Bríd Smith (Dublin South Central, People Before Profit Alliance)
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22. To ask the Minister for Foreign Affairs and Trade if he examined the agreement on refugees between the European Union and Turkey prior to signing up to it; if it infringes the European Union Convention on Human Rights with regard to the forced movement of persons in any way; and if he will make a statement on the matter. [12129/16]

Charles Flanagan (Laois, Fine Gael)
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The need for the EU-Turkey agreement to comply with EU and international law was a key concern for very many Member States, including Ireland when the agreement was being negotiated by EU Heads of State and Government in March. Ireland raised it several times before the European Council, including at the General Affairs Council. The legal advice of the EU institutions was that there is such compliance. All migrants will be protected in accordance with the relevant international standards and in respect of the principle of non-refoulement, which provides that asylum seekers and refugees cannot be returned to a country where their lives or liberty would be at risk. Migrants arriving in the Greek islands are being registered and any application for asylum are being processed individually by the Greek authorities in accordance with the Asylum Procedures Directive. The agreement makes clear that there will be no blanket returns from Greece to Turkey, that every migrant is entitled to apply for asylum and to have a right of appeal, and that they will be protected in accordance with EU and international law.

Both the Council Legal Services and the Commission have been clear that returns to Turkey are legal, provided they are subject to the safeguards that are required by EU and international law. These include: prohibition on mass returns; individual assessments of asylum applications in Greece; a right of appeal; a guarantee that they would not be sent to third countries where their safety might be at risk; and respect for relevant international law.

All of these safeguards have been recognised and provided for within the terms of the agreement.