Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I thank the committee for the opportunity to lay out what is an exercise in diplomacy in terms of ensuring that we are not only active, good members of the EU but that we are perceived to be so as well. On behalf of my colleague, the Minister for Justice and Equality and Defence, Deputy Shatter, I thank the committee for making time today to discuss the motions concerning the proposed exercise of Ireland's option to participate in a total of 11 European readmission agreements. These agreements are with the Governments of Macao, Sri Lanka, Albania, Russia, the Former Yugoslav Republic of Macedonia, Bosnia, Montenegro, Serbia, Moldova, Pakistan and Georgia.

Ireland has always been broadly supportive of common action at a European level with regard to immigration. In particular, we have supported the European pact on asylum and migration and the Stockholm programme, together with the many Council conclusions building towards a common position on immigration-related issues, including return and readmission. Clearly, for geographical and other reasons, some EU-level measures are of more relevance to Ireland than others.

In the area of freedom, justice and security, including immigration, Ireland is not automatically bound by the various EU measures that are in force. This is by virtue of the Protocol to the Treaty on the European Union and the Treaty on the Functioning of the European Union on the special position of the United Kingdom and Ireland. It is a matter of determining on a case by case basis the measures in which it is in Ireland’s interest to participate. In the field of immigration and asylum we must of course have regard in any decision to the potential impact on the common travel area with the UK. It is, however, the stated intention of the Government to participate in European-related measures to the fullest extent possible. The motions being discussed today provide an opportunity to demonstrate our commitment to European solidarity and to participate as fully as possible in EU instruments. It is also timely that during our Presidency we can, if the Oireachtas so agrees, exercise our option under the protocol in a positive manner in respect of a significant number of individual measures.

The removal of illegally staying third country nationals from the territory of the European Union has been a pressing political priority for a number of years. Readmission agreements are an important aspect of dealing with illegal migration and are one of the oldest instruments employed by member states in this regard. The first such agreements date back to the 1950s and 1960s. Competence in the area of migration was conferred on the European Community under the 1997 treaty. During the lead-in to European enlargement it became increasingly obvious that irregular migration and organised crime could not be prevented through stricter visa regulations alone. A new policy on readmission emerged and moved to the centre of the European Union’s strategy to tackle illegal migration. This was reflected in the first multi-annual programme in the area of freedom, justice and security, the Tampere programme. The Council established a mandate and approval procedure for the negotiation of readmission agreements with third countries on a case-by-case basis. Candidate counties were identified on the basis of country action plans drawn up by the high-level working group on asylum and migration. The Council then gave the Commission a mandate to invite the third country concerned to negotiate a readmission agreement and, following successful negotiations, these agreements could be adopted under Title IV, now Title V, and the international agreement provisions of the treaties.

Several rounds of negotiating mandates were agreed by the Council, identifying 20 third countries altogether. To date, Ireland has not participated in any of these agreements, with the exception of the agreement with Hong Kong. The first mandates were for negotiations with Russia, Sri Lanka, Morocco and Pakistan in 2000, all of which have since been concluded. The next round was in 2001 with Macao and Hong Kong, and these negotiations have also been concluded. In 2002 mandates were agreed for negotiations with Albania, Ukraine, Algeria, China and Turkey, of which the agreements with Albania and Ukraine have been concluded. In 2006 mandates were adopted for negotiations with Bosnia, Macedonia, Moldova, Montenegro and Serbia, all of which have since been adopted. In 2008 a negotiating mandate was adopted for Georgia and the agreement has since been concluded. In 2009 a negotiating mandate with Cape Verde was agreed and has yet to be concluded. In 2011 negotiating mandates with Armenia and Azerbaijan were agreed, which are also yet to be concluded. This brings to 20 the number of countries for which the Commission has been given a mandate to negotiate readmission agreements. Of the 20 negotiating mandates, 13 agreements have been concluded and are now in force.

More recently, in an effort to reinvigorate readmission policy, Council conclusions were adopted on defining the European strategy on readmission in June 2011. These conclusions recommended that future agreements should focus on those countries causing the greatest migratory pressures to the EU and geographical priorities should shift towards the main countries of origin, which should be identified on a regular basis. Following on from these conclusions, the action plan on migratory pressure, which was adopted in April 2012, has a specific strategic priority focused on strengthening co-operation with third countries. Among other things, this will include the identification of new candidate countries for readmission agreements, examining EU and member states' relations with candidate countries, determining the content of proportionate and tailor-made incentives for each candidate country and clarifying certain standard features of agreements, such as accelerated procedures, transit operations and the obligation to admit third country nationals.

While 11 separate agreements are under consideration today, I do not propose to describe them individually as they are all very similar in character. In general terms, however, readmission agreements concern reciprocal procedures agreed for the return of persons who do not have authority to reside on the territory of one party to the territory of the other party. European readmission agreements will commonly contain provisions relating to the obligation on the third country or the Community to readmit persons to its territory, arrangements for the transit of persons being returned elsewhere through its territory, standards of proof of the nationality of the returnee, special provisions on data protection, time limits for responding to requests for the provision of travel documents and special provisions on responsibility for bearing the cost of returns. What usually marks European readmission agreements as different to bilateral agreements negotiated by individual member states is the obligation on receiving states to admit third country nationals. The European Union has been particularly active in promoting the third country national clause as a new norm in international law following the very limited success member states have enjoyed in imposing such an obligation bilaterally with third countries. It is the usual practice for the EU to negotiate readmission agreements at the same time as negotiating visa facilitation measures, particularly with western Balkan countries. This is generally considered the quid pro quofor agreeing to readmission. However, since the visa facilitation measures relate only to the Schengen zone, they have no bearing on Ireland whatsoever.

What is being sought today is approval of motions for Ireland to exercise the discretion in the protocol to the treaties to opt to participate in European readmission agreements with the Governments of Macao, Sri Lanka, Albania, Russia, Former Yugoslav Republic of Macedonia, Bosnia, Montenegro, Serbia, Moldova, Pakistan and Georgia. It is important to see Ireland’s participation in these agreements in their wider context. Ireland already has a strong reputation for effective return operations and we have generally received good co-operation from the countries to which we have returned persons in the past. We have also led several joint operations organised by the European external border agency, FRONTEX, and have actively participated in many others in recent years. This has all been achieved without access to formal readmission agreements with any of the third countries concerned.

Opting in to these agreements will not have a transformative effect on Irish immigration policy or operations. Many of the countries involved have limited numbers of citizens in Ireland and fewer still in an illegal situation. It is, however, an important signal of solidarity with our European partners. On behalf of the Minister I hope the joint committee can support the exercise of Ireland’s option to participate in these readmission agreements.