Mick Wallace (Wexford, Independent)
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32. To ask the Minister for Foreign Affairs and Trade his views on reports that at least 60 civilians have been shot in 2016 by Turkish soldiers while attempting to flee Syria via the Turkish border; if reports of this nature will have any impact on Ireland's approach to the European Union-Turkey refugee deal; and if he will make a statement on the matter. [19225/16]

Clare Daly (Dublin Fingal, Independent)
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Deputy Wallace thanks the Ceann Comhairle for facilitating my asking this question. He is on his way back from a funeral in England. This again relates to the EU-Turkey deal. I do not believe that it was ever a safe place for refugees or a good deal, but given the number of civilians who have been shot by the Turkish authorities attempting to flee Syria, does the Minister, Deputy Flanagan, not think that it is now time to rip up the deal and argue for a more humanitarian approach?

Charles Flanagan (Laois, Fine Gael)
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I am aware of recent reports by Human Rights Watch and Amnesty International, including testimony from migrants and witnesses that some Turkish border guards have used violence against Syrians. I learned with deep concern of the death of 11 refugees on the Turkish-Syrian border on 19 June. I am also aware that the Turkish Foreign Ministry has refuted allegations that the refugees were shot by border guards, saying that Turkish security forces "act fully within the legal framework". These reports are very worrying. While Turkey has a right to secure its border with Syria, all actions on the part of Turkey must be in line with international law, including international humanitarian law.

More broadly, the issue of human rights in Turkey has been raised by the Taoiseach at meetings of the European Council and continues to form an integral part of the country’s enlargement process, which we, along with our European partners, keep under close review. At the Foreign Affairs Council on 23 May, I reiterated Ireland’s concerns in respect of the rule of law, human rights and freedom of the media in Turkey and the need to hold Turkey to account to the core European values inherent in the accession process.

The core intention of the agreement which emerged from the March European Council was to break the business model of the people smugglers who are profiting from the suffering of the vulnerable. In particular, it aims to discourage the victims of people smugglers from risking their lives. The very significant decline in the number of people attempting to cross the Aegean Sea from Turkey to the Greek Islands since the agreement entered into force suggests that it is achieving its aims.

The need for the agreement to comply with EU and international law was a key concern for very many EU member states, including Ireland. The legal advice of the EU institutions and the Attorney General’s Office was that the terms of the agreement were not in breach of EU or International law.

The EU and Turkey continue to work together to address this crisis, and I take this opportunity to express my sympathy to the people of Turkey, and in particular to the families of those who were killed in the bombing at Istanbul airport on Tuesday 28 June. I signed a book of condolence at the embassy last week and conveyed our deep shock at this dreadful act to the ambassador.

Clare Daly (Dublin Fingal, Independent)
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The Minister is quite correct that the reports are incredibly worrying, but they are unsurprising. The fact that the Turkish regime has denied them or said it was doing everything in accordance with a plan is a bad sign rather than something to take comfort from. The EU is saying: "Tut tut, lads. We're really not too happy with what you are doing here." The problem, however, is that it sends a contradictory message when we continue to do business with them. It is a fact that refugees have been shot, along with arbitrary detention and deportation without due process. By continuing to deal with that, we are complicit in it, and not only in terms of the refugees themselves. It also gives a green light to the Turkish authorities to continue their poor treatment of the Kurdish population. The Minister will know that, according to the UN, Turkish security forces have shot civilians, destroyed infrastructure, carried out arbitrary arrests, and triggered a wave of displacement in their ongoing campaign against the Kurds. By continuing to do business with them, we are giving a green light for that to continue.

Charles Flanagan (Laois, Fine Gael)
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As I said earlier, and I think Deputy Daly may have been present, the EU and Turkey have been working together for many months to address what is a hugely challenging migrant crisis. Turkey is hosting an estimated 2.7 million refugees, which is an enormous number for any country. The EU is committed to assisting Turkey and has established a €3 billion facility for refugees there. This facility aims to support Syrians and other refugees by providing access to food, shelter, education and health care. As part of the deal, the EU has also agreed to take from Turkey, on a one-for-one basis, a Syrian refugee for each irregular migrant returned there from the EU.

I acknowledge the fact that there are issues and problems. Instances have taken place recently that are a matter of huge concern and I share that concern. I ask the Deputy to consider that the agreement entered into and the manner in which this process is under way are not the actions of an institution intent on outsourcing its problems.

Clare Daly (Dublin Fingal, Independent)
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The Minister's fantasy account of support, food and shelter being grand is belied by circumstances which have been highlighted by media outlets that are not the most radical, such asDer Spiegel. They have reported stories about Syrians being brought to Turkey from Greece and taken directly to detention centres. We know that these centres are largely off limits to journalists, aid organisations and lawyers. One MEP who managed to visit one reported that detainees are only permitted to leave their cells for a few minutes every day.

The Turkish regime is brutally undemocratic and vicious. Its treatment of the Kurdish population is reprehensible, not to mind its treatment of refugees. That is an established fact and many of the international organisations which deal with refugees are saying so. The Minister has not done enough to highlight this matter in dealings with his European counterparts.

Charles Flanagan (Laois, Fine Gael)
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Under the agreement between the EU and Turkey, each migrant has the right to apply for international protection in Greece, to have his or her application assessed on an individual basis in line with international law, including the right to appeal. Part of the assessment of persons process includes ascertaining whether Turkey can be considered a safe country, given an irregular migrant or asylum seeker's individual circumstances. Turkey has provided a series of formal guarantees as part of the EU-Turkey agreement, including that Syrian refugees returned to Turkey will be granted temporary protection upon return. Non-Syrians in need of international protection who are returned to Turkey will also be able to apply for and receive protection there. On 4 May, the European Commission reported that Turkey has received all those returned from Greece in accordance with the agreement.

I share the concern as evidenced by the Deputy and I wish to assure her that we will continue to monitor the situation. Ireland is one of a number of countries that continues to provide humanitarian aid to the region, which is obviously a priority in terms of the treatment of refugees, asylum seekers and other displaced persons.