Oireachtas Joint and Select Committees
Tuesday, 30 April 2024
Joint Oireachtas Committee on Justice, Defence and Equality
EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed)
Mr. Nick Henderson:
Unlike the experience of the UK, which left the European Union entirely, it is theoretically possible that Ireland could still operate its asylum legislation in a way that would be consistent with European Union law and not be part of the pact. Presumably, it could be negotiated. It would still have some access, or full access to, the devices that are currently in existence including, the Dublin regulation. From our perspective, we have to look at this through the lens of our mission, which is to advocate for people seeking protection. The widespread view of more than 160 organisations throughout Europe and the European Council on Refugees and Exiles, ECRE, of which we are member, is that this pact represents a downward slide in procedural rights for refugees and for people seeking protection. I do not think it is binary. While it would possibly be awkward, it would still be possible for Ireland to exist within the wider orbit of European Union asylum law, if not within the immediate orbit of its asylum law, if that makes sense.