EU Migration: Motion [Private Members]

Senator Lynn Ruane

I move:

“That Seanad Éireann:

recognises that:

- seeking asylum is a fundamental right under the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol;

- every person’s right to seek asylum in a safe country is enshrined in the United Nations Universal Declaration of Human Rights;

notes with concern that:

- an estimated 27,000 people seeking refuge have died or gone missing in the Mediterranean Sea since 2014;

- the estimated figures for those dead or missing are reported to be greatly underestimated;

- over the past decade the European Union has enacted policies which seek to prevent asylum seekers from reaching Europe’s borders and claiming asylum in Member States;

- the European Union has operationalised a number of migration control policies, such as the Malta Declaration, which fund non-EU states, such as Libya, to intercept people attempting to cross the Mediterranean and detain them;

- a number of objectives of the Malta Declaration have clearly failed, namely the ‘determination to act in full respect of human rights, international law and European values’ and to ‘to ensure adequate reception capacities and conditions in Libya for migrants’;

- conditions experienced by refugees at external borders funded by the European Union, including in detention centres in Libya and Greece, represent a fundamental violation of human rights and are a cause of suffering for those seeking safety;

- the European Commission, this year, has proposed a new migration deal with Tunisia which would commit €105 million to the Tunisian Government for migration control;

- illegal pushbacks of people seeking asylum have been reported at Europe’s borders, with one estimate from Belgian NGO 11.11.11 reporting at least 225,533 pushbacks had taken place in 2022;

- reports have emerged from the European Anti-Fraud Office and Amnesty International regarding the complicity of the European Border and Coast Guard Agency, Frontex, in such pushbacks;

- in 2022, due to such reports alongside wider issues with Frontex organisation, the European Parliament’s Budgetary Control Committee voted not to discharge Frontex’s 2020 budget;

- the recently negotiated European Union Pact on Migration and Asylum seeks to transfer more responsibility to countries outside the European Union and to further harden Europe’s borders;

- although 85% of the world’s refugee population are living outside Europe, with 76% in low and middle-income countries, a number of European Union Member States are committed to preventing people seeking asylum from reaching Europe;

regrets that:

- European Union Member States, including Ireland, have moved from search and rescue missions to surveillance missions;

- the Irish Government in 2017 entered the EU Operation Sophia which resulted in the redeployment of Irish Naval Service vessels from primarily humanitarian search and rescue operations to primarily security and interception operations;

- the number of people rescued by the Irish Naval Service fell from 8,592 in 2015 to 1,888 in 2018 after the change in policy regarding search and rescue;

- Operation Sophia completely ceased search and rescue operations in 2019;

- Operation Irini, which replaced Operation Sophia, does not have a search and rescue mandate;

- across Europe, civil society organisations and activists who are engaging in search and rescue missions are increasingly criminalised for engaging in life-saving humanitarian work;

- the principles of human dignity, freedom, equality and solidarity, stated in the Charter of Fundamental Rights of the European Union to be founding values of the Union, are being undermined by increasingly hostile migration control policies which do not reflect those founding values and which breach European and international law;

further notes:

- Article 78 of the Treaty on the Functioning of the European Union and Article 18 of the Charter of Fundamental Rights of the European Union enshrine the right to seek asylum;

- Article 4 of Protocol 4 of the European Convention on Human Rights prohibits collective expulsions;

- the 2021 Report from Amnesty International, the European Council on Refugees and Exiles and Human Rights Watch entitled ‘Plan of Action: Twenty Steps to Protect People on the Move Along the Central Mediterranean Route’;

calls on the Government to:

- enter negotiations for bilateral agreements which would allow the Irish Naval Service to resume search and rescue operations in the Mediterranean;

- provide, in the short-term, logistical and financial support to civil society groups engaging in humanitarian missions in the Mediterranean;

- engage with colleagues in the European Commission and the Council of the European Union to amend Operation Irini and include a firm search and rescue mandate;

- urge colleagues in the European Commission and the Council of the European Union to carry out a review of European Union migration policy which focuses on compliance with European and international law, with a particular emphasis on human rights law, in third countries at the external European land and sea borders;

- seek in the final negotiations on the European Union Pact on Migration and Asylum to ensure that responsibility for persons seeking asylum is not further abrogated to third countries but is embraced as a responsibility of European Union Member States;

- engage with fellow European Union Member States and third countries to ensure the provision of safe routes for persons seeking asylum in Europe;

- work with European Union colleagues to ensure that rule of law is upheld and that illegal pushbacks are stopped;

- advocate with the European Commission and colleagues on the Council of the European Union for an independent inquiry into the role of Frontex in illegal pushbacks of persons seeking asylum;

- work with the European Commission and colleagues on the Council of the European Union to implement the 2021 Report from Amnesty International, the European Council on Refugees and Exiles and Human Rights Watch entitled ‘Plan of Action: Twenty Steps to Protect People on the Move Along the Central Mediterranean Route’;

calls on the European Commission and the Council of the European Union to:

- end the policies which seek to harden Europe’s external borders and place persons seeking asylum in detention conditions in third countries which violate their human rights;

- urgently revise the European Union Pact on Migration and Asylum to ensure that the collective European response to persons seeking asylum in Europe is founded on the principles of human dignity, freedom, equality and solidarity enshrined in the Charter of Fundamental Rights of the European Union;

- cease funding to third countries given for the purposes of detaining persons seeking asylum and stopping them from reaching Europe;

- urgently review the conditions in detention centres in third countries which are in receipt of European Union funding for migration control;

- ensure safe routes for persons seeking asylum which support the rights of those persons to seek asylum in European Union Member States;

- revise Operation Irini to include a search and rescue mandate;

- establish an independent inquiry into the role of Frontex in illegal pushbacks of persons seeking asylum;

- implement the 2021 Report from Amnesty International, the European Council on Refugees and Exiles and Human Rights Watch entitled ‘Plan of Action: Twenty Steps to Protect People on the Move Along the Central Mediterranean Route’.”

Senator Frances Black

I second the motion.

Senator Lynn Ruane

I am sharing time with Senator Black.

