Mr. Enda O'Neill:

This initiative by Italy is under the safe third country concept. This is relatively new and is under the existing laws. It really goes back to the discussion we had earlier about externalisation. The UK is trying to do something with Rwanda. In Italy's case, it entered into an agreement with Albania which is a little bit different. It would involve disembarkation in Albania. I do not think it has yet taken effect or that people have been transferred there. There are probably questions around it to be answered regarding its compatibility with current EU law. Returning people to the UK is under the safe third country concept, under current EU law. It all has a similar pattern but it will depend on the individual's circumstances. In response to Senator Ruane's question earlier, I mentioned that under the current law and under the proposed pact, it would require a person to have a connection to that country, rather than just be transiting through. If an application is deemed inadmissible and the person is to be returned to this third country, a number of criteria have to be met. These include that the person would be able to access protection in that country and that they would have a meaningful connection with it. The specific example given with Italy is a novel proposition because the Italians say that Italian law will apply with Italian officials operating in that country. We need to learn more about this scheme and it will potentially be tested as well.