Asylum-seeking children will bear brunt of changes to international protection legislation

New law will allow Ireland to detain children who are seeking safety here for the first time, writes Children's Ombudsman Niall Muldoon 

A mother with her five-month-old baby and six-year-old son, carrying a blue teddy, is escorted onto a Garda vehicle for deportation under Operation Trench last November. Picture: Chani Anderson

Last week, as Ireland was celebrated around the world for our ‘céad míle fáilte’, the most significant change to the Irish asylum system in the history of the State was debated in the Seanad. 

The International Protection Bill 2026 will give effect to the EU Pact on Migration and Asylum, which Ireland must implement by June of this year. Such is the relative quiet on the legislation, at least in public, it would be easy to miss that these changes are even taking place.

The reality is the Government’s proposed changes will have a monumental impact on the rights of children seeking asylum in the State. The ambition for a more effective immigration system is important, but the focus on rapid returns and a new border procedure will mean children seeking asylum, especially those arriving unaccompanied, could be more vulnerable than ever before to breaches of their rights.

Complaints to my office show how children seeking asylum are already among the most vulnerable in Ireland and if the bill passes in its current form, it risks further undermining their rights.

It’s important to stress my concerns about the new system are not an endorsement of the way we currently treat children seeking asylum here. I have repeatedly sounded the alarm on the inadequate care and protection afforded to these children. 

The real-life experiences of children growing up in direct provision were highlighted in our 2020 report, 'Direct Division'. The findings were stark. Children spoke about the lack of space and privacy in their accommodation centres, geographical isolation, discrimination, as well as deprivation and poverty. All of this prevented them from feeling like they belonged in the country where they arrived seeking safety.

Asylum seekers who are working and paying tax protest outside Leinster House last December, demanding fairness and an amnesty from deportation. Picture: Sam Boal/Collins

In 2023, my office went a step further, and for the first time in our history, laid a special report before the Houses of the Oireachtas. Our special report was critical of the crisis-driven response, which made the situation materially worse for children living in direct provision, threatening both their safety and wellbeing.

How we treat these vulnerable children will be a defining issue of our generation, and I am concerned that as it stands, history will not judge us well. The current system is not working, and while the EU pact promises efficiency, it brings us even further away from the ambition of the 2021 'White Paper on Ending Direct Provision'.

Instead, it creates a second tier within the system, known as the asylum border procedure. This is a new accelerated process designed to determine asylum claims within 12 weeks. During this time, applicants are deemed not to have entered the country, despite being physically present in the territory. 

Experts have recognised this as a "legal fiction", which allows states to expand their powers of detention. This is not just a legal fiction, it is an actual fiction because these children will be arriving in Ireland, not some limbo outside of Irish law.

Furthermore, I am deeply concerned the bill will — for the first time in Ireland — make it legally possible to detain children who are seeking asylum. This is an abhorrent violation of their rights and can never be considered in their best interests.

The new system is due to be up and running by the summer, but still, major questions remain unanswered. Will restrictions of movement mean even more children risk being de-facto detained? 

How will the State deal with children who present with additional vulnerabilities later in the international protection process? In the absence of guidance, how will a child’s best interests be assessed?

Ombudsman for Children, Dr Niall Muldoon: 'We need a better international protection system, one that is properly resourced and responsibly administered, but that should never come at the expense of children.' Picture: Leah Farrell/RollingNews.ie

Incredibly, after rushing the bill though the Dáil, crucial sections of the legislation were only introduced during the Seanad debates. As a result, little time has been given to scrutinising these provisions. This undermines the democratic process and is certainly not in the best interests of children.

Today, senators have one final opportunity to make amendments that would strengthen human rights safeguards and minimise the risk of real harm to children. My office has outlined in our submissions how we can achieve this.

Importantly, the pact sets out the minimum standards that member states must have in place, but it does not prevent Ireland from retaining or introducing additional human rights safeguards.

In an increasingly fragile world, where attacks on human rights have become commonplace, Ireland has an opportunity to demonstrate it is serious about its international commitments and dedicated to respecting, protecting, and fulfilling children’s rights. 

We need a better international protection system, one that is properly resourced and responsibly administered, but that should never come at the expense of children.

• Dr Niall Muldoon is the Ombudsman for Children