Alice-Mary Higgins (Independent) | Oireachtas source

I accept the point made by the Minister of State. In my earlier contributions I recognised that this area cuts across the Departments of Defence and Foreign Affairs, as well as the Department of Justice, but they do intersect. We have seen a great increase in judicial measures relating to preventing illegal entry. Much attention has been focused on the security aspect. There is a related neglect, and a consequent withdrawal on a European basis, from the humanitarian work which is linked. The Departments are closely linked in this regard.

I will not press the amendment at this time. I will word it slightly differently and resubmit. It is vital that there is engagement between the Departments of Justice, Defence and Foreign Affairs in this regard. If there is a chill on humanitarian action in the Mediterranean, not just because of our implementation of these laws but also in parallel with other laws throughout Europe, it is an issue for Ireland to look to what role it wants to play. We are not simply in the business of prosecutions. We are in the position of policy-making as political actors. Our laws create policy and political environments. They affect society and social action.

We have focused a great deal on the question of prosecutions and convictions. The chill effect and the jeopardy I mentioned are recognised in the directive by the fact that an opportunity was given for an exemption in respect of humanitarian action, and a specific opportunity, choice and discretion were given to the State. It is very important that our decision is measured not just against the number of prosecutions and convictions but that the chill effect is tested by monitoring what happens. It seems the decision of the Department at present is not to use this discretion to include an exemption in respect of human rights and humanitarian activity.

I agree that it spans Departments. The Department of Justice needs to engage very actively with the Departments of Defence and Foreign Affairs in order that we can track the patterns. We know the number that used to be saved was 7,000 or 8,000 a year. We know the number being saved now is close to zero. The figures I received earlier this week from the Minister, Deputy Coveney, indicate that 1,300 people have drowned in the Mediterranean this year. In that context, the conversation needs to be ongoing.

I will withdraw the amendment but I might table another version for Report Stage asking for very active engagement between the Departments of Justice, Foreign Affairs and Defence on what Ireland has indicated is a policy goal. We stated that when we ran for membership of the Security Council. This policy goal is to prioritise humanitarian action and human rights and ensure that the laws from the Department of Justice do not have an inadvertent negative or chilling effect on those other State policy goals in terms of humanitarian rescue and human rights.