Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I thank the Cathaoirleach. This is the first time I have appeared before this committee as Minister for Justice. I wish the Cathaoirleach and committee well in their work. I was a member of the justice committee from 2016 to 2020 and very briefly, for a couple of months, in 2024 and have always thought that the committee does excellent work and is very effective in what it is required to do on behalf of the Oireachtas. I wish the committee well in the future.

I have been invited in today to give the committee a briefing on a Council decision that was finalised on 17 March authorising the European Commission to open negotiations for a readmission agreement between the European Union and Kazakhstan. As members will be aware, for the purposes of Ireland opting in to measures such as this, because it is a justice issue and we have to opt in under Article 3, we must communicate that decision and there must be resolutions of the Houses of the Oireachtas within a period of three months. There is a certain element of urgency to this because that decision and those resolutions need to be made by both Houses of the Oireachtas by 17 June. I had indicated to the Cathaoirleach previously that it was my intention to bring those resolutions before the floor of the Dáil and Seanad because I am conscious of the pressure of work the committee is under and the tight timeline in terms of meeting the 17 June deadline. What I propose to do is read out the opening statement which will go on the record and give an overview to the committee in respect of the reason for the need to come before the Houses of the Oireachtas to get agreement on the opt-in.

I will provide some basic information about readmission agreements before I start. Readmission agreements between the EU and a third country permit either the European Union or the third country to return persons who are not entitled to be in those countries back to their countries. What we are talking about here is a readmission agreement between the European Union and Kazakhstan. Should this come into force and should it be that Ireland is party to it, then if individuals from Kazakhstan were in Ireland and had, for example, claimed international protection and had been refused, we would be in much stronger position to return those individuals from Ireland to Kazakhstan because there would be an agreement in place between the EU and Kazakhstan.

I would like to brief this committee on my plans to seek approval of both Houses of the Oireachtas to opt in to a European Council Decision authorising the opening of negotiations for a readmission agreement between the European Union and Kazakhstan. Readmission agreements play a valuable role in the fight against irregular migration by facilitating the admission to their own country of persons residing without authorisation in a member state. They facilitate and expedite the enforcement of return decisions in respect of irregular migrants and they also function as an incentive for countries of origin or transit to enhance their migration control. Effective co-operation on return and readmission is a key component of the EU's comprehensive, tailor-made and mutually beneficial partnerships with third countries. Ireland is currently party to 12 EU-level readmission agreements including with Hong Kong, the Macau Special Administrative Region of the People's Republic of China, the Republic of Albania, the Democratic Socialist Republic of Sri Lanka, the Russian Federation, Montenegro, Serbia , Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Republic of Moldova, the Islamic Republic of Pakistan and Georgia.

In order for any migration management system to function, it must have an effective and credible policy on return, including readmission. A call by the European Council in late 2024 for determined action at all levels to facilitate, increase and speed up returns from the European Union ultimately led to the recent publication by the European Commission of a proposal for a new regulation on returns. This proposal is closely linked to the broader pact on migration and asylum agreed in 2024, which seeks to create an integrated, sustainable and comprehensive EU migration policy that balances fairness and firmness.

Readmission is identified as a key part of the returns process in the Commission's recent proposal for a new returns regulation. Readmission agreements are also an important part of the external dimension of migration policy and are closely linked to the objectives of the migration and asylum pact, in particular in strengthening co-operation with third countries. Opting into this Council decision to open negotiations on a readmission agreement with Kazakhstan would clearly demonstrate Ireland's commitment to a common EU-wide solution to migration, a commitment that is already evidenced by our opting into the EU asylum and migration pact.

Bilateral relations between the EU and Kazakhstan are framed by the enhanced partnership and co-operation agreement, EPCA, which lays the foundation for enhanced co-operation in key policy areas, such as promoting mutual trade and investment, co-operation in justice and home affairs, economic and financial co-operation, energy, transport, environment and climate change, employment and social affairs, culture, education and research. The EPCA also provides for the possibility of negotiating an agreement on readmission in parallel with an agreement on visa facilitation.

Around 1,000 Kazakhstani nationals per year received an order to leave the EU between 2019 and 2023, although this number decreased during the Covid years. Member states have not reported major issues when returning those persons to Kazakhstan. Kazakhstan is not currently a major country of transit for irregular migration to the EU. However, this might change in the future, in part due to the instability in the region. The readmission agreement is expected to affirm that it will be applied in such a way as to ensure respect for human rights and the obligations and responsibilities of the EU, its member states and Kazakhstan under international law.

The agreement is also expected to contain language that ensures the EU and Kazakhstan will devote particular attention to ensuring the protection of the rights of persons after their readmission, in compliance with their obligations under international law. This proposal has a Title V legal basis in the area of freedom, security and justice under the treaty on the functioning of the European Union, which means that, unlike other EU member states, Ireland is not automatically bound by measures in this area. Instead, Ireland has the right to decide whether to opt in to such measures under Protocol No. 21 of the treaty. Opting into this proposal would be consistent with our declared commitment to participating in Title V measures wherever possible and a demonstration of our pledge to protect and promote EU values in the area of freedom, security and justice. Opting in at this stage before the decision has been adopted by the European Council will enable Ireland to opt in under Article 3 of Protocol No. 21, take a full part in the Council decision and vote on the negotiating mandate.

The three-month period for an opt-in under Article 3 expires on 17 June. If we were to opt in after the decision had been adopted under Article 4, we would not have a voice or vote on this proposal. I reiterate that this mandate relates simply to the opening of negotiations and does not entail any commitment by Ireland to any agreements that may be reached. Any agreement resulting from these negotiations would need to be subject to a separate opt-in procedure at that time once the details were known. I believe it is important for Ireland to opt into this initial Council decision so as to ensure our full participation in a negotiating mandate. Opting in would also demonstrate our solidarity with our EU partners and commitment to EU values, as well as Ireland's support for the EU's migration issues. I thank the Cathaoirleach.