I welcome the Minister of State, Deputy Browne, to the House. The Civil Engagement Group has tabled this motion because for a long time we have been deeply concerned about the way in which Europe has hardened its borders over the past decade, in our capacity as both European citizens and European parliamentarians. As Europeans, this hardening of borders is being carried out in our names. The tragic deaths we have seen in recent weeks in the Mediterranean Sea are directly related to European migration and border policies, for which we all bear some responsibility, whether we wish to acknowledge this or not. As the motion outlines, it is estimated that 27,000 people seeking refuge in Europe have drowned or gone missing in the Mediterranean Sea since 2014. These figures are widely understood to be a significant under-estimation.

Last week, on World Refugee Day, activists in Berlin read out the names of those 27,000 people. It took 32 hours. These are 27,000 people who came to our continent because they were fleeing war, persecution, the climate crisis and other horrific circumstances and were not met with anything close to resembling the founding values of the European Union, namely, human dignity, equality and human rights. Instead, they were met with hard borders and hard hearts that were constructed to keep asylum seekers outside of Europe. I want people to keep this in mind when they read the Government's counter motion to this motion, to take in the contribution in relation to this, and to ask themselves why there is a counter motion in this regard.

Over the past decade, European policy has increasingly been about keeping asylum seekers outside Europe. The deals that have been done with countries such as Libya had Turkey have resulted in systemic violations of fundamental human rights. I use the word "systematic" because the system we have designed is enabling this. Prior to 2017, the Irish Naval Service was engaging in search and rescue, SAR, missions in the central Mediterranean Sea through bilateral treaties. In 2015, our Naval Service rescued 8,592 people from the Mediterranean Sea. In 2017, we were to enter the EU's Operation Sophia, but the then Minister of State at the Department of Defence, Deputy Paul Kehoe, told the Dáil that:

Transferring to Operation Sophia will result in the redeployment of Irish Naval Service vessels from primarily humanitarian search and rescue operation to primarily security and interception operations.

The result of this change in policy is clear. By 2018, the number of people the Naval Service rescued fell to 1,888 and in 2019 Operation Sophia stopped search and rescue completely.

Operation Irini, the successor to Operation Sophia, does not have a search and rescue mandate at all. Instead, we see the Libyan coastguard being notified when a ship is attempting to cross. If they make it to the ship, those people will be returned to detention centres in Libya where they will face horrific conditions which I will discuss further in a moment.

The agreement the EU made with Libya was formalised in the 2017 Malta Declaration, which had a number of objectives, including the "determination to act in full respect of human rights, international law and European values" and "to ensure adequate reception capacities and conditions in Libya for migrants". Both of these objectives have clearly failed. It is also important to recognise that across Europe, civil society groups and NGOs have been criminalised for engaging in search and rescue. They are being criminalised merely for attempting to fill the gap that was left by EU countries when they abandoned their search and rescue responsibilities. We are all aware of the case of Seán Binder, who was put on trial by the Greek authorities, supposedly for espionage. Mr. Binder and other humanitarian workers were disgracefully targeted for their search and rescue work as part of wider criminalisation across Europe. This must stop. Our motion calls on the Government not only to work to end this criminalisation but to support the essential work these organisations do.

When migrants are returned to Libya, they are faced with hell on earth. Hundreds of millions of European taxpayers' money is being spent to fund centres where torture and violence are commonplace. I commend the Irish journalist Sally Hayden for her role in reporting on this, particularly in her excellent book, My Fourth Time, We Drowned. In Libyan detention centres, people who are seeking asylum are faced with violence, sexual violence, torture and murder. The conditions also cause disease, such as tuberculosis, TB, which can spread. Ms Hayden reports on the experience of people in the Tariq al-Sikka detention centre during a TB outbreak where people were left with no assistance. In Tripoli's Shara al-Zawiya centre, former detainees reported that guards raped women, and some were coerced into sex in exchange for their release or for essentials such as clean water. People who speak up against such abuses are tortured or, in some cases, are disappeared. Imagine what such gross violations of human rights will do to a person, their body and their mind. One story that stuck with me is that of a 20-year-old man who was trapped in a detention centre where the conditions were so horrific that he set himself on fire.

I could recount hundreds of stories of unnecessary human suffering, but instead, I will read a quotation from one of those who lived through the hell of this detention centre: “People want to die in the sea rather than in the detention centres"; "At this time human rights are sleeping"; "Life is very cheap". One quotation from the former head of policy and development at the UN Refugee Agency, the UNHCR, is also particularly striking: "One day I hope everyone will look back with incredulity on the EU's complicity with human rights abuses in Libya and the UN's failure to speak out on this matter." These abuses are not solely carried by militia's or human traffickers, but they happen in centres that are run by the EU-backed Libyan Government of National Unity.

Amnesty International, Human Rights Watch and Médecins Sans Frontières have all condemned the EU's complicity in this. A 2021 report from Amnesty International highlighted that despite pledges to close the Directorate for Combating Illegal Migration centres, similar patterns of violations have been reproduced in newly opened or re-opened centres. At an EU-level, instead of ending this shameful complicity and establishing safe routes, we have seen more calls for harder borders. Earlier this year, the leader of the European People's Party in the European Parliament, Manfred Weber, put out a statement regarding migration policy. In it, he called for the building of fences along the external border and for the construction of registration and reception centres outside Europe's borders. Let us be very clear; these are the policies of the far right. Parliamentarians from across political divides were very happy in 2016 to call out Donald Trump and his border wall for what it was. Why are we not doing the same thing when European politicians are calling for effectively the same on our continent?

Senator Paul Gavan

Well said.

Senator Lynn Ruane

I also note that many European politicians decried the role of traffickers in the shipwreck that occurred near Greece this month. Let us be very clear; the best way to combat trafficking is to ensure safe routes so that people can have their asylum claims heard in Europe.

If safe routes were provided, traffickers would have no business model and so it is the duty of Europe to provide those safe routes. This leads us to a fundamental question. Why do we, who are born in the safety of Europe through absolute moral luck and nothing else, work to make this continent a more unwelcoming place? Those founding principles of the European Union, including human dignity, equality and human rights, are values that I believe in but where are they now? What we have instead is a Frankenstein version of European values; a reality where we are both creator and monster. Earlier this year, my colleague Senator Higgins asked the following question in response to comments from the Taoiseach that migration policy should be hard, firm and fair. How is it fair that EU countries that have a long history of ransacking African countries for their wealth and resources, which has contributed to the climate change that makes parts of the world uninhabitable, continue to focus their efforts on identifying how they can be more unwelcoming, rather than on how they can ensure the world is habitable place?

