Written answers

Tuesday, 30 January 2024

Department of Justice and Equality

Immigration Policy

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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396. To ask the Tánaiste and Minister for Justice and Equality the reason Ireland has not opted out of EU immigration policies, considering that under Article 29.4.7 of the Irish Constitution, Ireland can legally opt out of such policies under Protocol 19 of the Lisbon Treaty; and if she will make a statement on the matter. [3748/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.

On the issue of participation in EU measures, Ireland made a declaration when the Lisbon Treaty entered into force stating its firm intention to take part in the adoption of measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union (measures in the area of freedom, security and justice) to the maximum extent it deems possible. A similar commitment was made in relation to the Treaty of Amsterdam.

In addition to those formal commitments under the treaties, Ireland has opted in to measures in the migration area in recognition that the challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in an increasingly globalised and interdependent world. Working with our fellow Member States allows us the opportunity to operate in a more coherent and effective manner in managing asylum and migration.

The decision to opt-in to any particular EU measure is considered by the relevant Department and brought for a formal Government decision of approval following all necessary consultations with other Government Departments and the Attorney General’s Office. In order to formally opt-in to any measure under Title V of Part Three of the TFEU, the Government must first, in accordance with Article 29.4.7, obtain the prior approval of both Houses of the Oireachtas, which it does in all such instances.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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397. To ask the Tánaiste and Minister for Justice and Equality to provide details on each EU immigration policy that Ireland has opted into, including the dates when the Government decided to opt in or out and when the measure was passed by both Houses of the Oireachtas; and if she will make a statement on the matter. [3749/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The information requested is currently being compiled and I will write to the Deputy directly once the information is to hand.

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