Dáil Éireann debate -
Tuesday, 11 Mar 1997

Vol. 476 No. 2

Written Answers. - EU Asylum Rights.

Ray Burke

Question:

41 Mr. R. Burke asked the Tánaiste and Minister for Foreign Affairs if he will give details of the Government's and the EU's reaction to a statement made on 21 February 1997 by five human rights organisations which claimed that a draft amendment to the EU Treaty discussed in the Intergovernmental Conference over the right to asylum would violate the obligations of member states in terms of international treaties. [6595/97]

Tánaiste and Minister for Foreign Affairs (Mr. Spring)

The Intergovernmental Conference which opened in March 1996 is considering possible amendments to the EU Treaties. It is open to any member state to table proposals for treaty changes at the Intergovernmental Conference. However, any Treaty changes must be agreed unanimously.

One member state has tabled a proposal designed to ensure that no member state shall agree to process an application for asylum or refugee status submitted by a national of another member state.

The Irish Presidency's outline draft Treaty, which was accepted by the Dublin European Council in December as a good basis for the further work of the conference, does not contain a suggested draft Treaty amendment in this area. It does however recall the important proposal which had been tabled and which should be considered further by the conference.

The Dublin European Council asked the Intergovernmental Conference "to develop the important proposal to amend the Treaties to establish it as a clear principle that no citizen of a member state of the union may apply for asylum in another member state, taking into account international Treaties".

The proposal is now receiving detailed consideration at the conference. Ireland's position is that we very much understand the concerns which led to the tabling of the proposal. At the same time, we consider, like other member states, that it gives rise to a number of complex legal and other questions such as those identified by the organisations referred to by the Deputy.

These questions, including the compatibility of the proposal with existing international obligations, will need to be fully examined before the proposal can be taken further.

The Intergovernmental Conference has not reached the stage of definitive agreement on the various issues which it is considering. Negotiations are continuing under the Dutch Presidency and the conference remains set to conclude in Amsterdam in June.