In bringing this motion, we want to show that there can be accountability and that we want the Irish Government, the European Commission and the Council to live up to the founding values of our Union. I am arguing that all parties should support this motion and reject the Government's amendment, because this situation cannot be allowed to go on. There must be accountability and justice for what has happened and what is happening. Tonight, people from parts of the world rife with conflict, violence, climate breakdown and poverty are sitting in detention centres in Libya, or in dire conditions in other places at Europe's external borders. They deserve a safe future as much as we do. I commend this motion to the House.

Senator Frances Black

I am proud to be here alongside my Civil Engagement Group colleagues and I am pleased to second this important and timely motion. Senator Ruane has already outlined many of the devastating facts about this crisis and the ways that the EU institutions are complicit in human rights abuses suffered by refugees. I want to speak about the lethal practice of pushing back refugee boats and my disappointment with the Government's amendment.

The drowning of hundreds of refugees after the sinking of the Adriana off the Greek coast a week and a half ago should have been more shocking than it is. It should have instigated a Europe-wide reckoning with the cruelty of our border regime and the rampant illegal behaviour of certain EU member states in their treatment of people fleeing war, deprivation and injustice. Unfortunately, it has not done so. Mass death on Europe's sea borders has become routine. I am concerned about an ecosystem of bureaucrats, politicians and media figures peddling alarmist disinformation about the migrant crisis with the goal of hardening people's hearts and securing resources and political consent to construct and maintain a militarised and racist border policy.

The Government's amendment speaks about a European policy of breaking the business model of people smugglers, and this is nonsense. The business of people smuggling has emerged because desperate people cannot travel to Europe and make asylum claims or reunify with families through conventional and legal means. Seeking asylum is a right under the Refugee Convention. EU member states have tried to curtail that right by putting physical and administrative barriers between refugees and the sites where they can claim asylum. As detailed in Sally Hayden's journalism, some of the guards in these EU-funded detention centres that Senator Ruane mentioned are involved in smuggling. Europe's repressive and exclusionary policies have created the massive market for people smuggling and the only way to end this practice is to create a humane and legal pathway for people seeking safety.

The Government's amendment strips away any mention of documented engagement by EU member states or Frontex in the pushback of migrant boats. These pushback operations, which have been documented by NGOs like the Greek Council for Refugees, and reported in reputable news sources such as the The New York Times, The New Yorker and The Guardian, risk the lives of migrants and violate the principle of non-refoulement, which is a key provision in the international law governing refugees. The Greek Council for Refugees has taken legal action on 11 different pushback incidents. Greece has removed people from its coastal territory, despite interim court orders forbidding it from doing so. The Greek Council for Refugees has recorded instances of physical and sexual violence, as well as unlawful and informal detention employed during these pushback operations. The Greek coast guard and Frontex are leaving boatloads of people stranded in horrific and dangerous conditions. Not only are European institutions failing to provide adequate search and rescue services but they are actively making an already dangerous situation worse.

The Government's amendment promises that Ireland will be a voice for upholding refugee human rights and international law within EU institutions. How can it credibly claim this if it is afraid or unwilling to name the bad actors implicated in human rights abuses and illegality? In lieu of mentioning the actors implicated in these illegal pushbacks, the Government's amendment claims that it will "continue to support the mandate of the UN Special Rapporteur on the human rights of migrants". I want to outline the issue in the words of the United Nations special rapporteur. He said that in Greece, "pushbacks at land and sea borders have become de facto general policy". The Government's amendment does not appear supportive of the UN special rapporteur to me. The Government’s reticence to speak about the illegal actions of Frontex and the Greek and Italian coast guards, among other organisations, is made all the more bizarre when all 13 of Ireland's MEPs, including members of all the Government parties, have collectively signed a letter organised by Oxfam requesting the European Commission to take action to stop the illegal and immoral activity.

In March, the annual report of the Council of Europe's Committee for the Prevention of Torture found that during pushbacks at European borders, guards use inhumane and degrading treatment, such as firing bullets close to people's bodies while lying on the ground; pushing them into rivers; removing their clothes and shoes, and forcing them to walk barefoot - even fully naked - across the border; using unmuzzled dogs to threaten or even chase foreign nationals; and depriving people of food and water for prolonged periods. These reports add to the significant body of evidence gathered by the European Union Agency for Fundamental Rights, the Council of Europe's Committee on Migration, Refugees and Displaced Persons and several other NGOs, including Oxfam, Médecins sans Frontières, Amnesty International and Human Rights Watch.

The human rights abuses that our motion highlights are happening in plain view across the Mediterranean. Journalists, lawyers, activists and NGO workers are doing unbelievably heroic work to highlight this illegal behaviour and provide practical aid to people in acute need of support and compassion. The bare minimum the Government can do is acknowledge the reality of this situation and the amendment to the motion fails even that modest test. This is profoundly disappointing. Standing up for the principles of human rights and international law in an increasingly lawless, cruel and racist European political environment requires courage but it is the right thing to do. I ask the House to fully support and get behind our motion.

Senator Fiona O'Loughlin

I move amendment No. 1:

To delete all words after “recognises that” and substitute the following:

- “seeking asylum is a fundamental right under the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol and the Charter of Fundamental Rights of the European Union;

- every person’s right to seek asylum in a safe country is enshrined in the United Nations Universal Declaration of Human Rights;

notes with sympathy and concern:

- the recent tragic and avoidable loss of life in the Mediterranean;

- too many people have lost their lives attempting to reach the European Union, often aided by criminal traffickers and smugglers;

further notes that:

- migration is a European challenge that requires a European response, which should include comprehensive policies in relation to both the internal and external dimensions of migration, with full and due respect for fundamental rights under European Union and International law;

- over the past decade the European Union has sought to break the business model of traffickers and smugglers to prevent people making perilous journeys to reach the European Union;

- the most recent Strategic Review of Operation IRINI concluded that the Operation should continue contributing to the detection and monitoring of human smuggling and trafficking networks within its Area of Operation;

