Jim O'Callaghan (Dublin Bay South, Fianna Fail)

Every time I come in here, there seems to be a local constituency group, so I thank the Cathaoirleach for that.

I stand here to ask the Seanad to approve these motions to opt in to these three proposals in the field of international and temporary protection. As the Cathaoirleach knows, Ireland is committed to supporting and advancing the development of a common European system of asylum so that we have a consistent, fair and efficient asylum procedure in ordinary times and times when there can be crisis situations, as was the case in Ireland last year.

In 2024, Ireland opted in under Article 4 of Protocol No. 21 to seven, what I refer to as non-Schengen, measures of the migration pact. On 29 April 2025, the Government approved my proposal that we draft a new international protection Bill, which would, in effect, transpose into Irish law the measures contained within those European Union regulations and directives.The reason I am here is that on 16 April 2025 the European Commission published a proposal for a regulation amending the asylum procedures regulation as regards the establishment of a list of safe countries of origin at Union level. This regulation provides for the first time in EU law for the possibility and conditions to designate safe countries of origin at Union level. As the Cathaoirleach will be aware, we already do that at national level pursuant to section 72 of the International Protection Act. The possibility for member states to designate countries as safe countries of origin at national level is retained and will be retained into the future. It is proposed to designate all EU candidate countries, which are currently Albania, Bosnia and Herzegovina, Georgia, Moldova, Montenegro, North Macedonia, Serbia, Türkiye and Ukraine, as well as Bangladesh, Colombia, Egypt, India, Kosovo, Morocco and Tunisia as safe countries of origin at Union level. As I mentioned a moment ago, under section 72 of the International Protection Act 2015, I as Minister for Justice can make an order designating a country as a safe country of origin. To date, that has been done by me and my predecessors in respect of 15 countries. The 15 countries we have designated as safe overlap to a certain extent with the countries proposed at EU-wide level. The countries we designate safe are Albania, Algeria, Bosnia and Herzegovina, Botswana, Brazil, Egypt, Georgia, India, Kosovo, Malawi, Montenegro, Morocco, North Macedonia, Serbia and South Africa. When one compares the countries identified in our national legislation as safe countries with the countries proposed to be designated safe at EU-wide level, one will note the EU list contains three countries that are not on the Irish list, namely, Colombia, Türkiye and Tunisia. The agreement of a list of safe countries of origin at Union level would contribute to the objective of enhancing co-operation on return and readmission as part of the comprehensive approach to migration set out in the migration pact. That is the proposal in respect of the safe countries of origin at EU level. I am seeking permission from the Seanad to avail of our opt-in procedure under Article 3 of Protocol No. 21 which will allow us, as Senators will know, to get actively involved before the procedure is finalised and put in place as a regulation.

The second motion concerns a different proposal concerned not with safe countries but "a safe third country". At present, under section 72A of our legislation we can designate another country as "a safe third country". To date, we have only done it in respect of one country, namely, the United Kingdom, which includes the Isle of Man. However, on 20 May 2025, the Commission published a proposal for a regulation amending the asylum procedure regulation as regards the application of the safe third country concept. This allows member states to determine an international protection application is inadmissible when the applicant could receive effective protection in a third country considered safe for the applicant. Currently, I may, by virtue of section 72A of the International Protection Act, designate by order a country as a safe third country. As I said, the only country so designated under our legislation is the UK, which includes the Isle of Man and the Channel Islands.

The asylum procedure regulation will govern the safe third country concept at an EU level when pact measures come into effect and when the international protection Bill is enacted by these Houses in June 2026 or beforehand. Under the proposed amendments, the connection criterion will remain, but there will be two further alternatives. One is that the concept can be applied based on transit through a safe third country before reaching the EU. The other is on the basis of an arrangement or agreement with a safe third country ensuring the examination of requests for effective protection in that country. As the EU intensifies efforts to establish an effective and safe migration policy, it is important Ireland is strategically aligned with fellow member states on a multilateral basis to benefit from opportunities and address challenges. Ireland's strategic role in relation to migration decisions will be strengthened through its participation in migration measures at EU level. A decision to opt in to these proposals would demonstrate Ireland’s commitment to a common EU-wide solution to migration as evidenced by our opting in to the EU migration pact. Opting in under Article 3 of Protocol No. 21 would, as I said, allow Ireland to influence the proposals during the legislative process, giving potential to mitigate any aspects of the proposals may cause difficulties for us.

On 11 March 2025, the European Commission published a proposal for a regulation establishing a common system for the return of third-country nationals staying illegally in the Union. Opting in to this proposal would demonstrate Ireland’s commitment to a common EU-wide solution to migration, which is already evidenced by our opting in to the pact. The returns proposal has been constructed by the Commission as a hybrid measure with both a Schengen and non-Schengen legal basis to facilitate the participation of Ireland and Schengen member states and Schengen-associated countries. The particular manner of Ireland’s participation is still under discussion with our EU counterparts, given the complexity of the hybrid legal basis issue. The issue will be formally discussed by all member states in the relevant working group next Monday, 8 July. I am going to reflect on that discussion and if the emerging consensus is that an opt-in under Article 4, instead of Article 3, of Protocol No. 21 would be preferable, I will instead ask officials to pursue that path and will subsequently be back before this House seeking approval at a later date for an Article 4 opt-in.

In respect of the other proposal before the House, on 4 June 2025, the Commission published a proposal for a Council recommendation on a co-ordinated approach to the transition out of temporary protection for displaced persons from Ukraine. Given the inherent temporary nature of the temporary protection directive it is accepted that even if the war in Ukraine remains protracted, temporary protection must come to an end; otherwise it is no longer temporary protection. The Commission has published a proposal for a Council recommendation on a co-ordinated approach to the transition out of temporary protection for displaced persons from Ukraine.

The four sets of measures I have outlined promote the transition into other legal statuses before the end of temporary protection, ensure smooth and sustainable reintegration in Ukraine, ensure the provision of information to displaced persons and enhance co-ordination, monitoring and exchange of information among member states and Ukrainian authorities to monitor and support reintegration efforts. The proposed Council recommendation will not be binding in nature; rather, it is an important tool to support a co-ordinated EU-wide exit from temporary protection. Providing a roadmap for an orderly exit from temporary protection, this recommendation is essential to meeting one of the key objectives of activating the temporary protection directive, which is to protect the member state's international protection system, while acknowledging that many persons enjoying temporary protection have been in the Union for several years. We need to take into account that if we decided to just end temporary protection, the strong likelihood is every Ukrainian person here would simply decide to apply for international protection. Given there are approximately 87,000 Ukrainian people in the country it would put extraordinary pressure on our system, specifically the IPO and IPAT, if that were to occur.

It is important for Ireland to opt in to all these proposals to ensure Ireland's immigration system is robust, but also effective and efficient. Opting in to the three measures I am seeking approval for would also underline Ireland's commitment to EU values and its support for the EU's migration system and would demonstrate Ireland's continued solidarity with our EU partners. I thank the Cathaoirleach and will briefly state again I am seeking the approval of Seanad Éireann to permit Ireland to opt in to the three measures before the House under Article 3 of Protocol No. 21. That will enable us to participate before the legislative measure is finalised. In respect of the fourth measure, which is the returns measure, I need to consider more what is going to happen in the European Commission and if it looks like Article 4 of Protocol No. 21 is the most preferable way to get into it, I will be back here at some date in the future looking for approval to opt in under Article 4 should Ireland be permitted to get into the returns regulation.