Enda Kenny (Mayo, Fine Gael) | Oireachtas source

These were all discussed at committee on 20 February in some considerable detail. Since competence was conferred on the EU in this area the European Council issued a mandate to the Commission for the negotiation of 20 separate EU readmission agreements of which 13 are now in force. The Council is actively identifying new candidates in accordance with the action plan on migratory pressures as they are called. The legal base for EU readmission agreements falls within title V of the TFEU and as such comes within the scope of the 21st protocol on the special position of Ireland and the UK. This allows Ireland to choose on a case-by-case basis which initiatives in the freedom, justice and security pillar it may wish to participate in. Ireland opted to participate in the EU readmission agreement with Hong Kong in March 2004. It is now proposed that Ireland should similarly opt into the agreements I have read out - Sri Lanka, Russia, Pakistan, Macau, Albania, Bosnia-Herzegovina, Macedonia, Montenegro, Moldova, Serbia and Georgia.

EU readmission agreements established enhanced procedures for the identification and repatriation of persons who do not or no longer fulfil the conditions for entry, residence or presence in the requesting state. They will contain provisions relating to the obligation on the third country and the community to readmit persons to their territory, including their own nationals and in certain circumstances, third country nationals or stateless persons. They will also commonly include provisions relating to the following - common accepted definitions, arrangements for transit operations through their territory, recovery of costs, data protection, no effect on international rights and obligations, standards of proof, time limits for dealing with requests, territorial application, entry into force and duration and termination. Such agreements are generally conducted in tandem with visa facilitation agreements. However, since these relate to the Schengen zone they do not impact on this country.

By opting to participate in these agreements Ireland will benefit from enhanced procedures for the readmission and the return of irregular migrants, a closer alignment of our national policies with the EU and consequently the UK which is already participating in these agreements and using the opportunity to send a positive signal as regards the value for Ireland of participating in these measures during the Irish Presidency of the European Council. They are the conditions that apply and it is in our interest that we participate.

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