I welcome the Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, and his officials to the meeting, the purpose of which is to consider a motion concerning the exercise by the State of the option provided under the Fourth Protocol to the Treaty of Amsterdam in respect of a Council directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and measures promoting a balance of effort between member states in receiving such persons and bearing the consequences thereof. I invite the Minister of State to make a brief presentation. Since he has already circulated the text, may we have agreement that if he does not wish to deliver the full text, it will be attached to the report in the appendix and be agreed and laid before the Houses? Agreed.
Council Directive on Displaced Persons: Motion.
I apologise for the unavoidable absence of my colleague, the Minister for Justice, Equality and Law Reform, Deputy McDowell, and thank the members of the joint committee for making time available to discuss the exercise by the State of the option under the Fourth Protocol to the Treaty of Amsterdam in respect of a Council directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and measures promoting a balance of effort between member states in receiving such persons and bearing the consequences thereof.
The purpose of the proposal is to provide immediate protection and entitlements for displaced persons in the event of a mass influx. If it becomes necessary, this protection will be triggered by the Council of Ministers, voting by qualified majority, on the basis of a Commission proposal. Temporary protection, as envisaged, is not a third form of protection alongside refugee status based on the 1951 Geneva Convention and subsidiary protection, rather it is a tool enabling existing protection systems to operate more smoothly and not collapse under the pressure of a mass influx. It does not, however, prejudge recognition of refugee status under the Geneva Convention. The directive provides for access to the normal asylum procedure if the people concerned wish to apply.
The directive establishes minimum standards to ensure a balance of effort between member states in receiving refugees and displaced persons. It provides for protection for a duration of one year with the possibility of an automatic extension by two six month periods. It provides for protection to be provided immediately once the Council has decided the matter by qualified majority based on a report of the Commission that a mass influx has occurred. It establishes norms for co-operation with the UNHCR and lays down the obligations of member states with regard to various matters such as entitlement to social welfare benefits, housing, mechanisms for access to the asylum procedure and so on.
The directive is one of a series of proposals that will develop a common asylum system across the European Union in line with the objectives of the Amsterdam Treaty and the conclusions of the Tempere European Council in October 1999 reiterated at the Laeken European Council in December 2001. In addition, the conclusions reached by those assemblies made it clear that in the longer term Community rules should lead to a common asylum procedure and a uniform status for those granted asylum status valid throughout the Union.
There has already been agreement on a Council decision establishing the European refugee fund.
The Eurodac regulation, establishing a common fingerprinting system, has also been adopted. More recently, the reception standards directive has been adopted at Council while the Dublin II regulation achieved a political agreement in December under the Danish Presidency.
Ireland's participation in the current measure is important in showing our commitment to the development of a common asylum system. Ireland's humanitarian tradition has long been demonstrated through our participation in UNHCR initiatives to accommodate groups of programme refugees including Hungarians, Chileans, Vietnamese, Bosnians and, more recently, Kosovars.
The situation arising in Kosovo was the impetus behind this directive. Following the war in Kosovo in 1999 and the displacement of a large proportion of its ethnic Albanian community, the Government responded to a request for assistance from the United Nations High Commissioner for Refugees by offering temporary protection to refugees of ethnic Albanian origin who had fled from Kosovo to refugee camps in Macedonia. A total of 1,032 refugees arrived in Ireland between May and June 1999. Most of those refugees availed of a voluntary return programme to return to Kosovo during 2000. Approximately 150 Kosovars remained and were granted leave to remain in Ireland.
The Council directive on temporary protection is a useful instrument that allows states to deal with a Kosovo type influx. Last year it was thought we might face a similar situation in Afghanistan but happily that did not come to pass.
The main provisions of the proposed directive are set out in nine chapters. The first chapter outlines the scope and purpose of the directive and defines the main terms used in the text. Chapter 2 covers the duration and implementation of temporary protection. It sets the duration of temporary protection at one year, which may be extended automatically by further six month periods for a maximum of one year. Temporary protection should be established by Council decision adopted by qualified majority on a proposal from the Commission. The Council decision should be based on an examination of the situation and the scale of movement of displaced persons. Temporary protection should come to an end when the maximum duration has been reached or at any time by Council decision adopted by qualified majority. Individual member states are allowed to extend temporary protection in their own state to additional categories of displaced persons from the same country or origin.
Chapter 3 outlines the obligations of member states towards persons enjoying temporary protection. For example, member sates are required to provide those enjoying temporary protection with residence permits as well as visas and transit visas as necessary. They must be provided with a document, in a language they can be reasonably expected to understand, explaining their rights under temporary protection.
Member states are also required to grant those enjoying temporary protection access to the labour market; professional practice, subject to compliance with national standards; education and vocational training; and access to adequate accommodation, social assistance, health care and necessary assistance to those with special needs. This chapter also deals with the issue of family reunification for those enjoying temporary protection and defines which family members are eligible for reunification.