- further progress is needed to address the root causes of irregular migration in order to deter people from undertaking perilous journeys to reach the European Union, to prevent loss of life and to reduce pressure on reception capacities across Member States of the European Union;

- a whole of Government approach is needed within both European Union Member States and European Union institutions to effectively address the challenges posed by irregular migration;

- Ireland stands firm in our commitment to respecting and upholding the fundamental rights of those in need of international protection, in full compliance with our obligations under domestic, European Union and International law;

- Ireland recognises the obligation on Member States to promote and protect the human rights and fundamental freedom of all migrants, regardless of their migration status;

- Ireland emphasises the importance of a gender-responsive approach by States to migration that contributes to achieving gender equality and the empowerment of all migrant women and girls, who face particular vulnerabilities;

and calls on the Government to:

- continue to work with the European Commission and the Council of the European Union to develop and implement a comprehensive approach to migration policy, which includes increased action in the external dimension alongside a more harmonised approach to internal aspects, in full compliance with European Union principles and values, European Union and international law and with due respect for fundamental rights;

- contribute to the development and implementation of European Union Action Plan for priority third countries across all migratory routes to effectively address the root causes of migration;

- continue to engage with European Union Member States and European Union institutions to ensure coordinated engagement with countries of origin and transit with a view to developing mutually beneficial partnerships to promote safe, regular and orderly migration;

- continue to co-sponsor resolutions on the human rights of migrants at the UN Human Rights Council and Third Committee of the UN General Assembly;

- continue to support the mandate of the UN Special Rapporteur on the human rights of migrants, and regularly engage with the Special Rapporteur in the context of the UN Human Rights Council – including during the current session, ongoing in Geneva - continue to cooperate with international organisations, most notably the International Organization for Migration and UNHCR;

- contribute to the development of greater situational awareness of migratory flows and trends both into and within the European Union, as well as reception capacities in Member States;

- work with European Union Member States and European Union institutions to finalise negotiations on the Pact on Migration and Asylum as soon as possible to ensure much needed reforms to the Common European Asylum Systems can be introduced without delay.”

I thank the Minister of State for being here. Before I talk about the text of the motion I might say a few words about migration in general. I acknowledge Senator Gavan's work in the Council of Europe Committee on Migration, Refugees and Displaced Persons. We all know that migration is not new because we are familiar with the history and literature of travels all around the world by people leaving their countries for different reasons. We have to acknowledge that as wars are fought, sea levels rise and climate change happens, people are going to move, as they have done through the centuries. It is sadly a fact that migration into and around Europe in the last decade or so has met negativity, fear, resentment and, in many situations, false or fake news. There is much we need to do in this area. The positive integration of migrants and refugees in our countries is paramount to minimise the fear and resentment that is out there. There are many studies that show that host countries benefit from the successful integration of migrants and refugees. To achieve this, there needs to be a fair and balanced distribution of the migrant population across Europe and host countries to avoid ghettoisation. Many things need to be put in place such as interpretation, language and citizenship training and targeted assistance with housing, health and education.

Above all, it is important that communications on migrants and refugees coming to our country or indeed other countries need to be fair, factual and timely. We have not always seen that.

Every country’s recognition of skills obtained abroad is of fundamental importance. I know everyone here has met many people, as I certainly have, with desired skills that we need in this country but unfortunately, those skills are not recognised. These refugees, migrants and immigrants find it difficult get a job, let alone one they are actually qualified for and one that we need. All front-line staff need intercultural training to be able to give the best possible experience to our refugees and immigrants.

On today’s debate, I proposed and support the Government’s counter motion. I acknowledge that on 8 June, the Justice and Home Affairs Council agreed the general approach for the asylum and migration regulation and the asylum procedure regulation. These are two key measures that aim to create a fairer, more efficient and more sustainable migration and asylum system across the EU member states. The Minister of State, Deputy James Browne, led the Irish delegation during the council negotiations and I acknowledge and appreciate that. The negotiations between the Council of the European Union and the European Parliament are set to begin soon with the hope that new measures will be agreed next year.

We cannot but speak about - as I just listened to Senator Black do so - the recent boat disaster in which hundreds of people tragically lost their lives. Sadly, we do not know the number. We hear it could be anything up to 500 people. There may have been between 400 and 750 people on the boat and not one life jacket among them, which is absolutely shocking. From what I understand, 82 people were confirmed dead. However, that is a very conservative figure. We have to be absolutely traumatised by hearing of such deaths in such numbers on the shores of Europe. Many of those missing are thought to be women and children who were held below the deck. Most of the people were from Pakistan, some from Kashmir. Every time we hear of something such as this, there is an outpouring of grief and yet we absolutely do not do enough in relation to it. It is beyond time that all of the countries of Europe agreed a humane and proper way to do deal with people who are running and fleeing from persecution. It was appalling to see the legislation going through Westminster recently with regard to banning the boats and not looking the real reasons people are leaving in boats and putting their lives at risk. There is no simple answer but we all have to do more.

Senator Joe O'Reilly

I second the Government amendment. The great scandal and tragedy of our age and the horror in human terms has been the treatment of migrants, whether it is the ultimate, which is people who drowned for wanton neglect, misadventure, too many people on boats etc., people who are trafficked for sexual purposes or people who are enslaved in various ways. It is the scandal of our time. I salute the Civil Engagement Group for tabling this motion. It is an excellent and timely discussion.

The horror in all our minds at the moment is the recent drownings. As Senator O’Loughlin mentioned, 82 died – I had a note that stated 78 – but it is many more, I am afraid. From the excellent article written by Sally Hayden in The Irish Times recently, we note that 51,000 people have died since 1993, 27,000 of whom have died since 2014 and those who have not died have experienced extraordinary trauma. Some 84% of those who died are officially unidentified, which is a horror in itself. There is obviously huge human suffering. They belong to families, as Sally Hayden correctly points out and so on, and that we cannot ignore.

