Matt Carthy (Cavan-Monaghan, Sinn Fein)
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270. To ask the Tánaiste and Minister for Justice and Equality to list the powers and responsibilities that will transfer from the Irish State to the European Union once the EU Asylum and Migration Pact becomes operational in June 2026, in tabular form; and if he will make a statement on the matter. [54362/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy is aware, Ireland has opted in to the EU Migration and Pact which will come into effect in June 2026. The overall objective of the Pact measures, on which the new International Protection Bill shall be based, is to provide for a fair, sustainable and efficient asylum procedure that is fit for purpose and which can respond effectively to fluctuations in migratory flows through convergence in asylum practices across the EU.

My Department continues to focus on preparing for the Pact in advance of June 2026.

The General Scheme of a new International Protection Bill to give effect to the measures of the EU Migration and Asylum Pact was approved by Government on 29 April 2025. The General Scheme has been published and referred to the Oireachtas Committee on Justice, Home Affairs and Migration for pre-legislative scrutiny. The drafting of the Bill is underway. It is expected that the Bill will be published by the end of the year. Enactment of the Bill and commencement of the Act is required by 11 June 2026.

It is not accurate to frame the Migration and Asylum Pact and its coming into operation in June 2026 as a transfer of powers and responsibilities from the Irish State to the European Union. Rather, the Pact recognises that migration is a challenge experienced across the European Union, which requires sharing of responsibility, robust and fair management of external borders, and stronger governance of asylum and migration policies. Migration is inherently a transnational issue and the reality is that no country can deal with the challenges of migration alone. The Pact will provide convergence across the EU with the aim of reducing secondary movements and increasing the levels of return of those found not to be in need of international protection. This will be done in full respect of fundamental rights guaranteed under the EU Charter of Fundamental Rights.

The European Union has competence in the area of Freedom, Security and Justice (which includes asylum) under Part 3 of Title V of the Treaty on the Function of the European Union, which was ratified by Ireland with the prior approval of the people in the referendum on the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Act 2009.

Ireland has been and is today significantly integrated into migration and asylum policy at the European level. Ireland already participates in the Common European Asylum System and has opted in to and given effect in Irish law to earlier EU measures in this area, including the 2001 Temporary Protection Directive, the 2004 Qualifications Directive, the 2005 Asylum Procedures Directive, the Dublin III Regulation, the 2013 Eurodac Regulation, and the 2013 Reception Conditions Directive. Ireland has also opted in to the one Regulation of the Pact that is already operational, the Regulation establishing an EU Agency for Asylum (EUAA).

It should be noted that Ireland’s opting in to seven measures of the Pact in June 2024 followed votes of approval by both Houses of the Oireachtas, in accordance with the democratic procedures required by Article 29.4.7° iii of the Constitution. Ireland was heavily involved in the negotiation process at official and Ministerial level to ensure that Irish interests were reflected in the Pact measures. Ireland’s representatives in the European Parliament also had the opportunity to examine and vote on the Pact in April 2024.