Colm Brophy (Dublin South West, Fine Gael)

I move:

That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Recommendation for a Council Decision authorising the opening of negotiations on an agreement between the European Union and the Republic of Kazakhstan on readmission, a copy of which was circulated to each member of Dáil Éireann on 29th May, 2025.

This motion seeks Dáil Éireann’s approval to opt into 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 may 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.

The annexe to the draft Council decision has been deemed restricted by the European Commission. The annexe contains information of a particularly sensitive nature given that it relates to a negotiating mandate with a third country. As a consequence, hard copies of the draft Council decision itself have been made physically available to the Members of the Houses for the purpose of debating the motion. The Attorney General’s office has confirmed that this method of circulation meets the requirements of Article 29.4.7° of the Constitution. It should be noted that once a readmission agreement has been concluded with Kazakhstan, Ireland’s participation in that agreement will be subject to a separate opt-in process under Protocol 21. At that point, the text of the full agreement will be made available to Members before seeking approval to participate. What we are seeking to do at this moment is simply to participate in the adoption of a negotiating mandate and ensure Ireland has a seat at the table during the negotiation of the agreement itself.

Ireland is currently party to 12 EU-level readmission agreements including with Hong Kong, the Macao Special Administrative Region of the People’s Republic of China, the Republic of Albania, Sri Lanka, the Russian Federation, the Republic of Montenegro, the Republic of Serbia, Bosnia and Herzegovina, the Republic of North 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 EU Commission of a proposal for a new regulation on returns. This proposal is part of 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 an external dimension of migration policy and are closely linked to the objectives of the migration and asylum pact, particularly 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. The bilateral relations between the EU and Kazakhstan are framed by an enhanced partnership and co-operation agreement, 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 provides for the possibility of negotiating an agreement on readmission in parallel with an agreement on visa facilitation. Approximately 1,000 Kazakhstan nationals per year received an order to leave the EU between 2019 and 2023 although this number decreased during the Covid-19 pandemic, and 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 instability in the region.

The readmission agreement is expected to reaffirm that it will be applied in such a way as to ensure respect for both human rights and for 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 that the EU and Kazakhstan will devote particular attention to ensuring the protection of the rights of the person after their readmission in compliance with their obligations under international law.

This proposal has Title V legal status 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 into such measures under Protocol 21 to 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, would enable Ireland to opt in under Article 3 of Protocol 21 and 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 of the Protocol expires on 17 June. If we were to opt in after the decision has been adopted, under Article 4 of the Protocol we would not have a 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 agreement that may be reached. Any agreement resulting from these negotiations would need to be subject to a separate opt-in procedure at the 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 any negotiating mandate. Opting in would also demonstrate our solidarity with our EU partners and our commitment to EU values, as well as Ireland’s support for EU migration issues.

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