Lynn Ruane (Independent) | Oireachtas source

It is good to have the Minister of State here. I invited her this morning to provide an update to the House regarding Ireland's position on the European Union's proposed asylum and migration pact, which is currently under trilogue negotiation and due to be legislated for early next year.

The Government has previously stated it will be after the negotiations have concluded before a decision is made on whether to opt into the pact under Protocol No. 21 of the Treaty on the Functioning of the European Union. However, there are already serious concerns about the significant implications of the pact for the welfare and human rights of migrants and asylum-seekers who arrive at European borders. The Taoiseach stated in June that Ireland would push for a pact that is steeped in human rights and international law, while in the same contribution he established that the pact would legislate for a mandatory border procedure, potentially resulting in arbitrary detention of migrants and asylum-seekers, including children. While the pact is packaged as being reflective of human rights and international law, in actuality it is steeped in deterrence, detention and exclusion. The Union is at its best when acting as a beacon of human rights, equality and the fair application of international law, but its actions in recent times, whether looking at this pact or its response to the deplorable situation in Palestine, are actively undermining this.

The main concerns I wish to raise are shared by multiple NGOs, including Oxfam and Amnesty International, and relate to the provisions of the asylum procedure regulation, the asylum migration management regulation, the screening regulation and the crisis regulation. On the safeguarding of minors and unaccompanied minors, with particular regard to proposed border procedure within the asylum procedure regulation, I ask whether Ireland's petition that minors over the age of 12 years be excluded from detention exemption has been maintained and if this position has been successfully adopted throughout the trilogues. I have serious concerns about the erosion of standards for what is deemed a safe third country. These changes risk violating the principle of non-refoulement and further endangering vulnerable asylum-seekers and migrants, potentially seeing them placed in a country with a history of violating human rights. There is significant concern among NGOs that the pact could be interpreted such that mere transit through a country could deem it safe. The deal recently brokered by Italy and Albania has been labelled "unworkable" and "illegal" by Amnesty. It is one of a number of such agreements the Commission and member states have separately brokered with third countries that undermine human rights and international law. While I understand individual member states' agreements do not form part of the pact, they are reflective of a marked shift in approach to migration at EU level and speak to the need for stronger protections within the pact.

If Ireland ultimately opts into the pact, will it be to all the regulations as a whole or is there scope for us to choose which regulations we opt into? In addition, what are our obligations under the Treaty on the Functioning of the European Union to uphold these regulations in circumstances where we do not opt in? On solidarity mechanisms, the Taoiseach has stated Ireland would potentially seek to fulfil these obligations to financial contributions. Is this still the case? If responsibility is to be shared between member states, it strikes me that being able to pay one's way out of a state obligation would undermine the principle of fairness, especially when these funds could potentially be used to finance the detention of vulnerable individuals. As the trilogues take place behind closed doors, we would welcome any assurances the Minister of State can offer to clarify Ireland's negotiating mandate when this process concludes. I hope the principles of human rights and international law will be reflected throughout the pact.