Colm Brophy (Dublin South West, Fine Gael)

The motion seeks Seanad Eireann’s approval to opt in to a European Council decision authorising the opening of negotiations for a readmission agreement between the European Union and Kazakhstan. Readmission agreements play a valuable role in the fight against irregular migration by facilitating the admission to their own country of persons residing without authorisation in a member state. They facilitate and expedite the enforcement of return decisions in respect of irregular migrants and may also function as an incentive for countries of origin or transit to enhance their migration control. Effective co-operation on return and readmission is a key component of the EU’s comprehensive, tailor made and mutually beneficial partnerships with third countries.

The annexe to the draft Council decision has been deemed restricted by the European Commission. The annexe contains information of a particularly sensitive nature given that it relates to a negotiating mandate with a third country. As a consequence, hard copies of the draft Council decision have been made physically available to the Members of the Houses for the purpose of debating the motion. The Attorney General’s office has confirmed that this method of circulation meets the requirements of Article 29.4.7 of the Constitution.

It should be noted that once a readmission agreement has been concluded with Kazakhstan, Ireland’s participation in that agreement will be subject to a separate opt-in process under protocol No. 21. At that point, the text of the full agreement will be made available to Members before seeking approval to participate. What we are seeking to do at this moment is simply participate in the adoption of a negotiating mandate and ensure Ireland has a seat at the table during the negotiation of the agreement itself. Ireland is currently party to 12 EU-level readmission agreements, including with Hong Kong, the Macao Special Administrative region of the People’s Republic of China, Republic of Albania, Sri Lanka, Russian Federation, Republic of Montenegro, Republic of Serbia, Bosnia and Herzegovina, North Macedonia, Republic of Moldova, Islamic Republic of Pakistan and Georgia.

In order for any migration management system to function, it must have an effective and credible policy on return, including readmission. A call by the European Council in late 2024 for determined action at all levels to facilitate, increase and speed up returns from the European Union ultimately led to the recent publication by the European Commission of a proposal for a new regulation on returns. This proposal is part of the broader pact on migration and asylum agreed in 2024, which seeks to create an integrated, sustainable and comprehensive EU migration policy that balances fairness and firmness.Readmission is identified as a key part of the returns process in the Commission's recent proposal for the new returns regulation. Readmission agreements, therefore, are also an important part of the external dimension of migration policy and are closely linked to the objectives of the migration and asylum pact, in particular in strengthening co-operation with third countries.

Opting into this Council decision to open negotiations on a readmission agreement with Kazakhstan would clearly demonstrate Ireland's commitment to a common EU-wide solution to migration, a commitment that is already evidenced by our opting into the EU asylum and migration pact. The bilateral relations between the EU and Kazakhstan are framed by the enhanced partnership and co-operation agreement, EPCA, which lays the foundation for enhanced co-operation in key policy areas such as promoting mutual trade and investment, co-operation on justice and home affairs, economic and financial co-operation, energy, transport, environment and climate change, employment and social affairs, culture, education and research. The EPCA also provides for the possibility of negotiating an agreement on readmission in parallel with an agreement on visa facilitation.

Approximately 1,000 Kazakhstan nationals per year received orders to leave the EU between 2019 and 2023, although this number decreased during the Covid-19 pandemic. Member states have not reported major issues in returning those persons to Kazakhstan. Kazakhstan is not currently a major country of transit for irregular migration to the EU. However, this might change in the future, in part due to instability in the region.

The readmission agreement is expected to affirm that it will be applied in such a way as to ensure and respect human rights and the obligations and responsibility of the EU, its member states and Kazakhstan under international law. The agreement is also expected to contain language which ensures that the EU and Kazakhstan will devote particular attention to ensuring the protection of rights for persons after their readmission in compliance. This proposal has Title 5 legal basis in the areas of freedom, security and justice under the Treaty on the Functioning of the European Union, which means that, unlike other EU member states, Ireland is not automatically bound by its measures in this area. Instead, Ireland has a right to decide whether to opt in to such measures under Protocol 21 to the treaty and functioning of the European Union. Opting into this proposal would be consistent with our declared commitment to participate in Title 5 measures wherever possible and a demonstration of our pledge to protect and promote EU values.

Opting in at this stage, before the decision has been adopted by the European Council, would enable Ireland to opt in under Article 3 of Protocol 21 and take full part in the Council decision and vote on the negotiation mandate. The three-month period for an opt-in under Article 3 of the protocol expires on 17 June. If we were to opt in after the decision has been adopted, under Article 4 of the protocol we would not have a vote on this proposal. I reiterate that this mandate relates simply to the opening of negotiations and does not entail any commitment by Ireland to any agreement that may be reached. Any agreement resulting from these negotiations would need to be subject to a separate opt-in procedure at the time once details are known.

It is important for Ireland to opt in to this initial Council decision so as to ensure our full participation in any negotiating mandate. Opting in would also demonstrate our solidarity with our EU partners and our commitment to EU values, as well as Ireland’s support for the EU’s migration issues.