Oireachtas Joint and Select Committees

Tuesday, 30 April 2024

Joint Oireachtas Committee on Justice, Defence and Equality

EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed)

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I thank all the organisations and acknowledge the importance of their work. It has always been challenging work and, in many ways, it has become more challenging. While we might not agree on every element of this proposal or any other policy, it is vital to have organisations speaking on behalf of asylum seekers and people who are vulnerable, who may not have the voices other people have.

My first question is almost the reverse of what Senator McDowell asked. He queried which of the seven provisions might be the least offensive. Which of the seven presents the greatest concern or risk in terms of arbitrary detention and so on? There was reference to the burden that Second and Third World countries carry in the context of asylum, and that is a fair point that should be recognised. From an Irish point of view, however, and the decisions that are made here, it is important for the resources that are available to be prioritised for those who are most in need and who are genuinely seeking protection. In the case of people who are travelling under that guise of seeking protection, it might, in some cases, be more appropriate to use the work visa system to ensure we will protect the resources for those who really are in need of protection.

A reasonable point was made about the 12-week period and it is worthy of consideration. We have had the other extreme in Ireland for a long time, whereby people have spent years and years without a decision, living in limbo and uncertainty. That is not good for either the system or the individual to have that level of uncertainty. If 12 weeks, in our guests' estimation, is not adequate, what is a reasonable timeframe? I know it is complex because there are the issues relating to trauma and so on that have been flagged.

It is undoubtedly the case that there are questions relating to human rights in a number of these provisions, which need to be recognised and taken into consideration. I note Mr. Henderson's surprise at the fact the seven proposals will be voted on as one. I am not asking for a comment on that from our guests but I think it is a flaw of the approach being taken by the Oireachtas. While they are part of a package, they are seven relatively different proposals that will have very different impacts. Some of them are interconnected, such as the AMMR and the Eurodac proposals, which would be difficult to divorce from each other, but a lot of the others are quite different propositions and people can have different views on them. It is similar to how we recently had two referendums, and while many people voted No-No and many voted Yes-Yes, many other people voted Yes-No or No-Yes. People are capable of distinguishing between propositions. I think it was an error of the Minister to adopt that all-or-nothing approach.

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