Oireachtas Joint and Select Committees

Tuesday, 23 April 2024

Joint Oireachtas Committee on Justice, Defence and Equality

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

3:30 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

The Dublin III regulation does not work because we can request a country to take back people and the country can then deliberate as to whether or not it believes it is the first country of origin and can frustrate the system. Once it goes beyond the six months, it is impossible to return somebody. That is why it has not worked. There have been a small number but in recent years we have tried to focus on and put significant resources into it but it has not worked.

The new system will mean that we will be able to identify with the enhanced Eurodac system - again this is why all of the parts are so connected and work together - in a much quicker way the country from which people have first come, or received asylum. We would then issue a take-back notification and the country would then have to say, or make a case as to why, they should not be taking these people back. If the country does not respond, we are then able to send that person back. It is a much more efficient system and tilts it on its head. Instead of the other country having essentially the ability to frustrate the process, we would be able to use the system.

Separately, on the solidarity mechanism, which is in line with that, the figure which has been set initially is 30,000 right across the EU. That is where the 2.16%, or the 648 figure, for Ireland comes into it. If that 30,000 ceiling were to change, that would have to be agreed at a European Council meeting, and agreed by us working with our colleagues, where there has been a significant increase and particular pressures have been placed on certain member states. That number could increase but we would still have the option to say that we will pay because we do not have the accommodation.

Take now, for example, where we are under significant pressure when it comes to accommodation, we would have the option to say that we are paying that €12 million plus, instead of taking those numbers. Even if the numbers increase, there is no forcing a member state to take those numbers. There are always options for them and that is very clear.

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