Written answers

Tuesday, 22 November 2016

Department of Justice and Equality

EU Issues

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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156. To ask the Minister for Justice and Equality further to Parliamentary Question No. 195 of 16 September 2016, the timeframe for the implementation of the European travel information and authorisation system; the anticipated impact on the non-border provisions of the Schengen acquis states of Ireland and the UK; and if she will make a statement on the matter. [36347/16]

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail)
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158. To ask the Minister for Justice and Equality the correspondence her Department has had with the EU migration commissioner, Dimitris Avrampolous, in regard to the impact of the European travel information and authorisation system in view of Brexit with regard to Northern Ireland; and if she will make a statement on the matter. [36349/16]

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail)
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159. To ask the Minister for Justice and Equality if her Department has re-assessed the impact of the European travel information and authorisation system in view of Brexit; and if she will make a statement on the matter. [36350/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 156, 158 and 159 together.

The European Commission published its proposals for a European Travel Information and Authorisation System (ETIAS) on 16th November, 2016. The system is being introduced in order to ensure a balance between mobility and security concerns for the legal entry into the Schengen area for persons who travel visa free.

The ETIAS will be an automated IT system which facilitates the processing of applications from the persons concerned travelling to the Schengen Area. It will gather information on travellers to allow for advance immigration and security checks. The ETIAS will apply to all visa-exempt third country nationals including airport transit passengers and family members of a Union citizen who do not hold a residence permit. The ETIAS does not apply to EU citizens which, of course, includes Irish nationals. In addition, ETIAS will not apply to recognised refugees or stateless persons. Where applicable, carriers will have to check that their passengers have a valid ETIAS travel authorisation before allowing them to board.

Initial discussion of the proposed Regulation establishing the ETIAS took place at the JHA Council on 18th November, 2016 with the Commission presenting an outline of the proposal. This proposal builds upon the measures in the Schengen acquis that concern the crossing of borders and in which Ireland (and the UK) do not participate. Therefore, Ireland are not taking part in the adoption of this Regulation and are not bound by it or subject to its application.

It is expected that ETIAS will be operational by 2020. In relation to the implications, if any, of this proposal in the context of BREXIT, it would be premature to speculate on this specific issue in advance of the negotiation process that will take place following the UK's formal notification that it intends to leave the EU. The matter will be kept under review in that context.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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157. To ask the Minister for Justice and Equality the status of her Department's interactions with the European Border and Coast Guard and the eu-LISA agency; if any Department or other State body personnel have been seconded to those agencies; and if she will make a statement on the matter. [36348/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The EU Regulation which establishes the European Border and Coast Guard (EBCG formerly FRONTEX) constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC; Ireland is therefore not bound by the Regulation or subject to its application.

However, Article 51 of the Regulation provides for operational cooperation with Ireland and the United Kingdom on specific activities including the organisation of returns. Ireland may request to participate in specific activities of the EBCG and any such request is reviewed by the ECBG management board who decide on such requests. Provision is made in the Regulation on information exchanges between EBCG and Ireland related to the activities in which Ireland takes part. Ireland is invited to the meetings of the Management Board of the EBCG and is currently represented on the board by Chief Superintendent, Garda National Immigration Bureau.

The European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) is responsible for the operational management of large-scale IT systems in the fields of justice and home affairs under Title V of the Treaty on the Functioning of the European Union, in particular the Schengen Information System (SIS II), the Visa Information System (VIS) and the Eurodac system. Ireland attends meetings of the Management Board of the agency and is represented by An Garda Síochána at Superintendent level. My Department, the Office of the Refugee Applications Commissioner and An Garda Síochána have interacted with the the eu-Lisa agency in relation to the recent project to update Ireland's national Eurodac systems (bio-metric database for comparing fingerprints) as required by our participation in the Eurodac Regulation (EU) No.603/2013 (recast).

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