Results 41-60 of 11,546 for speaker:Helen McEntee

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

Helen McEntee: All of it will be done through primary 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: If this is to be voted through, then, for the next two years there will be full engagement on the legislation. We will have to go through the normal process in developing that legislation and there will be full and significant engagement with the committee and with both Houses as well.

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

Helen McEntee: Why would we not opt into the pact? That is my question here. We have seen-----

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 suggestion there is that we would not opt in but would try to replicate what other countries are doing by not opting in but where we are still bound by the previous opt-ins. When it comes to the Dublin III regulation, if we do not opt into the new system of returns, we are still bound by the Dublin III regulation which is a less efficient system. If we do not opt in to faster...

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

Helen McEntee: On the faster processing, in particular, if we do not opt in, we would not have access to significant funds. Funding is available specifically through the agency which, again, we opted in to joining just last year. That could amount to tens of millions of euro by the time it is divided up. Again, to my earlier point, €34 million in the last year or so allowed us to increase our...

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 Dublin III regulation does not work because we can request a country to take back people and the country can then deliberate as to whether or not it believes it is the first country of origin and can frustrate the system. Once it goes beyond the six months, it is impossible to return somebody. That is why it has not worked. There have been a small number but in recent years we have...

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 was absolutely no pressure here. We have been part and parcel of negotiating this. All seven measures benefit Ireland, so there is no reason we would not. We have the opt-in option, the decision was taken and it benefits us.

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

Helen McEntee: Any amendment I would bring to Cabinet would go to the Attorney General's office and no issues have been raised. Also, this has been in the public domain since 2016 and at no stage has any legal issue been raised.

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 do not share legal advice. There is nothing I would bring to Cabinet in regard to legislation or a proposal that would not be constitutional. The Attorney General would raise concerns if anything was being brought forward that was unconstitutional. There is nothing unconstitutional-----

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

Helen McEntee: It was received from my own legal teams but also from the Attorney General, which is the main source of legal advice for the Department.

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 cannot share the Attorney General's advice but in terms of my own legal teams who work to draft the legislation, there is nothing at issue. If it is the case that somebody can tell me or if it can be presented how these measures would in any way impede our constitutional rights or our sovereignty, that is not a problem, but again, this has not been raised nor has it been flagged as an issue.

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

Helen McEntee: It is always the case that in any legislation there are potential challenges. In my tenure as Minister, I have amended laws on a number of occasions based on High Court rulings where the court has identified that there are issues. As we develop the legislation, there is nothing being highlighted as a significant concern. As I said, all the measures benefit Ireland. We are trying to...

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.

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

Helen McEntee: In drafting legislation, if something appears to be unconstitutional or raises a red flag, it will be raised with us by my team, by the Department's team, and by the Attorney General. Nothing has been raised or flagged and we engaged with the Attorney General in developing this.

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, there is not but we are updating measures which we are already party to. We have opted in to a number of these measures in the previous format. Again, the Dublin III regulation and the new take-back regulation here is just an updated version of it. If we were not to be a member or not to join up to that particular measure, we are still bound by the Dublin III regulation, which is less...

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 think we are risking a huge amount by not signing up to any of them, or by signing up to some of them. These work as a package, and again there is nothing that does not benefit Ireland in this. There are targets that must be reached with regard to the accelerated procedures, whether it is the border, the inadmissibility, or the ordinary procedure of six months. Where we are under...

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

Helen McEntee: Every state is. If we are in a situation where we are under significant pressure, then we can benefit from the crisis and the force majeure issue. If we do not-----

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 sign up to it, we are signing up to complying with these timelines. If we do not sign up to it, the likelihood is that we will actually become more of a draw for other countries because if we are not processing applications quickly, then people will be more likely drawn to us.

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

Helen McEntee: Can the Deputy repeat that? I am sorry.

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, in certain instances, ask for a court to hold a person so that they would be detained if that person is a risk or they have been identified as a risk. Obviously, we do not want to do that for-----