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Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Absolutely, but it shows the committee the reason we need a readmission agreement. If we had 100 deportation orders for Kazakhstan, we would have to ring up Kazakhstan to ask if it would take these people back. If we have an agreement in place, we can send people back to Kazakhstan. I know it is only one case and is not generally indicative but it makes the point that if we want to try to...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I am not absolutely sure but my understanding is that when it comes to return or readmission agreements, it will be citizens of Kazakhstan who will be covered by that.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Yes. Why would Kazakhstan take back people who are not Kazakhstani citizens? It will only take back people for whom it has responsibility. There are issues with safe third countries and third country nationals being sent back to other member states. That is done under the Dublin III regulation, which is pretty ineffective. That is why there is a new returns directive coming in that we...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: It is my understanding that it is just citizens of Kazakhstan. I can tell the Deputy why this is the first time for. For the other 12 readmission agreements, we did the Article 4 opt-in after those agreements had been finalised.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: This is different because we are doing it under Article 3 and will be part of it.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: The advantage of being part of the negotiations is that we will be able to assess and appraise that during the discussion with Kazakhstan. In the discussions, I have no doubt the Commission will be asking if the human rights protections in Kazakhstan are sufficient. We will have a say and involvement in that. That will be a factor that will be taken into account. As I said previously,...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Yes, that is correct.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: The Cathaoirleach knows the point that there are separate options for the agreement itself.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Regarding the qualified majority voting, that ship has sailed not just in respect of this. That happens in many of our engagements in the European Union.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: The Oireachtas will vote on it.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: If we opted in to the negotiations and we were happy with the outcome, of course, then we would go along with it when it comes to be opted in here. The Cathaoirleach is talking about a scenario where if we decide to opt in to the negotiations, we vote against it and we are not happy with it.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: We will consider it when we look to see what is in the agreement. In a way, we are trying to look ahead to see what will be in the agreement that we want to play a part in negotiating.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I want to ensure that a readmission agreement that is agreed between the European Commission and Kazakhstan sets out an effective procedure. Let us just leave aside the question of which country it is. Such an effective procedure should apply in the limited number of circumstances where a person must be returned to that receiving country. I am talking about things such as if we need to...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I will come back to the Cathaoirleach. As for what is in it for Kazakhstan, I am not here to speak on behalf of Kazakhstan, as the Cathaoirleach knows. Kazakhstan may want to become an accession country to the EU and may want to advance its own interests, and reaching an agreement with the European Commission in respect of readmissions will, no doubt, be of assistance to Kazakhstan. It...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: That is a Schengen visa agreement and we will not be part of that.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: We could opt in to it.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I am not saying anything. It has not come before me yet. I will give it consideration. I will be back before the committee-----

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Mr. Munro tells me we could not opt in to a Schengen visa agreement, but we could replicate it and mirror it with our own agreement with Kazakhstan.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Not at present, but who knows what the future holds?

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I wish to make the Cathaoirleach aware that we did not opt in to the readmission agreement between the European Commission and Belarus; we are not party to that. Regarding EU funding for Kazakhstan, I do not know what might happen in respect of the future with Kazakhstan.

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