Michael D Higgins (Galway West, Labour)
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Question 56: To ask the Minister for Justice, Equality and Law Reform if Ireland has contracted, or is planning to enter into, bilateral agreements with African states which would permit the return of third country nationals; and if he will make a statement on the matter. [33502/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I take it the Deputy is referring to readmission agreements with African countries involving reciprocal undertakings in relation to the return of illegal residents to their countries of origin and related immigration matters.

Such agreements take two forms — bilateral agreements between Ireland and another country and agreements negotiated by the European Commission with third countries on behalf of member states. The latter form part of the European Union's broader aim of developing a balanced, coherent and common approach towards immigration and asylum.

Nigeria is the only African country with which Ireland currently has a readmission agreement. A bilateral agreement on immigration matters, including readmission, was concluded in 2001 between the Government of Ireland and the Government of the Federal Republic of Nigeria. While the agreement has not yet been officially ratified by the Nigerian side, both sides are operating in the spirit of the agreement, particularly in the area of repatriation. I refer the Deputy to the reply I gave to Parliamentary Questions Nos. 3, 14 and 60 on Thursday, 20 October 2005 for further details about this agreement.

Between 2000 and 2002 the European Council mandated the Commission to negotiate readmission agreements with 11 third countries-entities on behalf of member states, including two north African countries, namely, Morocco, 2000, and Algeria, 2002.

The Commission reports that negotiations with Morocco are well advanced and a draft agreement is expected to be agreed by the end of this year. Negotiations with Algeria are advancing at a slower pace with first round discussions expected to commence shortly.

Community readmission agreements fall within Title IV of the Treaty of the European Union, Amsterdam treaty, and therefore do not automatically apply to Ireland, or the UK. The specific approval of both Houses of the Oireachtas is required before Ireland can participate in such measures and a decision on participation in any agreements with Morocco and Algeria will be made when these negotiations have concluded.

While the agreed procedures set out in readmission agreements greatly facilitate the smooth return of persons, the absence of such agreements does not prevent returns being made to other countries.