institutional settings - including industrial schools, Magdalene laundries, and direct provision; the guarantees he can provide that the State is not repeating a pattern of social containment and exclusion, particularly in the design and operation of new reception centres; and if he will make a statement on the matter. [16119/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The health and wellbeing of all people who apply for international protection is a priority for my Department, and for the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) , which is currently responsible for matters related to accommodation and integration until the transfer of functions to my Department is complete.

The EU Migration and Asylum Pact has been designed to establish a common approach to migration and asylum that is based on solidarity, responsibility, and, importantly, respect for human rights.

Ireland’s National Implementation Plan (NIP) is anchored in the EU and the State’s commitment to the delivery and protection of human rights in line with the Constitution of Ireland, European Union Charter of Fundamental Rights, the European Convention on Human Rights, and the UN Refugee Convention.

I can assure the Deputy that my Department and DCEDIY have been working in partnership to address the reception elements of the Pact in the NIP, and this partnership will be maintained as the International Protection Accommodation Services (IPAS) transition back to this Department.

The 2024 Reception Conditions Directive is designed to improve efficiency and assist in the faster processing of applications by allowing for the assignment of applicants to particular centres or regions. Under the Pact, all applicants will undergo a screening process before being triaged into a particular pathway: the border procedure, accelerated procedure, inadmissible procedure or standard procedure.

Accommodation will be provided in accordance with EU and Irish applicable standards. Furthermore, the co-location of applicant screening and case-processing in designated centres will allow for applicants' cases to be processed efficiently where appropriate support services including medical screening and legal counselling can be provided to applicants.

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