Chapter 4 deals with access to the asylum procedure in the context of temporary protection. Those enjoying temporary protection are granted the right to lodge an application for asylum in the member state in which they are enjoying that temporary protection. However, it provides for member states to refuse to grant individuals the right to enjoy temporary protection and asylum seeker status concurrently.
Chapter 5 deals with return measures after temporary protection has ended. Chapter 6 covers the issue of solidarity. Measures taken under this directive will benefit from European refugee fund funding. Member states are obliged to implement temporary protection in a spirit of Community solidarity and shall indicate the number of persons they can accommodate to the Commission. If the numbers of those seeking temporary protection exceed the total capacity indicated by the member states, the Council shall examine the position and may recommend additional support for the member states concerned.
Chapter 7 deals with the issue of administrative co-operation committing member states to appointing a national contact point and by communicating relevant data as soon as possible. Chapter 8 allows special provisions which provide for the expulsion of certain persons from the temporary protection facility on various grounds.
Chapter 9 covers some final provisions including providing those who have been excluded from temporary protection or family reunification the right to initiate a legal challenge in the member state concerned. It obliges member states to lay down rules and penalties applicable to infringements of the provisions laid down in this directive and provides for the Commission to report to the Parliament and the Council two years after the adoption of the directive on any amendments that are necessary.
In practice, participation in this directive does not change the position which currently exists in Ireland. Under section 24 of the Refugee Act 1996, provisions are made for programme refugees who are given leave to enter and remain in the State for temporary protection or resettlement. Programme refugees enjoy the same rights and entitlements as refugees as set out in section 3 of the Refugee Act. My colleague, the Minister for Justice, Equality and Law Reform, has recognised the possibility of temporary protection in the amendments to the Immigration Bill 2002. Section 2 of the Bill has been amended to ensure that persons deemed by the Minister to be in need of temporary protection will not be impeded in travelling to Ireland.
I would again point out that this proposal is an important part of the proposed common asylum system and it is desirable that Ireland should be in a position to participate fully in this measure. International issues such as asylum and immigration cannot be dealt with effectively at national level alone. An international response is necessary to address the international factors which give rise to asylum claims and migration movements. It is important that EU member states work together to share their experiences and develop a common approach in addressing these matters. It is important, therefore, that Ireland should participate in this measure.
I thank the Minister of State for his presentation. Do members wish to raise queries on the Minister of State's presentation or the directive?
I welcome the Minister of State to the committee and the proposal to opt into this directive. I want to express, as I am sure would all members, the fervent wish that the situations which might give rise to the need for this directive can be avoided in the future but, as the Minster of State said earlier, Ireland has a long history of providing protection for refugees and of responding to international crises. As far back as the 17th century, we provided sanctuary to the Huguenots fleeing religious persecution in France. In more recent times we welcomed displaced people from Hungary in 1956, Chileans in 1974, Vietnamese in 1979 and in 1992 we welcomed people from Bosnia. More recently we welcomed the Kosovar people of whose situation I had personal experience when more than 200 were housed in the former McGee Barracks in Kildare town. They were warmly welcomed in the town and quickly integrated into the local community to the extent that they were repatriated with very positive views of their host country.
I want to ask the Minister of State a number of questions. In the event of a mass influx occurring, to what extent is it envisaged that financial support would be available to us from the EU to shoulder our share of the Union's responsibility? Second, if a mass influx of people is accepted and temporary protection provided, what will be the position of those illegal immigrants in the State on direct provision vis-à-vis their fellow citizens who have come here under the temporary protection provisions? The position in respect of the Kosovars was interesting because a feature of their voluntary repatriation was a grant made available to them to help them return to their country. I heard one Kosovar in Kildare saying he would have had to work for 20 years to amass a saving of approximately £5,000, which was the grant provided by the State in that case. I understand it was £5,000 per adult and £2,000 per child. In adopting this directive, therefore, is it envisaged that member states would put such financial provisions in place to help repatriate those who are taken in under temporary protection orders? Third, we all look forward to the implementation of the common asylum system across the Union but how close are we to the full implementation of that system?
I thank Deputy Ó Fearghaíl for his questions. I appreciate what he said about Ireland's history of humanitarianism dating back to the 17th century and beyond.
On the question of a financial provision, there is a fund called the European refugee fund whose coffers are fairly empty as we speak. It is an issue which is currently under discussion at EU level although I do not believe it will come to a head until the actual situation arises. This directive simply provides the legal mechanism to do what we have to do but if this directive were triggered by the war in Iraq beginning in the next few weeks, the current position is that each state would have to decide how much it could contribute because the cost would largely fall on the member states. The issue of providing a common fund is under discussion at EU level. That is all I can say on the matter. I cannot be more definitive. That is the position.
