Lynn Ruane (Independent) | Oireachtas source

The Minister is very welcome. I have been listening to some of the comments. I would obviously like to add my voice to that of Senator Higgins in the context of how well she captured some of the larger problems at play with regard to seeing where we stand. Especially since things have escalated in Palestine, I found myself going back to read Hegel in order to try to understand how progress can be so obvious in many ways but yet history keeps repeating itself. I am reminded of a Hegel quote about when people are talking about us emigrating and us seeking better. Why does that not resonate then when we make decisions and how we make decisions? Hegel said, "we learn from history that we do not learn from history". We have to think that if we do not learn from history, how do we continue to progress in a way that is human rights-based and do not repeat what are often the very harsh conditions of the past in the context of how we treat people? Then I think that if its not about history and remembering history, how is it about the decisions we make?

My contribution is very much more about looking at the technicalities of the pact with regard to the decisions we may make within those. Over the course of the past 12 months, my concerns were mostly around how the pact interacts with but also undermines the principles of human rights, equality and the fair application of international law, and how they have become more acute. During that time, the discourse on migration in Ireland has become more destructive and reductive. This is why I believe it is more important than ever for those of us who are motivated by a sense of global justice and the protection of our shared and fundamental rights to take the opportunity to shape the discourse and the development of fair and just migratory policy.

The EU has the potential to be a positive influential actor on the international stage in the protection of human rights, equality and the fair application of international law. Indeed, the Union has demonstrated this capacity effectively in the past. However, the EU's actions in recent times, whether it is considering certain provisions of the pact or agreements brokered by it to achieve the externalisation of our borders, are effectively undermining this capacity. This is why it is so crucial that Ireland uses its voice positively and constructively in Europe to defend the principles enshrined in the Charter of Fundamental Rights.With respect to the asylum procedure regulation, I continue to be concerned about the safeguarding of minors within the border procedure. While it is welcome that unaccompanied minors who do not pose a security concern will be excluded from the border procedure, I am concerned about how this threat will be assessed and the procedure applied. I am also deeply worried about the erosion of standards for what is deemed a safe third country. These changes risk violating the principle of non-refoulementand further endangering vulnerable migrants, potentially seeing them placed in a country with a history of rights violations. There is significant concern in civil society that the pact could be interpreted such that mere transit through a country could deem it safe. I am saddened that the externalisation of migration to third countries has become a prominent factor regarding the asylum and migration management regulation. I believe solidarity through relocation must be the main focus of the mechanism, including giving priority through meaningful links. The scope of financial contributions for solidarity should be restricted to limit the ability of wealthy member states to renege on their relocation obligations.

Other financial capacity-building mechanisms, such as capacity-building in third countries and the transfer of returns, should also be restricted. The human rights safeguards within the screening regulation need to be more robust. Article 5, which allows for screening to take place within the territory of a member state, is of particular concern as it could result in discriminatory profiling and policing of third-country nationals. With regard to the crisis and force majeure regulation, the instrumentalisation of migrants and asylum seekers to ultimately restrict their rights and derogate from the EU acquisis unjust and unfair. Additionally, the proposed expansion of border procedures during times of crisis is open to abuse.

With regard to the condensed timeframes, we all want an asylum system process that takes less time than at present, bearing in mind what can be done in three months given the complexities of certain cases. People who have experienced trauma or war are often told they should say this or that and are given misinformation which could go against them in the long run. It takes time to get adequate information from people.

The final concern I wish to raise is in respect of Eurodac, which will lead to the mass surveillance of migrants. The regulation will mandate the systematic collection of biometric data, which will be retained in large databases for a period of up to ten years, exchanged freely between member states and made accessible to police forces across the Union for the purposes of tracking and identity checks. The minimum age in respect of the data is also of concern. I look forward to the Minister's response. If it comes to a vote, I will be voting against the pact reluctantly because, again, I would like to have seen it taken in parts.