Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 496 to 498, inclusive, together.

I am committed to ensuring that Ireland’s International Protection system is robust and rules based, and that our borders are protected.

The EU Asylum and Migration Pact will significantly reform the current approach to migration and asylum both in Ireland and across the EU by providing a robust legislative framework to address the challenges faced in this area.

The overall objectives of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations. It will ensure a fair sharing of responsibility, developing robust and fair management of external borders and providing stronger governance of asylum and migration policies.

These reforms will ensure Europe acts as a collective in terms of how migration, and in particular asylum, is managed to ensure the system is firmer and fairer. The Pact will allow significantly faster processing of international protection applications. The Pact will reduce the number of secondary movements and make it easier to transfer applicants to the Member State responsible. It will reduce the time people spend in state provided accommodation and allow for the return of those not entitled to protection. The overall aim here is to speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to where they came from quickly and efficiently.

These reforms can be seen against a backdrop of some of the long-standing challenges faced by Member States in dealing with asylum applications, particularly in the context of the large influx of asylum seekers in 2015 and 2016, and again in 2022 and 2023. There is little indication that this trend will abate in an increasingly unstable world.

The Pact recognises that the challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in a globalised and interdependent world. As such, it will establish a more coherent approach across the EU to migration, asylum, integration and border management, fit for the 21st century.

Opting-in to the Pact is an opportunity for Ireland to undertake coordinated wide-reaching reforms in an area that has seen mounting public interest and concern in recent times.

The solidarity mechanism contained within the Pact is to assist Member States facing migratory pressure. A Solidarity Pool will be established from which a Member State determined as being under migratory pressure can draw from. It is important to note that the solidarity mechanism has been established to alleviate the pressure that front-line Member States will face is implementing the new screening procedures, border procedures and return border procedures which are aimed at preventing onward secondary movements to other countries such as Ireland.

All Member States would contribute to this Solidarity Pool on the basis of a proportional “fair share” principle (based on the formula 50% population and 50% GDP).

It is very important to clarify that the “fair share” contribution for Ireland would apply to the solidarity pool to be established, not to the total number of asylum applications across the EU.

Member States will have discretion on the type of solidarity they contribute. This can take the form of relocations, financial contributions or alternative solidarity measures such as deployment of personnel. So it is not the case that Ireland will necessarily be required to accept greater numbers of asylum seekers under this mechanism.

While Ireland has one of the highest GDPs in the EU, it should be noted that we have one of the smallest populations and this is reflected in the formula overall.

Should Ireland be considered to be under migratory pressure in the future, we will be able to avail of solidarity from other Member States.

The Attorney General provides legal advice to the Government and this advice is subject to legal professional privilege, in the same way as the legal advice provided to a private client by any solicitor or barrister. The proper operation of Government and, thereby, the public interest is served by this privilege as it facilitates the confidential consideration by Government of sensitive matters.