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

Helen McEntee: No. Once we opt in, we are opting in to the measure. We would be speaking about something much more significant for us to pull out of measures or potentially to pull out of the EU. We are opting in. We have passed legislation which means we are legally bound. If changes are to take place, we would negotiate and work through those changes with our colleagues. With regard to the UK, it is...

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

Helen McEntee: If we opt in, we are opting in to these measures. It is the case at European level that any measures or laws that are passed are continuously reviewed. A new asylum agency has been established, which we opted in to last year. One of the benefits of the agency is that we are pooling together our resources to look at migratory flows, the challenges and issues that arise, what works and what...

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

Helen McEntee: That shows the inefficiency of the Dublin III system-----

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

Helen McEntee: We can only issue a take-back request. It is then for those countries-----

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

Helen McEntee: Again, it is my understanding that it was not within the timeframe. I have not seen the details of the cases but if it is not within that timeframe, even if-----

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

Helen McEntee: If the other country frustrates-----

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

Helen McEntee: If Deputy McNamara can show me they were accepted within the six-month timeframe-----

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

Helen McEntee: If Deputy McNamara can show that to me-----

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

Helen McEntee: I cannot-----

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

Helen McEntee: I cannot speak for other countries and I do not know the overall figures they received. As a much larger country with a much greater influx of people seeking-----

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

Helen McEntee: -----protection, there is obviously a much greater number of people that Germany may be able to return. One of the biggest challenges we have faced is getting acceptance within the six-month period.

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

Helen McEntee: We did have a situation last year whereby Greece and Italy stopped accepting some of the returns.

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

Helen McEntee: They did not take them after accepting them.

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

Helen McEntee: The Department has done outstanding work in recent years.

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

Helen McEntee: I can do so.

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

Helen McEntee: As I outlined in response to an earlier question, while we cannot opt in to the return border procedure because we are not part of Schengen, the intention is that we will still apply the 12-week rule in terms of the returns procedure. It would be for us to develop the legislation.

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

Helen McEntee: I propose that we vote on them collectively-----

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

Helen McEntee: -----because they have been negotiated together and they are all very much interconnected.

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

Helen McEntee: When we signed up to the Lisbon treaty we made a declaration that we would participate to the maximum extent possible. There is a duty of sincere co-operation. It would be more than unusual if, having negotiated all seven of these measures, we were not proposing them collectively as a whole-of-government, whole-of-EU response to what is one of the biggest challenges that we face. If anybody...

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

Helen McEntee: There are two separate items in the same measure. The take-back notification is separate to the solidarity mechanism. The solidarity mechanism will be if you have a massive influx of people and where the EU will then identify, based on GDP and our population, what percentage we could potentially take. Again, we have the option to pay money instead. That will not change and it will not be...

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