I am proud of the Irish mindset and I was very proud of all the villages and towns across this country in that respect. Recently, it was the question of the Ukrainian displaced people but there were also the Syrian refugees and various refugees in villages and towns. What was interesting was not that there was a little protest or right-wing grouping. They are making a protest but what was interesting, including in my own village, is that in excess of 99% of the population had no hand, act or part in such protest and embrace people. We can be proud of Ireland in that regard. We have every reason for that to be the case when we remember the 1 million people who were forced out in emigration at the Famine, the 1 million who died in the coffin ships and all of that. We have every reason. It is in our psyche and we should be the way we are. It is worth taking a bow in passing, if you like, as a people, and perhaps we public representatives can reinforce and congratulate the people. There has been a focus on the few people who protested; there has not been on a focus on the silent, vast majority who had no hand, act or part in it, of which I am very proud.

There is a mindset issue in Europe. Because of our demographics now and the labour shortages etc., we should embrace and realise that there is need for migration and new people to come into Europe. This was recognised by Angela Merkel but it needs to be recognised across Europe that we need people to come in in various sectors, such as hospitality, right across to intensive agriculture; you name it. There are huge labour shortages across the board right through Europe. There is an interesting demographic; there is an ageing population and a highly-educated population, many of whom will not take on roles, so there needs to be a changed mindset there. We also need another change of mindset. There should be that welcoming mindset, seeing them as an opportunity.

We also have to look to relieving the debt on the countries from which these people are being pushed out. We have to look at development policies. We need Marshall aid plans for the countries from which the migrants are being pushed out. That needs to be done.

The purpose of the Government amendment is not so much to disagree in principle and take issue with the broad thesis – that is not an issue - rather, it is to put a bit of focus on what the EU has been doing. There has been a recent agreement on migration and asylum and the Oireachtas has opted in to a regulation on the European Agency for Asylum; that was completed on 22 March 2023. On 8 June, our Minister of State was one of the home affairs ministers who reached agreement, and I assume he will elucidate that later. Two of the most central legislative acts of the asylum and migration pact are the asylum and migration management regulation and the asylum procedure regulation, APR. These initiatives are important. Our approach has to be Europe-wide. We have to be part of a Europe-wide response. We cannot respond in isolation to the European situation. The point of the amendment is to emphasis that, not to challenge the central thesis or the contention that this is a human crisis, an attack on humanity and that it is evil and wrong on all fronts.

That is not the challenge. The challenge is to bring further into focus what the EU has been doing. However, as Senator O'Loughlin has said, there is a need to do more. Of course there is. There is a need for a change of mindset and for a new approach to the countries that are the source of the migrants through something like Marshall aid or development funding and debt relief. A number of these countries are crippled by the debt they are being held under by the International Monetary Fund. That needs to be looked at. There also needs to be a change of mindset in Europe with regard to the potential of these migrants to enhance our society. It is a worthwhile debate. I will leave it at that. It is something to which we should return often.

Senator Tom Clonan

I commend this Private Member's motion from our colleagues in the Civil Engagement Group. We should all be greatly exercised by this. We all remember the name of Alan Kurdi, the little boy whose body was washed up on the beach in 2019. That image is iconic. It was supposed to be emblematic or symbolic of the end of something. We were supposed to be united in our resolve to end the phenomenon of people drowning in the Mediterranean in large numbers. However, the numbers drowning in the Mediterranean have, in fact, accelerated since then. I am very conscious of the language we use around this. Shamefully, many Irish media outlets refer to these people as migrants. They are not migrants; they are people fleeing for their lives from the effects of climate change and conflict. We have to try to identify with these people.

We have heard some figures, including the figure of 50,000 since 1993. While I believe that is only a fraction of the numbers who have drowned, 50,000 is an entire leaving certificate cohort. Can you imagine every single one of the teenagers and young adults in Ireland, our sons and daughters, including my own, who finished the leaving certificate exams this week, a whole demographic cohort, drowned in the Mediterranean? Drowning in saltwater is different from drowning in fresh water. The effect of saltwater entering the lungs causes the blood and other products in the lungs to cross the alveolar membrane and creates a really viscous liquid in the lungs. People basically drown in their own fluids. The salt in the trachea and other parts of the larynx cause spasms. It is an extremely painful way to die. People in that situation struggle and thrash about. Can you image the situation of the 200 people who were recently locked in the hold of an unsuitable vessel? Can you imagine 200 to 300 people in that space, including elderly people, infants, children and adolescents with their whole lives in front of them, struggling and dying in that way? We were quite rightly appalled and moved by the tragic death of the five people who went down on a submersible to view the wreck of the Titanic. Particularly poignant was the case of the father and son. It was tragic and unthinkable but that can be multiplied a hundredfold or a thousandfold in the Mediterranean.

I have a lot of contacts in that community and they tell me that, in much the same way as there was a selection in previous times, people traffickers and people smugglers consider different types of human beings to be of greater or lesser value. Hundreds of children have been placed on vessels that these people know are going to sink because they are considered disposable and the easiest way to get rid of them is at sea. Think about that. That is what is happening on our watch. Nobody puts a child or a loved one into a rubber dinghy and puts them into the Mediterranean or, for that matter, the channel between Calais and Dover because they want to get a job at Starbucks in Hamburg or to avail of our social welfare systems. That is not the case. These are people who are absolutely in extremis. As Senator Joe O'Reilly said, our own ancestors had to flee this country in coffin ships.

I believe we have a unique voice. This week, I attended the consultative forum on defence and security in Dublin Castle. There was a great discussion on how we should use our national means. There were panels from all over Europe made up of security institutes and academics. They talked about the ways in which we can maximise the efficacy of our national assets like our vessels, our air crew and our naval personnel but Ireland should really be in the business of reconciliation, peace and saving lives. In the spirit of this proposal, I ask the Government to talk to our colleagues in Brussels and Strasbourg and to get them to reverse the decision to move to security operations in the Mediterranean, such as Operation Irini and Operation Sofia, which went before it, and to return to search and rescue operations. A classmate of mine who was in the Naval Service, pointed out the LÉ Samuel Beckett in Dún Laoghaire Harbour and told me that, when he was commander of that ship, the crew had saved 2,000 men, women and children and brought them to safety. Those people are now making a great contribution in Europe.

I commend this Bill but I ask everybody to remember who we are talking about. We are talking about our fellow human beings, our brothers and sisters, drowning in this awful way. I ask the Minister of State to talk to his colleagues in Europe, members of European parliamentary groups, and to ask them to reverse that decision and to return to search and rescue.

