International Protection Bill 2026 passes through Oireachtas; President convenes Council of State to consider its constitutionality

The International Protection Bill 2026 has completed its passage through the Oireachtas. The Government has described it as the most significant reform of Irish asylum law in the history of the State and paving the way for implementation of the EU Migration and Asylum Pact.

Minister for Justice, Home Affairs and Migration Jim O’Callaghan said the legislation represents a pivotal step towards a rules-based migration system aligned with other EU Member States. He emphasised that the Pact is founded on shared responsibility, effective management of external borders and stronger governance of asylum and migration policy, noting that migration is inherently transnational in nature and cannot be addressed by any single country acting alone.

The Government has indicated that the new framework will accelerate decision-making processes, enabling successful applicants to obtain international protection more quickly while facilitating the earlier return of unsuccessful applicants to their countries of origin. Minister of State for Migration Colm Brophy described the legislation as an important milestone in delivering a firm, fair and effective migration system, adding that it is intended to reduce overall applicant numbers by limiting secondary movement within the EU and introducing significantly accelerated procedures. He also expressed a policy objective of reducing reliance on IPAS accommodation centres over time and moving towards a more sustainable migration model.

The Irish Human Rights and Equality Commission had proposed a number of amendments during the legislative process, including safeguards to ensure detention is used only as a measure of last resort, early access to legal advice and representation, and strengthened protections for vulnerable applicants. While acknowledging that some recommendations were reflected in amendments to the Bill, Chief Commissioner Liam Herrick stated that significant concerns remain. He highlighted, in particular, the breadth of detention powers, the absence of guaranteed early-stage legal assistance and restrictions on family reunification.

According to the Commission, the provisions relating to family reunification may create substantial barriers for individuals seeking to reunite with relatives separated by conflict, notwithstanding the recognised importance of family unity in supporting integration and social cohesion.

President Catherine Connolly convened the Council of State on Monday, 20 April 2026 “for the purpose of her hearing from the Council regarding the constitutionality of the International Protection Bill 2026.” The President will now “consider the views of the members of the Council before making a decision as to whether to sign the Bill or to refer it to the Supreme Court for a decision on the question as to whether the Bill or any specified provision or provisions thereof are repugnant to the Constitution or to any provision thereof.” Her decision is expected before Wednesday evening (22 April 2026).

Click here to read the International Protection Bill 2026

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