Diarmuid Wilson (Fianna Fail) | Oireachtas source

I am contributing on this motion on behalf of my colleague, Senator Robbie Gallagher, who is at an important event in Clones, County Monaghan. For the record, Fianna Fáil welcomes this debate and supports the motion.

We need a fair, rules-based immigration system that represents both the integrity of our borders and the dignity of people trying to access better lives in Europe. This is reflected in the new migration and asylum pact. Under the pact, applications for asylum will be quickly assessed, as outlined by the Minister of State in his contribution, at the EU’s external border to determine if such an application is admissible or not. There will be tight timelines to allow for faster decisions, even though I listened carefully to what Senator McDowell said on that. Those who are not entitled to asylum will be returned home swiftly, allowing those in need of asylum to access protection without undue delay.

The pact introduces mandatory solidarity for EU member states, thus ensuring equal burden-sharing. States can choose their method of solidarity, giving Ireland the option, for example, to provide financial assistance rather than accept relocations. The solidarity mechanism will also allow Ireland to obtain financial assistance when needed, and I have also listened carefully to what Senator McDowell said on that point.

In accordance with Protocol No. 21 to the Lisbon treaty, Ireland must notify the European Council that it intends to opt in to the proposals related to the area of freedom, security and justice, which includes migration and asylum matters. Under Article 29.4.7 of the Constitution, approval must be sought from both Houses of the Oireachtas prior to exercising the opt-in, and that is what we are doing now.

I have listened carefully to the three previous speakers, bearing in mind that the three of them are barristers, and we have yet another one to listen to in a few moments. I am very conscious of that fact. As a layperson, I wish to ask a number of questions of the Minister of State, and these are issues that have been raised with me through e-mail and otherwise. There is genuine concern out there about this legislation. People are fearful of it – that it will see a massive increase in the number of migrants coming into the country. That is a reality and I want to put that on the record of the House.

Regarding the Dublin III regulation, No. 604/2013, there is a belief out there that it is not being implemented fully. People want to know why it is not being implemented before we opt in to this protocol. The second issue that has been raised with me is the constitutionality of what we are doing and the legislation that is before this House and in the Lower House as well. People are genuinely concerned about the constitutionality of what we are doing. As we are all aware, there is no mechanism here like there is for legislation, for the President, before he signs off on it, to summon the Council of State and, following on from its advice, send it to the Supreme Court for consideration and further determination. I understand the Attorney General said it is not necessary to hold a referendum on this but why did he or the Government not publish that advice?

On the protocol, if, in the future, some of the regulations related to it are changed, is the Government of the day obliged to come back to this House to legislate for that or to bring another similar motion before both Houses of the Oireachtas?

Those are the main questions that have been raised with me. Sovereignty is a big issue for people. There is, as I said, genuine concern from ordinary, decent citizens of this State.

I am speaking on behalf of our spokesman and on behalf of the Fianna Fáil Party, which supports this motion. However, I would like clarification on those few issues I raised.