Department of Justice misled PAC on asylum seekers – TD

Department told the Dáil public accounts committee in October that Tusla was responsible for age verification of unaccompanied minor asylum seekers — but in a letter to the committee last week, the department said it is the International Protection Office

Officials from the Department of Justice attended the Dáil public accounts committee in October. File picture

The Department of Justice has been accused of misleading the Dáil public accounts committee (PAC) on the issue of which agency is responsible for verifying the ages of unaccompanied asylum seekers.

Fine Gael TD James Geoghegan has criticised the department over its disclosures to the PAC in October, saying it “chose not to say” the correct agency.

Mr Geoghegan said the department told the PAC in October that Tusla was responsible for age verification of unaccompanied minor asylum seekers arriving in Ireland. However, in correspondence received by the committee last week, the department said it is the International Protection Office (IPO) which is responsible for age verification.

“The department’s letter flatly contradicts the impression their officials gave at the PAC hearing about who is actually responsible for determining the ages of unaccompanied minors,” Mr Geoghegan said.

It raises real questions about whether the committee was given a fully accurate picture. 

“At the hearing, officials repeatedly spoke as if Tusla decides whether someone is a minor or an adult. They allowed that to stand unchallenged for the entire session.”

Mr Geoghegan said it is in “black and white” that the IPO is responsible for age verification.

“Even more concerning, the department quietly admits in the letter that, in practice, Tusla’s view has been treated as the final word ‘for many years’. That was never disclosed to PAC,” he said.

Fine Gael Dublin Bay South TD James Geoghegan said: 'At the hearing, officials repeatedly spoke as if Tusla decides whether someone is a minor or an adult.' File picture: Damien Eagers

The Fine Gael TD accused the IPO of “passing the responsibility to Tusla” without informing the Oireachtas.

“That’s not just a procedural issue,” he said. “It goes to the heart of accountability and public safety.

All of this is happening at a time when the numbers are rising sharply: 547 unaccompanied minors so far this year, up from 482 in the same period last year.

“A 13.5% increase, even though overall international protection numbers are falling.”

Mr Geoghegan cited the development of the new International Protection Bill, which will replace the existing age assessment processes with a new authority.

“If they are already planning a full overhaul, then it’s hard to avoid the conclusion that they know the existing arrangements are inadequate, but chose not to say so when questioned,” Mr Geoghegan said.

The Dublin Bay South TD said the matter required direct ministerial intervention as to “who is responsible, what process is being followed, and how the State is protecting minors and the public”.

In response, a spokesperson for the Department of Justice said: “The response to the PAC reflects the long-standing practice on this matter which was cited on the day by officials.

“According to this practice, which has been in place for many years, when an applicant presents as an unaccompanied minor, the International Protection Office refers the individual to Tusla.”