Robbie Gallagher (Fianna Fail)
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I move:

That Seanad Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Recommendation for a Council Decision authorising the opening of negotiations on an agreement between the European Union and the Republic of Kazakhstan on readmission, a copy of which was circulated to each member of Seanad Éireann on 29th May, 2025.

Seán Kyne (Fine Gael)
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I welcome the Minister of State, Deputy Brophy. He has five minutes.

Colm Brophy (Dublin South West, Fine Gael)
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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.

Garret Kelleher (Fine Gael)
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Gabhaim buíochas leis an gCathaoirleach Gníomhach. I dtosach báire, cuirim fáilte roimh an Aire Stáit, and I acknowledge the work he has done in the area of migration to date and wish him every success in his term in office.

The Minister of State outlined plainly what we are considering, namely an opt-in that does not necessarily tie us to a particular course of action. Neither will it amount to a commitment by Ireland to any agreement. We will engage in a process and by doing so now rather than at a later stage, we will have more say on the agreement with our European partners, should we choose to opt in.

The Minister of State cited the fact that between 2019 and 2023, in the region of 1,000 such individuals were subject to readmission and would have benefited from an agreement. I understand that of those 1,000 people, fewer than 2% came from this jurisdiction. If I am not mistaken, the figure in that regard is in the region of 16. In principle, on behalf of the Fine Gael Group, it is a prudent decision to opt in. We will be more than happy to support the proposal.

Robbie Gallagher (Fianna Fail)
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I welcome the Minister of State to the House and thank him for outlining very comprehensively the motion before us. From a Fianna Fáil perspective, I welcome the debate and support the motion.

It is important that we have as much co-operation as we possibly can. As the Minister of State said, we are not committing to anything at this stage. Rather, we are only opening negotiations and are not tying ourselves to anything. The issue of returns highlights once again that we need as much co-operation as we can get on this issue. It is something we cannot deal with on our own. We need co-operation with our colleagues in the EU and elsewhere in order to have a proper system in place that can be mutually beneficial to all of the countries involved. There is no need for me to go any further. The Minister of State has outlined the position, and I am happy, on behalf of Fianna Fáil, to support the motion.

Nicole Ryan (Sinn Fein)
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I speak in opposition to the Government motion to opt in to the European Council decision authorising negotiations for the readmission agreement between the European Union and Kazakhstan. We fully support a fair, efficient and humane migration system. We believe that where a person is not entitled to be in the State, return mechanisms need to be robust, lawful and enforceable, but we also believe in sovereignty, transparency and accountability. Unfortunately, the motion falls short on all three counts.

First, Ireland already has the option to negotiate bilateral agreements with Kazakhstan as other countries like Germany and Poland have already done. If this is genuinely the priority of the Government, it would have pursued this route directly, retaining full control over terms, implementation and consequences. Instead, the Government is seeking to hand over control to the EU without the Irish people or, indeed, the Oireachtas having sight of what is on the table.

That brings me to the second issue of transparency, or the lack thereof. We are being asked to rubber stamp a motion that contains little to no detail about what the European Union intends to negotiate with Kazakhstan. We do not know the incentives, funding or commitments being proposed in Ireland's name. Members of the public have even less insight and that should concern us all. We are elected to scrutinise decisions that affect the lives of people living in the State and the Government is now asking us to give blanket approval to something as important and sensitive as migration policy without the necessary information, safeguards or any guarantees that Ireland's interests are protected.

Third, there is the issue of sovereignty and qualified majority voting. If Ireland opts in, we will have a vote at the European Council but we will not have a veto. Once the deal is agreed by the qualifying majority, we are bound by that, even if the final agreement is not in the interests of Ireland.

This is not just a technical motion; it is a political choice. The only justification the Government is putting forward is the desire to align with EU migration policy. That is not leadership; it is outsourcing. In an area as politically sensitive as migration, where public trust is fragile, this approach is deeply irresponsible. We in Sinn Féin support effective co-operation with EU partners, in particular on matters like information sharing, but we also support maximising Irish flexibility and control, in light of our unique position with the common travel area.

