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Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: I accept that is the Department's intention. However, as I understand it, from both ECHR law and the court decisions until now by the Supreme Court in England, the use of Rwanda is considered unlawful under international law. I am asking a very simple question. I wonder is a lot of this academic, because people will actually be able to say to the Irish courts that what Ms Justice Phelan...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: We were told that 80% of asylum seekers were coming from the UK. I am just wondering if we are talking about something that is going to come unstuck, because 80% of asylum seekers will be able to object to being sent back to the UK as long as the Rwanda law remains in place.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: I will leave it at that, Chair.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: On a point of order, I understand that we will be finishing at 7 p.m. and will say that we have considered the report.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: There was discussion about us sending a letter in addition to that. Could that be deferred until the members of the committee can absorb what they have heard today? As I understand it, the letter is not official.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: I am under pressure timewise.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: Yes. I am just trying to work out where we are going.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: My problem is that many members of the committee are not here now and will not be here at 7 p.m.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: I know.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: No. I-----

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: The Senator will need to be deported.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (23 Apr 2024)

Michael McDowell: I will ask the Minister first about persons coming to Ireland who will be affected by the border procedure. If somebody comes to Ireland as a transit passenger through, say, Paris, is ours the first country that has to deal with him or her under EU law, and will the border procedure apply to him or her? Second, if somebody comes in here from, say, the United Kingdom at an unspecified time...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (23 Apr 2024)

Michael McDowell: Is that the case for a transit passenger? If I am coming from, say, Albania and my plan is to go to Ireland and I go via Paris Charles de Gaulle Airport, does it apply to me?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (23 Apr 2024)

Michael McDowell: I am just trying to get to the practicalities of this. If somebody arrives at Dublin Airport, with or without documents, and says they are an Albanian, say, looking for asylum in Ireland, do any of these border procedures have any application to them if they have arrived on a flight from Paris, Berlin, London or wherever?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (23 Apr 2024)

Michael McDowell: Am I to take it that a transit passenger in Paris, say, goes through Schengen procedures before getting on a flight to Dublin?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (23 Apr 2024)

Michael McDowell: Nobody will get to Ireland via those airports unless he or she has gone through a Schengen screening. Is that it?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (23 Apr 2024)

Michael McDowell: I will ask the Minister about the regulations. We discussed this earlier in private session. Do any of them have direct effect?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (23 Apr 2024)

Michael McDowell: Do any of the suite of six regulations have direct effect that does not require primary legislation?

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