The position of illegal immigrants already here will not change, except if they happen to be from a country from which a mass influx occurs, in which case they may claim special protective status. Under this regulation, it is envisaged that when there is a mass exodus, we will decide how many we will take from the country from which people are leaving and must make provision for them. We can make provision for a certain number and must make provision for them, regardless of their position. The only people who will be affected will be illegal immigrants from the country concerned who are already here.
I do not know how close we are to the establishment of a common asylum system, the establishment of which is still far down the road, although we are moving slowly towards it. A range of measures have been put in place under the Amsterdam treaty. For example, the principle of a European refugee fund has been established, as have a common fingerprinting regulation and a common policy on reception standards. Other measures have been discussed such as a common definition of the term "refugee" in a procedures directive on matters relating to the Dublin Convention. While we are moving gradually in that direction, I could not even hazard a guess as to how far down the road we are in that regard.
I welcome the Minister of State and support the proposal to opt into the directive. What would be the position if we decided not to opt in? Would our responsibilities be taken over by another country? Article 23 obliges member states to ensure people undergoing specific treatment or who require a level of medical care not available in their own country of origin are not expelled as long as this situation continues. While I understand this, I ask the Minister of State to elaborate on what the last line of the article means. It provides that member states may also take into account the position of families who have minor children at school. Does that mean that if immigrant children are attending school here and the same level of education is not available to them in their own countries, the families concerned will be in a position to apply to stay longer? We have a responsibility to take people in, in respect of which we have a great tradition. If there is a need to look after people from a country in which there is a war or other crisis, each member state will be obliged to do so.
In reply to the Deputy's first question, there is no obligation to opt in. If the situation arises, we are empowered to say that on this occasion we cannot take any people in. We do not envisage that happening but if we did, we would not be in breach of any international obligations or legal provisions. We will have the right to say "No" on occasion.
In relation to Article 23 regarding minor children, my understanding is that if the period of residency comes to an end and children are still at school, it is envisaged that the children will be allowed to stay to complete the current school term in that they will not be pulled out of school in the middle of a course. This provision is not related to standards of education, as in the case of the section dealing with standards of health care, rather it is related to children completing the current school term or a current course.
I concur with Minister of State's comments. I join those who said they would be in favour of opting in. As has been rightly said, we have a good tradition in this regard stretching back over 40 to 50 years. However, we now live in different times. While I am not entering a caveat, how would we deal with a situation if there was a mass exodus now? Given the propensity of terrorism and terrorist cells to infiltrate in the case of some refugees exiting their countries, how can we screen refugees in an emergency to ensure the risks we are taking are manageable?
Under the directive, we are entitled to refuse if we regard people as a threat to the security of the State or envisage or suspect that they are members of a terrorist group. Screening and identifying are matters for the Garda. There is nothing extra in the regulation, directive or protocol that would assist us in that regard. We have the right to weed out people coming in. In such situations we would say how many people we could realistically take in. Usually, it will be a fairly manageable number which should make it possible to identify such people. Article 28 gives member states the power to do this. It provides that they may exclude a person from temporary protection if there are serious reasons for this as set out in paragraphs (a), (b), (c), (d), (e) and (f).
Am I right in saying this regulation will not kick into place unless there is a mass exodus from another state into the European Union? In that context, will the Minister of State clarify whether all immigrants who arrive here are currently required to be fingerprinted? Has this requirement been agreed and is it being implemented? Is the Minister of State saying that if refugees were to come here, under this mass exodus regulation they could stay for two years? I understand he said that such refugees would have protection for the duration of one year with the possible automatic extension of two six month periods?
The Commission requires the Council of Ministers——
It triggers it.
Yes. It requires the Council of Ministers to decide whether there is such a situation. It will determine this by qualified majority vote. That is what triggers it. All asylum seekers must be fingerprinted——
Is that the case at present?
Yes, since November 2000. Did the Chairman ask another question?
Yes, I asked about the two year period provided for under the regulation. The regulation provides protection for a duration of one year with the possible automatic extension of two six month periods. Does this apply only in regard to a mass influx?
Yes.
Have migration levels across Europe stabilised in the past two or three years vis-à-vis what the position was in the previous decade? How do they compare to mass migration levels from places such as Mexico to the United States? The Minister of State might not be able to answer that question. There was a significant increase in the number of immigrants coming here from 1995 to 2000. Have the numbers levelled off?
Yes, it seems that they have. I have a large document which I do not propose to read but I am sure we can make a copy available to the Deputy.
We can attach it to the report.
That is an excellent suggestion.
Shall we do so? Is it agreed that we attach the document to the report? Agreed. I thank the Minister of State and his officials for attending. The discussion has raised a number of important points to which no doubt the joint committee will return in due course. We will meet the Minister of State again shortly. The select committee will commence Committee Stage of the Criminal Justice (Illicit Traffic by Sea) Bill 2000 in 15 minutes.