Colm Brophy (Dublin South West, Fine Gael)

In my closing remarks I will highlight what I highlighted in my opening remarks, namely that an essential priority of the Government is ensuring its immigration laws are both robust and enforced. People are entitled to have confidence in our immigration system and there must be consequences for individuals who refuse to leave the State when they are ordered to do so. Returns and readmission are fundamental pillars of a comprehensive and credible EU migration policy, and the European Council has consistently emphasised the need for a unified, comprehensive and effective policy on return and readmission. Readmission agreements play a very important role in the fight against irregular migration. The purpose of the Council’s decision is to open negotiations on readmission with Kazakhstan, having regard to clear and unambiguous legally binding obligations that are necessary for two purposes. The first – this answers some of the points raised by the Senators – is to ensure rapid and effective procedures for the identification and return of persons, including nationals of EU member states and Kazakhstan, third country nationals and stateless persons, who illegally enter or remain on the parties' territories. The second is to facilitate the transit of persons to return to another country in a spirit of co-operation.

It is important to note that, by opting in at this stage, Ireland will be able to engage fully in the Council decision and negotiation mandate. Opting in will clearly demonstrate our support for our EU partners and citizens. Choosing to take part in this decision will also align with Ireland's commitment to opting in, where possible, to EU measures on freedom, security and justice under Title V of the Treaty on the Functioning of the European Union.

While the numbers coming to Ireland from Kazakhstan are low, with six applications for international protection in 2022 and five in 2024, opting into the Council decision to open negotiations on a readmission agreement with Kazakhstan is important as it would further demonstrate Ireland's commitment to a common EU-wide solution to migration, which is already evidenced by our opting into the EU asylum pact. It is worth noting that Ireland will not be bound to any agreement resulting from these negotiations. The aim is simply to give the European Commission a mandate to negotiate with Kazakhstan on readmission.

On Senator Stephenson’s belief that the matter would not come back to the Oireachtas, she should note that if an agreement is finalised, Ireland can then seek to opt in to it, and that would come back to the Oireachtas. It is important for Ireland to opt in to this initial decision both to show solidarity with our EU partners and ensure Ireland's interests, including an efficient and streamlined EU return process, are fully reflected in the negotiating mandate. A well-functioning return system fully and seamlessly integrated into the new common European asylum system is essential. We have often heard that return is the missing link in the achievement represented by the agreement to the overall European Union and asylum pact reform. Ensuring that the two related concepts work together effectively is the only way to ensure the pact operates as effectively as it should.

The readmission agreement should reaffirm that it will be applied in such a way as to respect human rights and obligations and responsibilities of the EU, its member states and Kazakhstan under relevant international instruments applicable to the parties. The agreement will also contain language that ensures the EU and Kazakhstan will devote particular attention to ensuring the protection of rights of persons after their readmission is in compliance with the obligations under those international instruments. Therefore, I hope the House can support the exercise of Ireland’s opt-in in respect of this measure. I thank the Senators for their consideration of this important matter.