International Protection Act 2026

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Inspection of accommodation centres

95. (1) An authorised person may, for the purposes of the performance by the monitoring body of its functions under this Chapter, do any of the following:

(a) subject to subsection (5), enter and inspect at any time an accommodation centre;

(b) at such accommodation centre, inspect, take copies of or extracts from and remove from the centre any documents or records (including personal records) relating to the provision to an applicant by, or on behalf of, the service provider, of a material benefit at that centre;

(c) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the documents or records in question;

(d) inspect any other item and remove it from the accommodation centre if the authorised person considers it necessary or expedient for the purposes of this Chapter;

(e) interview in private—

(i) any person who is engaged in providing to an applicant, on behalf of the service provider, a material benefit at that accommodation centre, or

(ii) any applicant who is being provided with a material benefit at the accommodation centre and who consents to be interviewed;

(f) where an authorised person considers it necessary to do so in order to preserve for inspection records, documents or any other matter, to secure, for later inspection, and for such period as may reasonably be necessary for the purposes of the exercise of the authorised person’s powers under this Chapter, documents or records accessed or found during the inspection, and any data equipment, including any computer, in which those documents or records may be held;

(g) take photographs, recordings, digital images and measurements of the accommodation centre;

(h) make any other examination into the state and management of the accommodation centre or the standard of a material benefit provided by, or on behalf of, a service provider to applicants at that centre.

(2) At any time, an authorised person, in respect of an accommodation centre which is the subject of an inspection under subsection (1), may require—

(a) a service provider, or

(b) any person who—

(i) is in charge of the centre,

(ii) is engaged in providing to an applicant, on behalf of the service provider, a material benefit at that centre, or

(iii) possesses, or is in charge of, any records held at the centre or in respect of a material benefit provided at that centre, even if the records are held elsewhere,

to furnish the authorised person with the information the authorised person reasonably requires for the purposes of the functions of an authorised person under this Chapter and to make available to the authorised person any document or records in the power or control of the service provider or of any person described in paragraph (b) that, in the opinion of the authorised person, is relevant to the functions of an authorised person under this Chapter.

(3) If a person is required under this Chapter to produce a document or record and that document or record is kept by means of a computer, the authorised person may require that person to produce that document or record in a form which is legible and can be taken away.

(4) If an authorised person, in respect of an accommodation centre the subject of an inspection under subsection (1), considers an explanation necessary and expedient for the purposes of the performance of the functions of an authorised person under this Chapter, the authorised person may require the service provider or any person referred to in subsection (2)(b) to provide an explanation of any—

(a) document or record inspected, copied or provided in accordance with this section,

(b) other information provided in the course of the inspection, or

(c) other matters which are the subject of the functions being performed by the authorised person under this Chapter.

(5) An authorised person shall not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (7).

(6) Where, in relation to any accommodation centre, an authorised person, in the performance of his or her functions under this Chapter, is prevented or has reasonable cause to believe that he or she will be prevented from entering the accommodation centre or any part of it, an application may be made to the District Court for a warrant under subsection (7) authorising the entry.

(7) Where a judge of the District Court is satisfied on the sworn information of an authorised person that there are reasonable grounds for believing that—

(a) there are any records (including records stored in non-legible form) relating to a material benefit provided to an applicant by, or on behalf of, a service provider or a person referred to in subsection (2)(b) at that accommodation centre or that there is anything being used at the centre which the authorised person considers it necessary to inspect for the purposes of his or her functions under this Chapter, or

(b) there is, or such an inspection is likely to disclose, evidence of non-compliance with the National Standards,

the judge may issue a warrant authorising an authorised person, accompanied by other persons with appropriate qualifications, or by members of An Garda Síochána, as may be necessary, at any time or times, within one month after the date of issue of the warrant, on production of the warrant if requested, to enter the accommodation centre or any part of it, if need be by reasonable force, and to perform the functions conferred by or under this Chapter.

(8) If an authorised person—

(a) has reasonable cause to expect any serious obstruction in the performance of the authorised person’s functions under this Chapter, and

(b) is in possession of a warrant under subsection (7),

the authorised person, when performing those functions, may be accompanied by a member of An Garda Síochána.

(9) A statement or admission made by a person pursuant to a requirement under subsection (4) shall not be admissible in proceedings brought against the person for an offence (other than an offence under section 96 (1)(d)).

(10) In this section and section 96 , “dwelling” includes—

(a) the space occupied by an applicant in an accommodation centre for the applicant’s private use, and

(b) any part of an accommodation centre that is occupied as a private residence by—

(i) a service provider,

(ii) a person in charge of the centre, or

(iii) a person who is engaged in providing to an applicant, on behalf of the service provider, a material benefit at that centre.