Senator Paul Gavan

The Minister of State is very welcome. I will begin by commending colleagues in the Civil Engagement Group for this excellent and extremely timely motion. Senator Clonan was quite right to highlight the contrast between coverage of the tragic circumstance of that submarine in which five billionaires drowned and the absence of anything like that coverage for the 750 human beings who drowned in the Mediterranean the previous week. Let us be clear; that drowning was entirely unnecessary. They drowned after Frontex planes had flown over them at least twice and after the Greek Hellenic Coast Guard had watched them travelling for nearly 24 hours. The Alarm Phone support group for migrants had alerted the Hellenic Coast Guard, which did nothing. The other point we need to raise relates to why these poor, wretched and desperate human beings were determined to get past Greece. The reason is that Greece is now unfortunately renowned for illegal pushbacks of human beings on a mass scale as standard policy. I had the opportunity to confront the minister for migration last year, Mr. Mitarachi, on the appalling treatment being meted out by the coast guard. He declared that it was all fake news, which tells you all you need to know about the current state of the New Democracy Party, which is regrettably a sister party of Fine Gael.

Fortress Europe is ensuring that thousands of people drown. Sally Hayden got it absolutely right in her article in The Irish Times last week. The European Union has made mass drownings an everyday normal occurrence. It is, without doubt, the greatest human rights scandal of the 21st century. There is simply nothing to match it in its horror and its scale. It is regrettable to say the least that our Government is not doing more to counter the status quo, in which it is apparently okay for tens of thousands of people to drown. As Senator Joe O'Reilly quite rightly pointed out, 27,000 people have drowned over the past nine years alone. I want to be fair and to recognise that, in the Council of Europe, both Senator Joe O'Reilly and Senator O'Loughlin have spoken out on the right side of these issues, which makes this amendment all the more disappointing. I really want the Minister of State to explain why on earth he tabled an amendment this evening. What is it he objects to in the motion? Will he tell us that? I have had a look at it and I fear that what he objects to is the fact that the Civil Engagement Group's motion clearly calls for the return of search and rescue, which is absolutely needed because otherwise we are going to continue to see mass drownings every day, which is what we are facing at the moment.

It also calls for safe legal routes, which is what any decent human being should call for. I cannot see the words “safe legal routes” anywhere in the counter motion, nor can I see an explicit call for additional search and rescue. Is the Government at the stage Fine Gael MEPs were in 2020 when they voted against calling for additional search and rescue missions? What would have happened if that motion had been passed and respected? How many thousands of lives would be saved now?

I have looked at the Government counter motion and it says a lot without saying anything. We should be better than this as a group of parliamentarians. I cannot see what the Government objects to in the motion. The situation is chronic and getting worse by the day. Human beings are drowning in mass numbers and will continue to do so as long as there is a fortress Europe and the European Union continues to apply appalling policies like funding the Libyan coastguard to round up human beings trying to make their way to Europe, bring them back to Libya, rape and torture them and sell them into slavery. That has all been documented. That is happening and the European Union is funding it.

The Government counter motion says nothing and is full of waffle, as opposed to the Civil Engagement Group motion, which has specific calls on which every one of us as human beings should be clear. Will the Minister of State publicly call for additional urgently needed search and rescue missions and for all states to support that call? That is what is needed and what I called for in the Council of Europe last week. Will he call for safe legal routes? There is a nonsense line that we need to break the business model of traffickers and smugglers but the European Union creates that model by not allowing safe legal routes. That is at the heart of all this. It appears the Government, unlike its colleagues, in fairness, at the Council of Europe, are content to go along with this. Otherwise, why on earth would it not support the motion?

We can send a strong united message this evening by taking on board the Civil Engagement Group’s excellently worded motion calling for search and rescue missions, safe legal routes and urgent, real action, as opposed to saying this is awful and we must try to stop the smugglers. That is the language the far right is using in the Council of Europe. I am shocked and disappointed the Government in this amendment uses such language. Surely all of us should be better than that. Will the Minister of State please have a further think on this? It will not cost the Government anything to support the motion and we can all unite in calling for the urgent search and rescue missions we know are needed to save human lives. The Minister of State can and should do better.

Senator Marie Sherlock

I thank the Civil Engagement Group for this important motion. We are seeing a normalisation of the Mediterranean becoming a graveyard for thousands of people fleeing war, persecution and poverty in a desperate bid to make a life for themselves in Europe. It has become normalised, particularly in western Europe. It is a shame on all member states of the European Union to have been party to decisions to effectively delegate responsibility to third countries for those fleeing war, persecution and poverty and to put people into the arms of people traffickers and into this nightmare of detention centres, which goes on for months and years, deprived of food, light and water. There are cases of torture and rape. We are all indebted to the extraordinary journalistic work of Sally Hayden in her book documenting the frightening things taking place in Libya and other countries in north Africa.

Deals have been done with Turkey and Libya, which some charities decry as a wild west where armed militias pose as the Libyan coastguard and live ammunition is used against migrants’ boats in open water. We have had no oversight or public information on the millions of euro going from the EU into Libya for so-called border and migration management since 2017. There is little or no oversight or investigation into the activities of Frontex providing surveillance information to the Libyan authorities in order to intercept refugees and migrants and put them back into the nightmare of those detention centres. Now we have proposals for a deal with Tunisia of up to €1 billion for border management efforts. This is framed as an anti-smuggler operation but there is no plan in place to ensure what has been documented in Libya will not happen in Tunisia or any other country.

We can point to what other EU member states are doing, particularly Italy’s disgraceful actions with regard to bringing an end to Operation Sophia and the actions of certain member states with regard to the new legislation on refugees coming into the new migration pact under discussion. It is a question of what Ireland can do. Will we continue to be part of the crowd or will we step up to the plate, stand out and be true to the values we espouse and like to think we cherish, about standing up for what is right and standing on the side of those in need and fleeing war and persecution?