That is why we are calling for a pause. This is not a blanket rejection of co-operation with the EU, but rather a refusal to sign a blank cheque today. Ireland does not have to opt in now. We can retain the right to opt in later, once we have the full picture, know what has been negotiated and can assess whether a truly aligns with our national interests. This is a matter of principle, and we cannot build a fair and robust immigration system by sidestepping democratic oversight. We can account up till sovereignty while quietly surrendering it in practice. We cannot make good policy decisions in the dark.

Patricia Stephenson (Social Democrats)
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This is the first time I have had a chance to have a discussion with the Minister of State in the Chamber. I welcome him to the House. We are being asked to consider whether to support the entrance of Ireland's negotiation to the Council decision on the readmission agreement with Kazakhstan. I recognise the important role readmission agreements play when it comes to the overall migration system. There are many questions and uncertainties because we do not have the specifics.

The Government is asking us to approve a motion which proposes we that start negotiations on the readmission agreement. However, we do not know the terms of that agreement. This sets a very bad precedent, and we need to understand the negotiating criteria before we approve the motion. We have no context, and it seems a bit strange that we are being asked to approve something in respect of which we have no oversight.Although the Minister of State talked a little about the Geneva Convention, I do not see in the briefing note the safeguards that will be put in place regarding human rights obligations during the negotiation process. It seems that this might be a routine technical measure, particularly given how low the number of Kazakhstani citizens seeking protection in Ireland is, but that does not matter because, ultimately, the decisions on shaping the kind of migration system we have in Europe and in which Ireland participates on a European scale must come from a perspective of human rights. Our support for any international agreement, particularly one that concerns migration and return, must be grounded in a clear, enforceable commitment to human rights, dignity and due process. I am sure we would all agree this is non-negotiable but we do not have evidence of the exact terms in this motion.

The Minister of State has referred to the Geneva Convention, the European Convention on Human Rights and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These are great references but we have seen that international law seems to have very little meaning in practice, given what is happening in Gaza. Unless it is followed up with oversight, enforceability and accountability, which we need to see in the readmission agreement, it is all just words.

As we all know, Kazakhstan’s record on human rights and civil liberties and its treatment of political dissidents have been the subject to serious international concern. As Ireland considers opting into the negotiation mandate, it needs to do so with the idea of oversight and accountability at the core.

I stress that migration is a human reality. At the heart of it are people. They are not just numbers or policy issues. They are individuals who are often fleeing instability or are in vulnerable circumstances and whose personal safety is highly at risk. They deserve our protection where appropriate and legitimate and, of course, where cases are valid.

Deportations are, as I have stated before and as the Minister of State and colleagues have said, part of an effective migration system. However, we are having this discussion at a time when the Government’s record on removals and deportations is cruel and coming under some serious and deserved scrutiny. Last week, we saw the removal of children and families who had integrated into communities and schools. In fact, a principal was quoted as saying the sudden deportation of two pupils felt like a death. Deportation notices are hanging over families who have been living in Ireland for years. This is a consequence of the fact that our migration system is completely broken. I recognise the Government is taking serious steps to fix that, but this broken system has enabled circumstances in which people who have been living here for years and started new lives here are re-victimised. They are the victims of our broken system, and there is no human rights within that. We need amnesty for families and children who have been here for years, who have set up their lives here and who have contributed positively to their communities. They should not be the victims of the system we have failed them on. The Government talked about having a rules-based approach. I believe in having a rules-based system and it is good, but we have circumstances in which the State breaks its own rules, and vulnerable people end up as collateral damage.

There are complexities within negotiations for readmission agreements. We cannot send someone back to Kazakhstan, for example, if they are facing political persecution. I know the Minister of State agrees with that and I am not saying he would not, but I am sceptical about the Government’s approach to migration given that context.

I do not welcome the idea that if we pass this motion, we will not have an opportunity to vote on the proposal again, as I believe the Minister of State said at the end of his statement. If we pass this motion, the Oireachtas as a whole will not have a chance to review it. This shows a lack of transparency. It is difficult for us, as Members, to vote on something we have not seen. That is what ultimately what it comes down to.

Colm Brophy (Dublin South West, Fine Gael)
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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.