Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Cathaoirleach and committee members for having me here today. I know that later my officials will brief the committee on their work at EU level on child sex abuse. I am very pleased to see the committee's interest. I will be engaging with the European Commissioner on this matter on Thursday. Ireland is very keen to play a leading and constructive role. I look forward to hearing the outcome of the committee's discussions with my colleagues.

What I am here for is relatively straightforward, though it is obviously a matter for the committee to give a view on. I am here to discuss the Government's proposal the State exercise its option to opt in to the EU regulation establishing a European Union agency for asylum. I thank the committee for its engagement on this matter. As I go through my note members will see this is very much a continuation of existing policy and previous policies taken regarding precursors to the establishment of this agency. As members will be well aware, Ireland and the UK at the time negotiated a protocol known as Protocol No. 21, which is annexed to the Lisbon Treaty. The effect of the protocol is Ireland is not automatically bound by EU measures in the areas of freedom, justice and security - this obviously includes asylum - unless it notifies the Council and the Commission it wishes to opt in. The State may opt in to a measure either within three months of its publication or at any time after it is adopted. Any decision to opt in is subject to the approval of both the Government and both Houses of the Oireachtas.

The regulation establishing a European Union agency for asylum was adopted on 15 December 2021 and came into effect from 19 January 2022. It repeals and replaces an earlier measure establishing the European Asylum Support Office that Ireland participated in fully. We have, therefore, already taken the policy decision to participate in the office that was a precursor to this agency. This regulation tries to build on the mandate of the European Asylum Support Office to turn it into a fully-fledged agency equipped with the necessary tools to improve the implementation of the common European asylum system across the Union. All other member states are automatically part of this agency, so were Ireland not to opt in we would be on our own. Opting in to this measure will bring us in line with those member states already participating. Some of the key functions of the agency are to enhance practical co-operation and information exchange on asylum processes across member states and to ensure greater convergence in the assessment of protection needs across the Union. The agency would have a monitoring role in this regard and will provide increased operational and technical assistance to member states that have asylum systems that are under pressures. There will be an obligation on member states to contribute to an asylum reserve pool of around 500 experts established under the regulation to assist the agency in providing this support to member states. It is anticipated Ireland would be expected to pledge in the region of five to ten people to this pool.

I hope committee members look favourably on the proposal to opt in and that the committee and indeed the Oireachtas see the benefits it will bring in the form of enhanced co-operation and information exchange with our European counterparts. From my attendance at meetings of the Justice and Home Affairs Council and my engagement with European counterparts, I can tell members that Europe is dealing with migration. We are a member of the Union, but this is a Europe-wide challenge and it simply seems logical and sensible that there be a pooling of information and expertise and an exchange. As I said, we have already been doing this and Ireland has been participating fully in a version of this, if I may call it that, through the European Asylum Support Office. This is Europe deciding to take the next step and establish a formal agency. It is a very good thing and it would be peculiar for Ireland to not be a part of it. I hope the committee shares that view.