James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 1:

To delete all words after "Dáil Eireann" and substitute the following: "notes that:

- migration is a European challenge that requires a European response, which should include comprehensive policies in relation to both the internal and external dimensions of migration, with full and due respect for fundamental rights under European Union (EU) and international law;

- Ireland has a firm rules-based immigration system where rules are in place and where rules are enforced;

- the European Union Asylum and Migration Pact sets out a comprehensive new approach to migration, bringing together policy in the areas of migration, asylum, integration and border management;

- Ireland is already a member of the Common European Asylum System (CEAS);

- it has always been recognised that coordinated action between member states, where possible, is the most effective way of dealing with the transnational challenges of migration and asylum;

- the EU Migration and Asylum Pact aims, through legislative measures, to reform the CEAS to further the implementation of EU asylum and migration policy, address some inefficiencies in national migration and asylum management systems, establish a broader mechanism for solidarity, deal with inefficiencies in the current EU returns system, and introduce mechanisms to address extreme crisis situations;

- the Pact will enable Ireland to benefit from enhanced screening and asylum procedures across the EU, greater data and situational awareness, improved transfers to member states responsible, and avenues to obtain support in situations of migratory pressure or crisis;

- the Pact represents a positive development in Ireland's participation in the CEAS which will ensure a faster, fairer and more robust asylum system;

- not opting-in to the Pact and continuing to operate under existing systems will likely result in Ireland becoming a more attractive destination for individuals seeking protection, which would mean more people in the reception system for longer periods of time;

- the European Parliament approved all of the Pact elements on 10th April, and it is expected that the Pact will be formally adopted by the European Council in May 2024, becoming fully applicable across the EU two years after, around June 2026;

- opting-in to the Pact will introduce new and enhanced screening, asylum and reception processes, with mandatory timelines and a greater emphasis on returns; and

- 70 - 80 per cent of applications will receive a first instance decision within three months and the remainder within six months, which will lead to a reduction in the time applicants spend in State-provided accommodation;

- the Pact will introduce a new system to identify the member state responsible for examining an international protection application, and that will enable greater levels of transfers to that country where applicants move from one member state to another;

- the Pact will ensure that those who are entitled to international protection will get a swift decision and that those not entitled will be refused;

- the Asylum Migration and Management Regulation (AMMR), one of the measures contained in the Pact, will establish a mandatory solidarity mechanism to assist member states under migratory pressure, and the solidarity pool currently consists of 30,000 relocations or €600,000,000 in financial contributions from all member states on an annual basis;

- the solidarity pool under the AMMR may be subject to revision in the future by way of a European Commission proposal for a Council Implementing Act which must be voted upon by a majority of member states before it can be revised;

- the strategic risks of not opting-in to the Pact are significant, as the reforms will greatly impact the current protection procedures of member states, should Ireland decide not to opt-in, continuing to operate under existing Irish systems will result in Ireland being precluded from accessing solidarity and burden sharing mechanisms;

- the question of ceding sovereignty to the EU by opting into the Pact measures does not arise;

- the EU clearly has competence in the area of asylum and migration under the Lisbon Treaty, which was endorsed by the people in the Referendum on the 28th Amendment of the Constitution; and

- Cabinet approved opting-in to seven measures of the Pact on 27th March, 2024, and that motions approving an opt-in to the seven measures will be put before the Dáil and the Seanad in May 2024, for debate and approval in accordance with Article 29.7.4 of the Constitution of Ireland;

also notes that:

- seeking asylum is a fundamental right under the 1951 United Nations (UN) Convention Relating to the Status of Refugees and its 1967 Protocol and the Charter of Fundamental Rights of the European Union;

- every person's right to seek asylum in a safe country is enshrined in the UN Universal Declaration of Human Rights;

- further progress is needed to address the root causes of irregular migration in order to deter people from undertaking perilous journeys to reach the EU, to prevent loss of life and to reduce pressure on reception capacities across member states of the EU;

- a whole-of-Government approach is needed within both EU member states and EU institutions, to effectively address the challenges posed by irregular migration; and

- Ireland stands firm in our commitment to respecting and upholding the fundamental rights of those in need of international protection, in full compliance with our obligations under domestic, EU and international law;

further notes:

- the significant increase in processing in the International Protection Office, rising from 4,404 in 2021, to 8,409 in 2023, with a target of 14,000 in 2024;

