Dáil Éireann Debate, Wednesday - 8 May 2024
380. Deputy Ivana Bacik asked the Minister for Justice if she will report on the written standard operating procedure for returning asylum seekers between the UK and Ireland, as agreed in November 2020; and if the document is publicly available. [20493/24]
View answer381. Deputy Ged Nash asked the Minister for Justice to provide a copy of the written agreement with the UK in November 2020 that seeks to protect the integrity of the Common Travel Area between Ireland and the UK, and which, it is reported, provides for reciprocal returns of asylum seekers who are deemed inadmissible; and if she will make a statement on the matter. [20522/24]
View answerI propose to take Questions Nos. 380 and 381 together.
I can assure the Deputy that I am fully committed to ensuring that Ireland’s International Protection system is robust, and rules based, and that our borders are protected.
As the Deputy will be aware Ireland and the UK share a common interest in the effective operation of the Common Travel Agreement, and work closely together to prevent any abuses of the CTA.
There has been a reciprocal arrangement on returns in place between Ireland and the United Kingdom since Brexit. This arrangement is detailed in a standard operating procedure agreed in November 2020 between the Home Office and the Department of Justice. This document is not publicly available as it is not the practice to put operational procedures in the public domain so as to any avoid any impact on the effectiveness of such operations. We have a long history of working closely in a spirit of positive cooperation with the UK on immigration matters, including a shared focus on protecting vulnerable people and maintaining the integrity of the Common Travel Area.
The Standard Operating Procedure sets out these shared objectives and sets out an outline of workflow processes, and best practice for repatriation while ensuring the process is administered fairly within approved policy guidelines.
The procedure is an operational guide for processes rooted in the following legislation:
In Ireland:
• The International Protection Act 2015
• Part 18 of the Withdrawal of the UK from the EU (Consequential Provisions) Act 2020 which deals with cooperation on international protection matters.
In the UK:
• The Immigration Rules Part 11
• Asylum and Immigration (Treatment of Claimants etc) Act 2004
An Irish High Court decision in March raised questions in relation to the provisions in Irish legislation dealing with the designation of safe third countries and the return of persons found to be inadmissible to other states. I recently secured Cabinet approval for legislative proposals to address those concerns, allow for the designation of safe third countries and the return of persons sound to be inadmissible to other states. This builds on other recent initiatives to strengthen the international protection system in Ireland.
