Dáil debates

Thursday, 10 December 2009

Priority Questions

International Agreements.

4:00 pm

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 5: To ask the Minister for Justice, Equality and Law Reform his views on whether the principles enshrined in the Schengen Agreement should apply here; his further views on whether the 32 county common travel area arrangement is not as comprehensive an instrument for free movement as the Schengen Agreement; if he will engage with the British Home Secretary and the Stormont Executive regarding this subject; and if he will make a statement on the matter. [46447/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Schengen Convention is an agreement among European states which allows for the abolition of systematic border controls between participating states. It also includes provisions for the development of enhanced co-operation in respect of law enforcement matters and judicial co-operation. There are currently 25 fully participating states comprising all EU member states, with the exception of Ireland, the United Kingdom, Cyprus, Romania and Bulgaria, and three non-EU states, namely, Iceland, Norway and Switzerland. Romania and Bulgaria aim to implement the agreement in 2011. Border posts have been removed between Schengen area states and a common Schengen visa allows tourist or visitor access to the area.

The Schengen Agreement was incorporated into the framework of the European Union under the Treaty of Amsterdam. The relevant protocol recognised that Ireland and the United Kingdom are not parties to the Schengen Agreement and made provision to allow those member states to accept some or all of its provisions at any time.

Ireland successfully applied to take part in certain elements of the Schengen Agreement. The activities in which Ireland applied to participate include police co-operation, mutual assistance in criminal matters, extradition and drugs co-operation. Ireland also applied to participate in related aspects of the Schengen information system, a European search database which assists member states' authorities in carrying out border checks and police and customs checks.

Ireland's application to participate in these specified articles of the agreement was approved by Council decision in 2002. In accordance with this decision, these provisions will come into effect only after a range of technical and legislative measures have been put in place and successfully evaluated by the Council. The measures which will enable Ireland to meet its Schengen requirements are currently being progressed.

Ireland has not, however, applied to participate in the Schengen arrangements to the extent that they deal with the abolition of border checks. This decision has been taken to maintain the common travel area, CTA, with the United Kingdom which remains a priority for Ireland. The operation of the CTA facilitates nationals of the United Kingdom of Great Britain and Northern Ireland and Irish nationals moving around freely within it. Nationals of the European Union, as well as those of Iceland, Norway, Liechtenstein and Switzerland, enjoy extensive free movement rights as a matter of EU law. The operation of the CTA does not interfere with these rights.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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While I welcome certain aspects of collaboration under the framework of the Schengen Agreement and the common travel area agreed in 1987, things have changed in the past 22 years. I wish to focus on tourism. A tourist from China or India can apply for a multiple visa costing €50 within the 25 countries zone. We are putting ourselves at a considerable disadvantage, particularly in respect of all-island tourism. We aspire to targeting the Chinese and Indian markets but we must facilitate some form of harmonisation. Will the Minister consider some mechanism to facilitate all-island tourism for those from outside the European Union?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Any Government would wish to bring as many tourists as possible to the island. We are not part of the Schengen Agreement, mainly because the UK is not part of it. If Ireland were to be party to the Schengen Agreement without the UK, this would mean border controls in the constituencies of Deputy McHugh and myself. He would not want us to have this because it would do away with free movement North and South as a result of the Single European Act, EU legislation and the reduction in violence on the island.

Regarding those coming from countries outside the countries nominated in the various items of legislation, the Immigration Act 2004 contains an order in respect of visas for 2009, setting out the classes of people required to obtain an entry visa. Those coming in from states outside the EU and the EEA are required to hold visas, as is required for most countries in the world. I do not see how we can change this because we are similar to most other countries. We must be conscious of what is happening across the water with our neighbouring island.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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The thrust of my argument is to examine facilitation. I appreciate that we do not seek to interfere with the common travel area but the common travel area should not be the sacrificial lamb to get more movement to attract tourism. A tourist from outside the EU arriving in Belfast for an all-island tourism experience and travelling by train to Dublin via the Minister's constituency must apply for two visas. We should examine this difficulty. I ask the Minister to engage with his neighbours across the water and examine harmonisation for tourism.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have not been made aware that there are difficulties in this respect. I would hazard a guess that the Deputy should take this matter up with the Minister for Arts, Sport and Tourism. If there is anything we can do to facilitate more tourism, we will do so. We cannot allow our immigration and visa regime to be diluted as a result of changes made with the valid reason of bringing in tourists. We have found that people come to Ireland mar dhea for education and when gardaí visit the educational establishment there is no one there. That has happened in a number of instances. Any easing of the visa regime must be done strictly. It is for the Minister for Arts, Sport and Tourism to take up with my Department.