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New legislation to introduce significant reform of immigration laws
Driven by changes agreed at EU level, Irish legislation on the immigration governing international protection system is facing significant changes in 2026.
EU Pact on Migration and Asylum
The EU Pact on Migration and Asylum (EU Pact) adopted by EU Member States is a package of measures that will require changes to the rules on asylum and migration which will apply to asylum applications made from 12 June 2026. The current system of international protection will be completely reshaped by the implementation of the new framework.
Earlier this year, Jim O’Callaghan TD, Minister for Justice, Home Affairs and Migration published the General Scheme of the International Protection Bill 2025 (General Scheme) which will seek to implement the EU Pact in Ireland. It addresses every aspect of the process from the arrival of potential applicants at the border, to the granting of international protection, or the return of persons to their country of origin. When introducing the General Shcheme Minister O’Callaghan stated that the EU Pact offers “an opportunity both here in Ireland and across the EU to reset the system. This general scheme is an important next step in one of the most significant reforms of Irish asylum law in decades.”
Law Society’s Concerns
However, despite its considerable length (163 draft sections across 244 pages) there are significant gaps in the General Scheme. The Law Society’s submission to the Oireachtas Joint Committee on Justice, Home Affairs and Migration, focused on a number of issues which we now outline.
Legal Counselling
The Law Society’s principal concern related to the proposal in the General Scheme that applicants would be provided with “legal counselling”. There is no definition of legal counselling in the General Scheme or in the EU Pact. The Law Society expressed concern at the lack of clarity in the General Scheme regarding the intentions on legal counselling and put forward a draft definition of the term for inclusion in the General Scheme and advocated for solicitors and barristers to be eligible to provide legal counselling services.
Appeal timeframe
The Law Society submission also focused on the need for the General Scheme to clarify the starting point of appeal periods. The Law Society put forward new wording for inclusion in the General Scheme which would clarify when the appeal period will start and would state the duration of that period.
Provision of information to applicants
Another issue addressed in the Law Society’s submission related to the need for clarity in General Scheme on which information in relation to legal services would be provided to applicants when they are notified of a return decision.
Information Session in Leinster House
In early December, at the invitation of Gary Gannon TD, Social Democrats spokesperson on Justice, the Law Society participated in an information session on the General Scheme at Leinster House. The Law Society used the opportunity to highlight our concerns around the ‘legal counselling’ aspects of the General Scheme. By having regard to EU legislation and guidance, we also sought to cast some light on what “legal counselling” might actually involve in practice and how it might fit within the existing framework of legal advice and legal representation. At that event we also shared the platform with representatives from Irish Human Rights and Equality Commission, the Ombudsman for Children's Office, and the Irish Refugee Council – all of whom shared real concerns and valuable insights on different aspects of the General Scheme.
In recent weeks the Oireachtas Joint Committee on Justice, Home Affairs and Migration published its Report on Pre-Legislative Scrutiny of the General Scheme of the International Protection Bill 2025. The Law Society will continue to engage with the Department of Justice, Home Affairs and Migration in advance of the publication of the Bill.
