Concerns that the new International Protection Act 2026 “favours firmness over fairness” have been raised by the Bishop of Down & Connor, Bishop Alan McGuckian.
The Act was signed by President Catherine Connolly, who had referred the Bill to the Council of State before enacting it.
The President said that “serious concerns remain” about the legislation.
Bishop McGuckian is the chair of the Irish Catholic Bishops’ Council for Migrants and Refugees, who he said has “grave concerns” that the legislation, signed into law this week, is “overwhelmingly weighted towards firmness at the cost of fairness”.
“We deeply regret that the International Protection Act provides for the detention of children, even if it is only in exceptional circumstances and as a measure of last resort,” Bishop McGuckian said.
Bishop McGuckian, now the Bishop of Down and Connor, served as the Bishop of Raphoe from 2017 to 2024.
He noted that the Council’s position is in line with UNHCR, which maintains that children should not be detained for immigration-related reasons under human rights law.
The new law will give effect to the EU Pact on Asylum and Migration, which is due to come into force in June 2026.
However, Bishop McGuckian said the Government’s stated aim of a “firm but fair” approach has not been realised.
Among the issues highlighted by the Bishops’ Council are limits on access to oral appeals, restrictions on the freedom of movement of applicants, and expanded Garda powers of arrest and detention.
Concerns were also raised about a lack of clarity around procedural safeguards in age assessments and protections for vulnerable applicants within the asylum border procedure.
Bishop McGuckian also criticised new family reunification measures contained in the Act, describing them as “anti-family”.
He said: “These measures, which introduce a two-year waiting period before beneficiaries of international protection can apply for reunification, are anti-family.
“It is neither fair nor just to significantly restrict the ability of refugees… to be reunited with their loved ones.”
While acknowledging calls from asylum advocates to speed up the processing of applications, the Council warned that reforms should not come at the expense of due process.
It also pointed to “significant confusion” around the operation of legal counselling under the new system and called for adequate resourcing of the Legal Aid Board to ensure timely access to legal advice and representation when the EU Pact comes into effect.
The legislation is due to be implemented from June 2026.