There are a number of simple asks in the motion and it is disappointing the Government seeks to dilute it to the point where it means nothing and where there would be no outcome from this debate. As has been articulated, we need a cessation of funding to third countries for the purposes of detaining persons seeking asylum, a review of the conditions in detention centres and to ensure safe routes for people seeking asylum in Europe. The choice is between being part of the pack and giving in to an emerging far right view of blocking migration at all costs or putting our hands up and saying this is wrong and what is happening in the Mediterranean has to stop. We have unfortunately become desensitised to it. The eyes of the world were on the north Atlantic last week and five persons losing their lives at sea, yet day-in and day-out thousands lose their lives or are endangered by the trips they are forced by traffickers to take in unsuitable boats and in the most awful of circumstances.

I commend the work of the Civil Engagement Group and express my extreme disappointment at the Government’s approach to this. A cowardly approach has been taken in the amendment tabled this evening.

Senator Eileen Flynn

I am proud to be part of the Civil Engagement Group and to bring a human rights and equality-focused motion once again to the House. In recent days, we have seen what multinational search and rescue can look like.

We have also seen what happens to ships that are reported to be in grave danger and there is no response. Ireland has been involved in search and rescue missions in the southern Mediterranean. The EU withdrew those services in 2019, a measure for which Fine Gael's MEPs voted. However, it is clear that this move by the EU has not stopped desperate people trying to find refuge in Europe. Since 2014, it is estimated that 27,000 people seeking refuge have died or gone missing. Organisations working in the field believe the numbers are higher. We have lost hundreds of people in the past few days alone. Any time we have turned on the news in the past two weeks, we have heard about people dying in the Mediterranean. We have a responsibility to keep people safe and, as legislators, we should feel obligated to do that. As my mother used to say, if you cannot do anyone a good turn, why would you do them a bad one?

The motion calls on the Government to make the ocean safer for migrants who are crossing it. Who wants to put their children at such risk? Who wants to be packed like sardines crossing the ocean in search of safety? Who wants to do that? Absolutely nobody wants to. We have a responsibility to help to save lives. We may not save every single life but we have a responsibility to try our best and do our bit as a country.

We are lacking empathy when it comes to migrants and refugees fleeing war and violence. We do not talk about the refugees who are fleeing their own governments and fleeing breaches of their human rights and right to equality. The motion calls on the European Commission and Council to take a number of steps, including ending policies that are trying to harden Europe's external borders. The motion also calls on the European Commission and Council to stop the placement of people who are seeking asylum in detention conditions in third countries that violate their human rights. We are talking about people who are desperate and who are already exploited. We are talking about people being charged to take that horrible, disgusting, dangerous journey to safety. Everywhere they turn, they are being exploited. Even when they land, they are kept in detention centres in horrible, abusive conditions. I understand there is a process but I believe we must care for people seeking international protection while they go through that process.

The motion further calls on the European Commission and Council to urgently review detention centres in third countries. It breaks my heart, as a person and mother, to see what is happening. We are just sitting back. If anything, we are voting with Europe instead of trying our very best as a country to protect people. Where is the outrage at thousands of people dying on European shores? Where is the outrage? Where is the multinational response? We can help the search and rescue effort and this motion calls for that. We can play our part. We can show leadership. We can encourage other European countries to step up to the mark. Senators have said that migrants bring a lot to our countries. If they really think that, let us get them here in safety.

I am glad the Department of Justice is represented here today, to be frank, because it is usually the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, who has to deal with issues that impact migrants and refugees. It is welcome to see the Government and the Department of Justice stepping up to the mark. However, we are disappointed that the Government's amendment is not next to or near the motion we in the Civil Engagement Group, CEG, are calling for. The counter motion, frankly, appears to have been put together yesterday or this morning. It does not protect people or call for Europe to protect migrants or people who are seeking safety. People again feel failed. The CEG feels failed because what we have proposed to protect people has been met with a counter motion. The amendment has been proposed without even talking to us and without any consultation whatsoever with migrant groups. We would be as well off putting the counter motion in the bin, to be frank, because it does not support what we are calling for.

Senator Paul Gavan

Well said.

Senator Victor Boyhan

I thank the CEG for a very important and timely motion. I do not want to talk too much about the motion, which the members of the CEG have done justice and spoken well about. I want to focus some of my time on the Government's amendment. I am disappointed. The amendment is not necessary. I thought the Seanad would speak with one voice, collectively, on this issue, given our commitments and the importance of the House. This is an important amendment for the Seanad. I tuned into the debate from my office before I came to the Chamber and I did not hear too many Government Senators making a case for their own amendment. Does that mean the Minister of State is on his own or has the support of only a very few colleagues? I do not know if that is the case. I do not know what to take from all of these empty seats across the aisle. Do Government Senators have a view at all? I would have thought more of them would come to the House if they believed this was an important amendment. Let us at least have the opportunity to hear what they have to say and the rationale behind the amendment.

The Government amendment to the CEG motion makes direct reference to the Charter of Fundamental Rights of the European Union. It also includes a section with the phrase, "notes with sympathy and concern". It emphasises that migration is a Europe-wide issue and requires a European response. Most of the commentary and criticism of the EU in the CEG motion has been left out of the Government amendment. It also emphasises Ireland's commitments as a member of the EU and states our actions are part of an EU response. The amendment omits the sections in the original motion that call on the European Commission and the Council of Europe and the section starting "regrets that". It omits a reference to the 2021 report from Amnesty International, the European Council on Refugees and Exiles and Human Rights Watch entitled Plan of Action: Twenty Steps to Protect People on the Move Along the Central Mediterranean Route, which was a central tenet of the CEG motion. That is exceptionally disappointing.

The CEG has expressed concerns that member states, including Ireland, are moving away from the search and rescue mission to surveillance missions. That is a strong tenet of the case made in the motion. Robust search and rescue operations need to be accompanied by sustained efforts to ensure the right to seek asylum enshrined in the Universal Declaration of Human Rights and guaranteed in the EU's Charter of Fundamental Rights, with which the Minister of State will be familiar. The EU's response in recent years to boat migration across the Mediterranean has focused largely on trying to prevent or discourage people attempting to make the dangerous crossing. Senator Gavan summed it up when he referred to "illegal pushbacks". That is what they are. This is a human rights scandal of monumental proportions. This approach is also reflected in the EU's current focus on the pre-emptive seizure and destruction of boats used by smugglers. We must deal with reality. Attempts to prevent crossings are likely to fail as this approach overlooks the reasons people are willing to risk their lives and attempt to cross such deadly seas. They are in search of hope and safety away from persecution and abuse. They are fleeing war and poverty. They have no option. If there is a tiny piece of hope in their hearts that there is a safer place that requires a journey, they are going to take that risk. It is a tough and hard call but families are doing it.

