Written answers

Thursday, 11 May 2017

Department of Justice and Equality

EU Regulations

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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44. To ask the Tánaiste and Minister for Justice and Equality if Ireland will opt out of the proposed reforms to the common European asylum system and in particular to the proposed Dublin regulation, the asylum procedures regulation, reception conditions directive, the European Union agency for asylum regulation and the qualification regulation; and if she will make a statement on the matter. [22526/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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In May and July of last year, the European Commission published two packages of measures to reform the Common European Asylum System (CEAS) – seven legislative proposals in total, including those referred to by the Deputy in her question.

These measures aim to address the identified shortcomings in the current CEAS, which were exposed during the migration crisis, most notably in 2015, when the number of people arriving in the EU to claim protection reached its highest levels since the end of World War II.

Under the EU Ordinary Legislative Procedure, both the Council and the European Parliament as co-legislators will adopt the Commission’s proposals, following their negotiation. This complex process of negotiation is ongoing, both at the Asylum Working Party level for the Council and by the Parliament’s appointed Rapporteurs in the preparation of their Committee Reports. All seven proposals are considerably inter-linked and are being discussed in parallel to ensure a cohesive outcome to the reform process. We are playing an active role in these negotiations. In addition, progress on the negotiation of the CEAS reforms is regularly discussed at the meetings of the Justice and Home Affairs Council and at the European Council.

Under Article 4 of Protocol No. 21 annexed to the TEU and to the TFEU, Ireland can notify the Council and the Commission of its wish to opt in to a measure at any time after its adoption. As the texts of the proposals have yet to be finalised and adopted, no decision has been taken as to whether or not we will opt in to any of the measures. Any future decision to opt in to a measure, having fully considered all of the potential implications for our own international protection process, which has recently been fundamentally reformed by the introduction of the International Protection Act, will be subject to the approval of both Houses of the Oireachtas.

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