Nessa Cosgrove (Labour)

No one is disputing that we need a fair and efficient emigration and migration policy but the motions under discussion are serious in nature and will have a significant impact on the rights of people who have sought protection here. There is an inherent danger in rushing through any legislation and when legislation pertains to the rights of people who could subsequently be removed from this jurisdiction and therefore be unable to avail of any appeal process or rectification of errors, the legislation deserves proper scrutiny. The proposals were only recently published and were brought to our attention a week ago. They need to be examined properly through the committee system, whether in the justice committee or the European affairs committee. We cannot possibly determine this afternoon the impact the regulations will have.

Senator Ryan referred to the fact that the regulations establishing a common system of return of third country nationals legally in the EU have been withdrawn. That is surely an admission that more scrutiny is required. The proposals relating to third countries considered safe is extremely reminiscent of the UK's Rwanda policy. This proposal seems to allow for member states to decide an application is inadmissible and yet the individual or individuals cannot be returned to their country of origin. Surely if it is not safe for a person to return to their country of origin, they should be granted asylum here or at least leave to remain here until it is safe to be returned to that country. The law currently requires any safe country a person may be deported to must be a country to which they have a connection. The new regulation appears to remove this requirement and is likely to result in a third country setting itself up as a safe country to receive people we have decided we do not want, and to charge accordingly. The Rwanda policy in the UK was ridiculed at the time it was introduced as one of Boris Johnson's most bonkers policies and was withdrawn by the Labour Government. It is estimated to have cost the UK taxpayer £700 million and resulted in a total of four voluntary deportations. Surely we have made enough bad policy decisions in this country that we do not need to go back to neocolonial policy.

There have to be serious questions surrounding what the regulations consider to be a safe country. The first proposal would designate all EU candidate countries as safe countries of origin. These include Albania, Bosnia, Georgia, Moldova, Montenegro, North Macedonia, Serbia, Türkiye and Ukraine. Europe is telling us we need to spend 5% of our gross domestic product on defence against the Russians and then it is declaring Georgia and Ukraine safe. Outside of that, the EU will also designate Bangladesh, Colombia, Egypt, India, Kosovo, Morocco and Tunisia as safe countries of origin. I do not know how many of us would fancy going on holidays to Ukraine or Colombia.

I appreciate Pride Month is over but we have to bear in mind the International Protection Act requires protection to be given where there is a risk of persecution on the grounds of sexual orientation. Is it not relevant to a safe country designation that in Egypt, for example, same-sex activity is punishable by up to 17 years in prison, with hard labour, fines and deportation. Where would a gay person deported from Ireland to Egypt be deported to? Would it be back to Ireland? What if that gay person seeking protection was originally from Egypt? Does Egypt then cease to be a safe country? Do we end up with a game of human ping-pong between Ireland and Egypt as an individual is deported back and forth? It is not a joke. It is very serious and I know everyone is taking this very seriously. ILGA-Europe publishes an annual Rainbow Europe review of the human rights situation in every European country. According to it, Türkiye comes in with a score of 5%, ahead of only Russia and Azerbaijan. Georgia is sixth last on 12%. So-called safe countries clearly are not safe for everyone.

We are voting against all the motions. If these proposals are passed by the Houses, as Senator Ryan said, they are in effect in Irish law and cannot be challenged in courts. I urge my fellow Senators to please reject these motions.