Helen McEntee (Meath East, Fine Gael)
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Ireland opted-in to the 2005 Asylum Procedures Directive in February 2011. Ireland shared the view across the EU co-operation at EU level in dealing with applications for refugee status was extremely important. While all Member States were parties to the Geneva Convention, practices and procedures for granting refugee status varied greatly across the EU, which was contributing to differing standards and contributing to secondary movement. The Asylum Procedures Directive and other EU measures issued at the time represented important steps towards a Common European Asylum System. It should also be noted that many of the principles and guarantees in the 2005 Directive were already enshrined in Irish legislation at the time but were given further effect in the International Protection Act 2015.

On the issue of participation in EU measures, Ireland made a declaration when the Lisbon Treaty entered into force stating its firm intention to take part in the adoption of measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union (measures in the area of freedom, security and justice) to the maximum extent it deems possible. A similar commitment was made in relation to the Treaty of Amsterdam which preceded this arrangement. As the Deputy will be aware, it is not possible for Ireland to opt-out of EU measures once it has agreed to be bound by them, and therefore, no such review of that decision has been undertaken, although the law and policy in the field of asylum and immigration is kept under review.

The challenges presented by illegal migration and asylum have not been effectively addressed by any state acting alone in an increasingly globalised and interdependent world. Recognising this, the Member States of the EU have now reached a political agreement with the Parliament and the Commission on all of the measures proposed for a new Asylum and Migration Pact, which will pave the way for the adoption of these measures in the coming months. This represents an important further evolution of the Common European Asylum Policy.

The overall objectives of the Pact include creating a fair, sustainable and efficient asylum procedures in ordinary times as well as in times of migratory pressure and crisis situations, ensuring a fair sharing of responsibility, developing robust and fair management of external borders and providing stronger governance of asylum and migration policies.

The Pact aims to create greater harmonisation in asylum practices across the EU thereby further reducing incentives for secondary movements. Mandatory accelerated asylum processing for applicants who meet certain criteria, including where they come from a third country with a low recognition rate for asylum across the Union or those who present without documentation will be introduced. This will mean that those who are not entitled to protection will be processed swiftly, and those who are entitled can get access to their rights and protections in shorter timeframes.

Mandatory asylum and return border procedures will also apply to certain applicants. The aim of the border procedure is to quickly assess at the EU’s external borders whether applications are unfounded or inadmissible. Additional safeguards will apply to children and their families and unaccompanied children will not be subject to the border procedure unless they pose a security risk.

While Ireland has not yet opted-into most of the Pact measures, with the exception of the European Union Asylum Agency Regulation, other Member States will be bound by them two years after they are adopted, which will likely happen in the coming months. Member States are beginning to prepare their transposing legislation and operational systems for the Pact to go live in 2026. In order for Ireland to effectively align its law and systems with, and exploit the opportunities presented by, the cohesive migration system provided by the Pact, Government will consider Ireland’s position on whether to opt-into the Pact measures in the next few months.