- the introduction of accelerated processing in November 2022, which has resulted in the number of applications from those designated safe countries dropping by 50 per cent since it was introduced;

- the further expansion of accelerated processing with the designation of two further countries as safe in early 2024;

- the inclusion of the country which has the highest number of applications in accelerated processing as of April 2024;

- the steps being taken to reduce the numbers arriving without documents, with a 34 per cent reduction recorded;

- the review of airline fines which is underway;

- that operations continue to run in Dublin airport with a view to swiftly identifying irregular arrivals into Ireland; and

- the introduction of visa controls in a number of additional countries with further countries under review; and

calls on the Government to:

- continue to cooperate with the European Commission and the European Council to ensure successful implementation of the EU Asylum and Migration Pact, once it is adopted;

- continue to work with the European Commission and the European Council, to develop and further develop the comprehensive approach to migration policy, which includes increased action in the external dimension alongside a more harmonised approach to internal aspects, in full compliance with EU principles and values, EU and international law, and with due respect for fundamental rights;

- contribute to the development and implementation of EU Action Plans for priority third countries across all migratory routes, to effectively address the root causes of migration;

- continue to engage with EU member states and EU institutions, to ensure coordinated engagement with countries of origin and transit, with a view to developing mutually beneficial partnerships to promote safe, regular and orderly migration;

- contribute to the development of greater situational awareness of migratory flows and trends both into and within the EU, as well as reception capacities in member states; and

- continue to engage constructively with the Government of the United Kingdom, to prevent abuse of the Common Travel Area.".

Before I say anything about the issue of international protection and the motion before the House, I point out that general migration plays an essential role in our society and economy. Without it, key roles in healthcare, hospitality, the tech sector, agriculture and, indeed, every sector of our economy would not be filled.

Moreover, our participation in the European Union has been vital to our success as a country. Our economy thrives because we are able to attract investment from throughout the world. We attract that investment because we have a highly educated and dynamic workforce. We attract it because, for our tech sector, our pharmaceuticals and our beef and dairy produce, we have direct and unhindered access to the EU Single Market. Being at the heart of the European Union has driven the growth in Ireland's economy and seen Ireland move to the top end of the international indices of economic and social well-being. Cutting ourselves off from the benefits of European Union membership makes no sense whatsoever.

Equally, as participation in Europe has been key to our success, so has our ability to meet the challenges presented by migration and asylum been strengthened by working together with our European partners. The European Union asylum and migration pact will establish a more coherent approach throughout the EU to migration, asylum, integration and border management that is fit for the 21st century. Following intensive negotiations over almost eight years, agreement has been reached on the asylum and migration pact. Ireland was involved throughout the negotiations on these measures, and the Government fully supports the outcome, which we believe will produce a fair, sustainable and efficient asylum procedure in full compliance with fundamental rights. The pact will enhance the common European asylum system, in which we already participate. It aims to make it a stronger and more cohesive and comprehensive solution to the challenges presented by migration. Its strength lies in its holistic, rather than selective, approach. It brings together policy in the areas of migration, asylum, integration and border management, recognising that the overall effectiveness depends on progress on all fronts. The word "common" does not mean "the same". Flexibility has been built into this pact for each country to address the issues in its own way as it sees fit. This common response also reflects the European Union's partnerships with third countries to address the root causes of irregular migration, combat migrant smuggling and support an effective returns policy and well-managed legal migration.

I will now give a brief overview of the pact's measures we intend to opt in to, as well as some related measures we will not be opting in to because they are Schengen measures. The screening regulation will apply where a person first enters the European Union irregularly. They will undergo a screening procedure involving an identity check, a security check, a health and vulnerability check, fingerprinting and registration on the Eurodac database. Following screening, the person will be directed to the relevant procedure, whether that is asylum or return. If the person moves to another member state, that member state will have access to the identity and security information. This is a Schengen measure, but Ireland will align with these provisions in national law insofar as possible.

The Eurodac regulation will be important for Ireland as a country that experiences high levels of secondary movement. Eurodac is an IT system that allows us to check whether someone has lodged an application for asylum in another EU country in order that they can be returned to that country to be processed. The new regulation will collect more information and enhance the sharing of information between EU countries on irregular arrivals. This includes fingerprinting and facial recognition technology. In essence, we are moving from an applications-based process that each country is carrying out in and of itself to a process, based on the applicant, that will apply throughout the European Union. This empowers Ireland rather than disenfranchises it.

