Mr. Enda O'Neill:

I thank the members of the committee for the invitation to address them on UNHCR’s views on the proposed motion concerning protocol 21 and Ireland’s opt-in to seven instruments of the EU pact on migration and asylum.

The current EU asylum system has not been implemented in a way which has managed asylum for member states or promptly delivered protection in practice for refugees. Dangerous practices, such as denial of access to territory, pushbacks and the non-implementation of fair and efficient procedures and solidarity, cannot continue if they undermine a well-functioning EU asylum system. The long-term lack of agreement has also led to a rise in externalisation proposals, shifting responsibility away from Europe and putting access to territory and asylum in the EU under threat. We hope the eventual adoption of the pact will stand in firm opposition to these proposals.

As population movements increase globally, addressing the challenges posed by forced displacement demands a coherent and effective strategy. We believe the pact has the potential, if implemented with sufficient safeguards, to ensure access to the territory and asylum in the EU for individuals seeking international protection while ensuring respect for human rights. Accordingly, UNHCR welcomes the agreement reached between member states and the Council and the European Parliament on the pact and its anticipated adoption in the coming weeks. However, legal reform is merely the first step. Our attention must now turn to the pact’s protection-sensitive implementation. Resources should be dedicated to establish fair and fast asylum procedures with the necessary procedural safeguards, including protection-sensitive and child-sensitive border procedures as well as adequate material reception conditions, in particular for vulnerable groups. We believe detention should be a last resort and we welcome the assurances provided by the Minister, Deputy McEntee, on this point at this committee last week. We also believe border procedures should not be applied to unaccompanied or separated children, including for cases of security or public order. The use of such procedures is also not suitable for victims of trauma or trafficking and persons with mental disabilities. These elements must form the cornerstones of the regional and national implementation plans.

A fair distribution of responsibility and solidarity is another vital cornerstone of the new pact. UNHCR welcomes that solidarity has been codified into law for the first time and has long called for a functioning solidarity mechanism with responsibility sharing across the union to support EU member states where most asylum seekers arrive. We welcome the mandatory but flexible solidarity contained in the pact and call on states to prioritise relocation as a solidarity measure over other options. We strongly discourage utilising financial solidarity to invest in deterrence measures.

UNHCR looks forward to working with the Government and Members of the Oireachtas to transform the pact’s commitment into concrete actions. I thank members for their attention and look forward to an exchange on these issues.