Lynn Ruane (Independent)
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It is good to have the Minister of State here. I invited her this morning to provide an update to the House regarding Ireland's position on the European Union's proposed asylum and migration pact, which is currently under trilogue negotiation and due to be legislated for early next year.

The Government has previously stated it will be after the negotiations have concluded before a decision is made on whether to opt into the pact under Protocol No. 21 of the Treaty on the Functioning of the European Union. However, there are already serious concerns about the significant implications of the pact for the welfare and human rights of migrants and asylum-seekers who arrive at European borders. The Taoiseach stated in June that Ireland would push for a pact that is steeped in human rights and international law, while in the same contribution he established that the pact would legislate for a mandatory border procedure, potentially resulting in arbitrary detention of migrants and asylum-seekers, including children. While the pact is packaged as being reflective of human rights and international law, in actuality it is steeped in deterrence, detention and exclusion. The Union is at its best when acting as a beacon of human rights, equality and the fair application of international law, but its actions in recent times, whether looking at this pact or its response to the deplorable situation in Palestine, are actively undermining this.

The main concerns I wish to raise are shared by multiple NGOs, including Oxfam and Amnesty International, and relate to the provisions of the asylum procedure regulation, the asylum migration management regulation, the screening regulation and the crisis regulation. On the safeguarding of minors and unaccompanied minors, with particular regard to proposed border procedure within the asylum procedure regulation, I ask whether Ireland's petition that minors over the age of 12 years be excluded from detention exemption has been maintained and if this position has been successfully adopted throughout the trilogues. I have serious concerns about the erosion of standards for what is deemed a safe third country. These changes risk violating the principle of non-refoulement and further endangering vulnerable asylum-seekers and migrants, potentially seeing them placed in a country with a history of violating human rights. There is significant concern among NGOs that the pact could be interpreted such that mere transit through a country could deem it safe. The deal recently brokered by Italy and Albania has been labelled "unworkable" and "illegal" by Amnesty. It is one of a number of such agreements the Commission and member states have separately brokered with third countries that undermine human rights and international law. While I understand individual member states' agreements do not form part of the pact, they are reflective of a marked shift in approach to migration at EU level and speak to the need for stronger protections within the pact.

If Ireland ultimately opts into the pact, will it be to all the regulations as a whole or is there scope for us to choose which regulations we opt into? In addition, what are our obligations under the Treaty on the Functioning of the European Union to uphold these regulations in circumstances where we do not opt in? On solidarity mechanisms, the Taoiseach has stated Ireland would potentially seek to fulfil these obligations to financial contributions. Is this still the case? If responsibility is to be shared between member states, it strikes me that being able to pay one's way out of a state obligation would undermine the principle of fairness, especially when these funds could potentially be used to finance the detention of vulnerable individuals. As the trilogues take place behind closed doors, we would welcome any assurances the Minister of State can offer to clarify Ireland's negotiating mandate when this process concludes. I hope the principles of human rights and international law will be reflected throughout the pact.

Lynn Ruane (Independent)
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I thank Senator Ruane for raising this matter, which I am taking on behalf of my colleague, the Minister, Deputy McEntee, who regrets she cannot be here due to another commitment.

As the Senator will be aware, the migration and asylum pact is a set of regulations and policies that aims to create a fairer, efficient and more sustainable migration and asylum process for the EU. The pact, proposed in September 2020, is designed to manage and normalise migration for the long term, thereby providing certainty, clarity and decent conditions for people arriving in the EU.It also seeks to establish a common approach to migration and asylum that is based on solidarity, responsibility and respect for human rights. It includes reform of the common European asylum system and measures on legal migration, integration, combating migrant smuggling, returns policy and the external dimension of migration, namely, co-operation and partnership with third countries. It is important to note that Ireland did not opt in to any of the pact measures pre-adoption. However, once they have been adopted, it will be possible for Ireland to opt in under Article 4. The Department of Justice is actively examining these EU asylum and migration pact proposals, all with a view to identifying how best Ireland might implement these measures should the Government decide to opt in once they are adopted by the European Parliament.

Trilogues are ongoing on all of the measures within the pact since the Council agreed on a mandate for the last three measures under negotiation, namely, the asylum and migration management regulation, the asylum procedures regulation and the crisis and force majeureregulation, in June and October last. On the asylum and migration management regulation, the EU Council has agreed a general approach on this proposed regulation, which includes a solidarity mechanism to assist member states facing migratory pressures. A solidarity pool would be established, from which a member state which is determined as being under migratory pressure can draw. All member states would contribute to this solidarity pool on the basis of a proportional fair share principle, based on the formula of 50% population and 50% GDP.

It is important to clarify that the fair share contributions for Ireland would apply to the solidarity pool to be established, not to the total number of asylum applications across the EU. While Ireland's GDP is among the highest in Europe, it should be noted that we have one of the smallest populations and this is reflected in the formula overall. Member states would also have discretion on the type of solidarity they contribute, including relocations, financial contributions and alternative solidarity measures, such as deployment of personnel. Again, the details of this proposed regulation are not yet finalised and remain subject to negotiation with the European Parliament. Throughout the negotiations of this particular measure, Ireland has supported a predictable, sustainable and flexible system of responsibility and solidarity. We recognise that support is required for member states that are receiving a disproportionate number of applicants.

Lynn Ruane (Independent)
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I thank the Minister of State for her response. I have a question that she may not be able to answer for me today. If so, I ask her to bring it back to the Minister, who may be able to answer. Must we opt in to the pact as a whole or do we have the option to opt in to particular regulations within the pact? That is an important question, especially when we think of the cases of over-12s and whether they will be excluded from particular protections. It is important for us to understand whether Ireland has the option to opt in to some parts and opt out of other parts.

Anne Rabbitte (Galway East, Fianna Fail)
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I will bring that question to the Minister. The Senator raised it in both her contributions. I will read the closing part of the statement from the Department.

On behalf of the Minister, Deputy McEntee, I again thank the Senator for raising this matter. Negotiations are progressing at pace and I am informed that the Spanish Presidency of the Council would like to have agreement on the final text by the end of the Presidency term, which falls in December. The Department of Justice supports the measures in the pact as it provides for a structural response to the challenges posed by irregular and forced migration. In this context, the Department has actively contributed and will continue to contribute to the trilogue negotiations.

A permanent structural solution to the challenges posed by irregular and forced migration will be greatly assisted through the successful conclusion and negotiation of the pact. Unlike other member states, Ireland would automatically be bound by these measures once they are agreed and we will decide whether we will opt in to them. In this context, the Department of Justice is actively examining the proposals that are the subject of negotiations, with a view to obtaining a decision from Government on whether Ireland should opt in to the measures once they have been adopted.