The asylum procedures regulation provides for faster and fairer processing of asylum applications throughout the European Union. It provides for accelerated asylum and inadmissibility decisions to be taken in three and two months, respectively. The longest timeframe for a first-instance decision is six months for the ordinary procedure. This will mean people will spend less time in State-provided accommodation and, ultimately, unsuccessful applicants will be more likely to be returned to their country of origin. Appeals are provided for, as are safeguards in the form of vulnerability checks, legal assistance and interpretation. There are also greater safeguards for minors. In short, this regulation will ensure people get a quicker decision, whether positive or negative, on their claim.

The asylum qualification regulation provides for some small refinements to the criteria to qualify for asylum and subsidiary protection and the rights of persons who benefit from these statuses. Harmonisation reduces the incentive for applicants to move from one member state to another, which is positive for Ireland.

The return border procedure regulation is a Schengen measure, of which Ireland is not part. It requires member states to effect the return of those who were refused status under the border procedure within a prescribed period of 12 weeks. Nevertheless, it is proposed to provide for similar provisions in Irish law insofar as is possible.

The asylum and migration management regulation, AMMR, is aimed at dealing with the imbalance between responsibility and solidarity across the Union on migration and reducing secondary movement, that is, where a person moves from the country in which they first arrived to seek asylum in another. This type of movement accounts for a significant proportion of applications in Ireland at any given time. This will be done by replacing the current system for determining which member state is responsible for an asylum application, known as the Dublin III regulation. The AMMR will replace Dublin III, which is not operating efficiently or really to any effect. It will replace the current take-back request with a simpler take-back notification, which will reduce the administrative burden of the current system. This means that instead of requesting a state to take back somebody, we will simplify notify it that the person is being sent back and it will have to take them back, under these regulations. Ireland will directly benefit from a more effective system and process, allowing us to identify and return secondary movers to the correct member state responsible, freeing up our own system to assist those seeking international protection swiftly and efficiently.

To balance this responsibility, which will largely fall to so-called front-line member states such as Italy, Greece and Cyprus, the AMMR also introduces a mandatory solidarity mechanism to assist member states that are under migratory pressure or are at risk of coming under migratory pressure. It is important member states can support one another when there is a time of significant pressure. A solidarity pool will be established under the regulation, from which affected member states can draw, and all member states will contribute on a fair-share basis. Ireland’s fair share of the solidarity pool would be 2.16%, based on current figures, which would translate to 648 relocations per annum, or €12.96 million by way of a financial contribution.

To be clear, we will decide how we want to contribute based on our capacity at the time. This may take the form of relocations, a financial contribution, offsetting against cases not returned under take-back processes or a combination of these. If Ireland were to come under migratory pressure, we too would have access to the solidarity mechanism to assist us.

The reception conditions directive will further harmonise reception conditions among member states, such as accommodation, means of subsistence, access to the labour market and detention. Harmonising the rules on reception conditions will reduce the incentives for asylum seekers to move from one member state to another, which is important for Ireland.

The crisis and force majeure regulation provides for specific rules that can be applied in cases of migratory crisis and force majeure, which are defined in the regulation. Member states can employ certain measures to respond to an increase in applications as a result of crisis situations.

The resettlement regulation establishes a Union resettlement framework for the yearly resettlement of a certain number of third country nationals to member states. While member states are required to pledge the number of persons they will resettle each year, it is possible to make a pledge of zero. It is estimated the reduction in overall costs, including processing and accommodation, in comparison with the current system would be in the region of 25% to 30%. That is if we opt in. If we do not opt in, it is estimated the overall costs, including processing and accommodation, in comparison with the current system would be at least 20% greater than current costs.

I hope I have outlined the main benefits of opting in to the comprehensive suite of pact measures.

The Minister, Deputy McEntee, will address in more detail the issues raised during the debate, including sovereignty and the risks of going it alone. On the idea of going it alone, we do not have to guess what that would look like. The United Kingdom has gone down that route. It went down that rabbit hole for about 20 years and it eventually led it to Brexit. The British were going to take back control of their borders and go it alone. What happened? They got more migration than ever. Migration went up. Why? It was because other European Union countries have no particular interest in helping the United Kingdom. We are a Republic of 5.5 million people, while the UK has a population of 60 million. If we go it alone, what will be the incentive? We will become the release valve for migration problems in the European Union. That is what will happen. Anybody who is serious about controlling migration in this country should be in favour of this EU pact. People are being sold a pup by the Rural Independent Group.

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