876. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question Nos. 403 and 404 of 16 July 2026, the details of which the ongoing review comprises in relation to the interaction between the confidentiality provisions and public confidence in the reporting of criminal proceedings, including whether any paper, submission or assessment has been prepared on that specific question; and if he will make a statement on the matter. [64809/26]

877. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question Nos. 403 and 404 of 16 July 2026, whether consideration has been given, at either official or ministerial level, to introducing an amendment to section 26 of the International Protection Act 2015 or section 278 of the International Protection Act 2026; to provide for an exception to the prohibition on identifying an applicant once that person has been charged with a serious indictable offence; the outcome of any such consideration; and if he will make a statement on the matter. [64808/26]

I propose to take Questions Nos. 876 and 877 together.

It is a central priority of this Government that our immigration laws are robust and effectively enforced. Since taking office, I have worked to ensure integrity, efficiency and public confidence in our migration system.

Nothing in the international protection legislation prevents An Garda Síochána from communicating information in the course of an investigation, including personal details where necessary, provided it has due regard to the requirement not to publish information likely to lead members of the public to identify a person as an international protection applicant without that person's consent.

The confidentiality principle is a fundamental principle of asylum law and is reflected in both the Asylum Procedures Regulation and domestic legislation, namely the International Protection Act 2015, which applies to applications made before 12 June 2026, and the International Protection Act 2026, which applies to applications made on or after that date.

An asylum-seeker's claim is based on a fear of persecution by the authorities in their home country. As a result, family members or friends who remain in that country may be placed at risk if the applicant's personal information is not kept confidential.

Therefore, my officials and I are legally obliged to ensure that the identity of any person who has applied for international protection is kept confidential. For applicants whose applications were made prior to 12 June 2026, section 26(1) of the 2015 Act provides that:

"the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential".

As regards applications made after 12 June 2026, Article 7 of the Asylum Procedures Regulation provides that:

"In line with this, section 278(1) of the International Protection Act 2026 (in similar terms to section 26 of the 2015 Act) provides that:

A person shall not publish or broadcast, or cause to be published or broadcast, information likely to lead members of the public to identify that a person is an applicant without the consent of that person".

A person who contravenes this provision commits an offence.

The confidentiality requirements contained in both Acts apply to all international protection applicants, including those who have been charged with or convicted of criminal offences. This does not prevent media reporting of such cases; rather, they must be reported in a manner that does not identify the individual as an applicant for international protection. An applicant may, however, consent to being identified.

When processing international protection applications, any criminal convictions are taken into account. As part of this process, character and conduct checks are carried out before an applicant may be granted permission to remain in the State.

I have asked my officials to examine this matter with a view to determining whether these provisions can be clarified or amended.