Seán Haughey (Dublin Bay North, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

336. To ask the Tánaiste and Minister for Justice and Equality if he will confirm the basis of Ireland’s legal responsibility to provide shelter to those who come to our country fleeing war and persecution; the role of the EU and the UN in respect of these obligations; if he has any plans to review these legal responsibilities; and if he will make a statement on the matter. [7837/23]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Ireland has an obligation under EU and International Law to provide shelter to those who come to our country fleeing persecution. Seeking International protection is a legal right and when someone asks for protection of a country, that country’s authorities must examine that application.

Ireland is party to the 1951 UN Convention on the Status of Refugees. The Convention defines the term ‘refugee’ and outlines the rights of refugees as well as the legal obligations of States to protect them. The UNHCR supports and oversees implementation of the 1951 convention and its 1967 Protocol and States are expected to co-operate with the UNHCR in ensuring that the rights of refugees are respected and protected.

Ireland is also bound by the EU Asylum Procedures Directive (2005/85/EC). The Directive applies to all applications for asylum made in the territory of a Member State, including at the border or in a transit zone. The Directive provides asylum seekers with certain rights and guarantees, including the right to access the procedure and the right to remain in the Member State pending the examination of an asylum application. The European Commission is guardian of the Treaties and has a role in enforcing EU law and ensuring the uniform application throughout the EU.

The International Protection Act 2015 transposes the Asylum Procedures Directive into national law and gives further effect to the 1951 Refugee Convention and its 1967 Protocol.

Separately, beneficiaries of Temporary Protection in the State are entitled to protection under the EU Temporary Protection Directive (2001/55/EC). This was activated by the EU Council in March 2022 in respect of Ukrainian residents fleeing the Russian war of aggression against Ukraine.

The Directive and the Council Decision to activate it, place specific obligations on Ireland and on all EU Member States, including the duration of the temporary protection to be awarded and the State supports and services that the beneficiary should be entitled to. Those eligible for Temporary Protection (granted initially for one year, but renewable) will have immediate access to the labour market, social welfare, accommodation and other State supports as necessary.

To date some 75,000 people displaced by the war in Ukraine have been granted Temporary Protection in Ireland.

The Government remains committed to supporting the people and Government of Ukraine and will continue to work with our EU counterparts in relation to the implementation of the EU Council decision activating the Temporary Protection Directive, and on any further EU-wide measures in this regard.