International Protection Act 2026
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Amendment of Act of 1995 | ||
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297. (1) The Act of 1995 is amended— | ||
(a) in section 1(1), by the insertion of the following definitions: | ||
“ ‘Act of 2026’ means the International Protection Act 2026; | ||
‘legal counselling’ has the same meaning as it has in the Act of 2026;”, | ||
(b) in section 5— | ||
(i) in subsection (1)(a)— | ||
(I) in subparagraph (i), by the substitution of “Act,” for “Act, and”, | ||
(II) in subparagraph (ii), by the substitution of “service, and” for “service;”, and | ||
(III) by the insertion of the following subparagraph after subparagraph (ii): | ||
“(iii) legal counselling;”, | ||
and | ||
(ii) in subsection (1)(b)— | ||
(I) in subparagraph (i), by the substitution of “purpose,” for “purpose, and”, | ||
(II) in subparagraph (ii), by the substitution of “purpose,” for “purpose.”, and | ||
(III) by the insertion of the following subparagraphs after subparagraph (ii): | ||
“(iii) legal counselling by the engagement of persons appointed by it for that purpose, and | ||
(iv) training in legal counselling, either by itself or by persons appointed by it for that purpose.”, | ||
(c) by the insertion of the following section after section 11A: | ||
“Appointment of persons to provide legal counselling or training in relation to such services | ||
11B. (1) The Board may, subject to subsection (3), appoint persons specified in subsection (2) whom it considers to be qualified by reason of knowledge, experience, qualifications, training or expertise to provide legal counselling or training in legal counselling. | ||
(2) The persons referred to in subsection (1) are— | ||
(a) a member of staff of the Board, or | ||
(b) a person contracted by the Board. | ||
(3) The Board shall determine the selection criteria applicable to appointments under subsection (1) having regard to— | ||
(a) the purpose of legal counselling, | ||
(b) the purpose of training in legal counselling, | ||
(c) the objective that persons appointed under that subsection possess knowledge of, and experience, qualifications, training or expertise in, the matters specified in subsection (4), and | ||
(d) the need to ensure that a person appointed under that subsection is a fit and proper person to provide legal counselling or training in legal counselling, as the case may be. | ||
(4) The matters referred to in subsection (3)(c) are— | ||
(a) legal counselling, | ||
(b) training in legal counselling, | ||
(c) the procedures governing applications for international protection under the Act of 2026, | ||
(d) the rights and obligations of applicants during the procedures referred to in paragraph (c), | ||
(e) without prejudice to paragraph (d), the rights and obligations of applicants who are unaccompanied minors or in need of special procedural guarantees, and | ||
(f) the operation of the laws governing the system of entry into and presence of persons in the State. | ||
(5) A person appointed under subsection (1) and to whom subsection (2)(b) applies shall be appointed subject to such terms and conditions as may be determined by the Minister with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. | ||
(6) In this section, ‘applicant’ and ‘applicant in need of special procedural guarantees’ have the same meanings as they have in section 2 (1) of the Act of 2026.”, | ||
and | ||
(d) in section 37(2), by the insertion of the following paragraph after paragraph (fd): | ||
“(fe) make provision as to the conditions relating to the provision of legal counselling by the Board;”. |