26 April 2026
To: Minister Jim O’Callaghan
Minister for Justice, Home Affairs and Migration
Department of Justice -94 St Stephen’s Green
Dublin 2
Subject: Proposal to close the long-standing carrier liability and identification loophole.
Dear Minister O’Callaghan,
I am writing as a concerned Irish citizen and owner of onlinenews.ie about the continued failure to address the widespread destruction of travel documents by passengers arriving in Ireland.
The Core Issue: The persistent inability of the authorities to reliably and promptly identify individuals who destroy their documents upon arrival has enabled large numbers of false, multiple, and opportunistic asylum claims.This loophole has been well known for well over a decade. It is unacceptable that the Government failed to deal with it in the International Protection Act 2026.
Once again, a straightforward and practical solution was ignored.The cost of this failure has been enormous borne by Irish taxpayers, airlines through repeated €5,000 carrier liability fines, and ordinary passengers through higher fares.
On 18 March 2026, you told the Dáil that Ireland’s migration system had developed “haphazardly” for many years with no formal strategy. In light of your own admission, it is deeply troubling that you made numerous changes to the International Protection Bill but deliberately chose not to close this obvious and long-standing loophole.
Instead, the Government proceeded to have the Bill signed into law by President Catherine Connolly following consultation with the Council of State, the majority of whose members had themselves been responsible over time, in one way or another, for the content of the legislation.
At no point were the Irish people given the opportunity to vote on this critically important matter in a referendum.The process surrounding the International Protection Act 2026 was fundamentally undemocratic.
It denied the citizens of Ireland any meaningful say on an issue that carries enormous financial and societal consequences.
As a direct result, the State is now facing millions of euros in legal fees and court time to challenge aspects of this incomplete and flawed legislation.
This represents yet another unacceptable squandering of Irish taxpayers’ money.Given this Government’s repeated failure over many years to implement basic, common-sense measures, I have no confidence whatsoever that this administration is willing or able to deliver real solutions.
In these circumstances, I must ask why you continue to remain in the position of Minister for Justice when the system you are responsible for is fundamentally flawed and you have repeatedly failed to correct it.
Proposed Solution: I propose that the Government immediately brings forward a targeted amendment to the Immigration Act 2003 to:
1st . Require all carriers to digitally record (photograph or scan) valid passports at boarding for non-EEA passengers and link them securely to the passenger’s PNR.
2nd . Introduce a safe harbour defence that fully exempts compliant airlines from carrier liability fines.
This is a simple, proportionate, and long-overdue measure that would significantly reduce document destruction, false claims, and the financial burden on the State.
I expect a full and detailed response to this letter, including a clear explanation as to why this solution was excluded from the 2026 Act and when the Government intends to finally act.
Yours sincerely,
Sean Treacy
Some contact information has been removed from this letter publication online for GDPR Purposes
Dear Mr. Treacy,
I refer to your correspondence dated 26 April 2026 to the Minister for Justice, Home Affairs and Migration, Jim O’Callaghan. I am responding to you on behalf of the Minister.
I note the queries raised in your correspondence I can assure you that both the Minister and the Department are committed to delivering a robust and rules-based immigration system.
While the Department cannot comment on the individual business practices of airline carriers, I can assure you that the enforcement aspects of our immigration laws are an essential requirement for the system to work effectively and to ensure that there is confidence in the application of our legislation in this area.
To this end, implementing effective border security arrangements is a priority, and the Programme for Government commits to developing a border security strategy to deliver stronger border security.
Measures have also been introduced to combat irregular migration, including additional visa requirements and increased penalties for carriers who are found not to have conducted appropriate Immigration checks. In total there has been a 50% reduction in the number of people arriving at Dublin Airport without documentation in both 2024 and 2025, as compared to 2022.
It should be noted that An Garda Síochána has responsibility for issuing carrier liability notices and warnings, and for the imposition of carrier liability fines on carriers who permit a non-national to travel with their airline or ferry without the necessary documentation i.e. no documents, false document, no visa or improper use of genuine documents.
The fines payable by carriers in such instances were increased by way of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024.
The effect of these changes is to increase the fines payable by carriers on summary conviction to a maximum of €5,000 from the previous maximum of €3,000.
The above Act also provides that carriers which make a payment of €2,500 within 28 days will avoid prosecution for an offence under the Act, which was an increase from the previous payment of €1,500; in practice many carriers avail of this option.
A total of 910 fines were issued in 2024 and 768 fines were issued in 2025; the 2025 figures may change arising from any appeals from carriers.
With respect to your queries on the new International Protection Act 2026, the Act was signed into law in April, giving effect to the EU Migration and Asylum Pact. The Department continues to focus on preparing for the commencement of the Act on 12 June 2026, which is the day on which the measures of the Pact come into effect.
This Bill represents the most significant reform of Irish asylum laws in the history of the State. It will put in place a new framework to manage migration and asylum for the long term. It will improve decision-making structures within the international protection system and provide faster timelines for the processing of international protection applications.
Faster decision-making will mean that successful applicants will be granted international protection sooner, and those whose applications are refused can be returned to their country of origin sooner.
Finally, you may wish to know that the Programme for Government contains a commitment to publish a National Migration and Integration Strategy detailing how Government intends to meet the demands and the opportunities facing Ireland’s society and economy over the next decade.
The Department is currently working collaboratively with a wide range of other Government departments to develop this strategy with the aim to publish Ireland’s first overarching whole-of-government National Migration and Integration Strategy by the end of this year.
Yours sincerely,
Ellen Byrne
Private Secretary to the
Minister for Justice, Home Affairs and Migration