In many cases these are desperate situations and there are desperate reasons grounded in forced displacement. This is not a choice people want to make. This is not an easy choice. There are forced displacements and human rights and human rights abuses in making this desperate journey. It if important we have safe, legal routes for people and that we have a humanitarian response to the needs of these people. Therefore, I cannot and will not support the Government's amendment. It is a disappointing one. It is disingenuous. I am quite frankly surprised that it has decided to do so and I will support the Civil Engagement Group. It is a very important motion but it is also a very important statement from this House and I wish the motion well.

Senator Paul Gavan

Well said.

Acting Chairperson (Senator Annie Hoey)

As I think every Senator here has spoken and I do not see any other Senators wishing to commence I will go to the Minister of State, who has 15 minutes.

Minister of State at the Department of Justice (Deputy James Browne)

I thank the Acting Chair. The Minister for Justice, Deputy McEntee, sends apologies for not being able to be here. She has other business in the Dáil Chamber. I support the amendment to the motion tabled by Senators Ruane, Higgins, Black and Flynn on behalf of the Minister, Deputy McEntee. I thank the Senators for their motion and for their contributions to what is a very important and sometimes contentious issue. The Minister, Deputy McEntee, welcomes the opportunity to have this important discussion.

I will begin by joining Senators in expressing my deep sadness at the news of the recent tragic shipwreck off the coast of Greece and the many reported deaths. Unfortunately, we had news this weekend of yet another tragic incident and I offer my sincere condolences to all those who have relatives and friends who lost their lives. These are truly tragic incidents that have left many people bereaved or searching frantically for loved ones. That is a situation we see all too often. The Minister, Deputy McEntee, wishes to assure Senators that support is being provided to those affected. EU agency staff are supporting the work of the Greek authorities on the ground and the European Union Agency for Asylum is covering interpretation needs, among other things. The EU's task force for migration management in Greece is in constant contact with the national authorities and the European agencies to ensure those affected receive appropriate assistance.

I am sure Senators will agree that this tragedy, and others, is a stark reminder that European member states must continue to work together to break the business model of traffickers and smuggling networks, and to tackle the root causes of irregular migration so as to better address the flows of migrants and avoid people embarking on such perilous journeys. Migration is a European challenge that requires a European response and we should work with our European counterparts to ensure that safe, orderly and well-managed migration can be achieved. Senators will be aware of the increased focus on the external dimension of migration at a European level and the proposed co-operation and mutually beneficial partnerships with third countries of origin and transit. Over the past 18 months, the European Commission has presented action plans for ten priority countries, for the western Balkans, and the central Mediterranean routes. These action plans cover a wide range of issues, including returns and readmission, border management, conditionality, targeting people smugglers, illegal migration pathways, and addressing the root causes of migration. There has also been important progress at European Union level on the pact on migration and asylum. Published in September 2020, the pact sets out a new approach to migration bringing together policy in the areas of migration, asylum, integration and border management. It recognises that the overall effectiveness of the asylum system depends on progress on all fronts. Senators will likely be aware that on 8 June, the European Union justice and home affairs ministers reached agreement on two of the most central legislative Acts of the pact, namely, the asylum and migration management regulation, and the asylum procedures regulation. This is the first stage in the adoption of these measures and the agreement will form the basis of negotiations with the European Parliament. The Government recognises the obligation placed upon it to promote and protect the human rights and fundamental freedoms of all migrants, regardless of their migration status. In particular, we emphasise the importance of a gender-responsive approach by states to migration that contributes to achieving gender equality and the empowerment of all migrant women and girls, who face particular vulnerabilities.

We continue to stress this commitment to human rights and fundamental values, both at European Union level and at global fora. Ireland regularly co-sponsors resolutions on the human rights of migrants at the United Nations Human Rights Council and the Third Committee of the United Nations General Assembly. We are among only a few EU member states to do so. These resolutions refer to the obligations on states to protect the human rights and fundamental freedoms of migrants, regardless of their migration status, in accordance with their obligations under international human rights law. The safety of migrants and refugees and refraining from the excessive use of force in upholding their human rights in accordance with international law must remain a priority for the international community. Regarding funding to third countries, we are deeply concerned by human rights abuses against civilians, including migrants and refugees, wherever they may occur. We are aware, as is the European Union, that conditions in migrant detention centres in Libya in particular are not acceptable. However, it is very important to note that the European Union has not provided funding to Libya for the purpose of detaining migrants and refugees. What is has done is provide funding to improve conditions in migrant detention centres. The European Union fully recognises that conditions in which Libyan citizens, migrants and refugees are detained in that country remain deeply alarming. However, it believes that without EU action, the situation would be much worse. More broadly, the overwhelming focus of the EU's action in Libya is on the protection of vulnerable migrants and on community stabilisation. Its key partners in Libya are international organisations such as the International Organization for Migration, IOM, and the UN Refugee Agency, UNHCR, as well as EU member state institutions, NGOs, and the Red Cross.

Senators raised the mandate of Operation Irini in their motion. Following Government and Dáil approval, the LÉ William Butler Yeats commenced operations with the Operation Irini mission in the Mediterranean on 21 June. Operation Irini is an EU military operation in the Mediterranean, comprising aerial, satellite, and maritime assets primarily tasked with supporting the implementation of the UN arms embargo on Libya. While capacity-building and training of the Libyan coastguard is part of the operation's mandate, the Irish Naval Service personnel will not engage in this activity when participating in the mission. Indeed, Ireland has formally declared caveats to this effect with the operational headquarters in Rome. With regard to the issue of search and rescue, the motion approved by the Dáil includes an amendment to the effect that the naval vessel participating in Operation Irini will be subject to the obligation, under international law, to provide assistance to those in distress at sea. This reiterates the pre-existing obligation on Ireland, under the United Nations Convention on the Law of the Sea, and an obligation to which the Naval Service would have to honour whether in the context of Operation Irini or otherwise.

Senators also raised the comprehensive partnership package with Tunisia, which was recently announced by President von der Leyen, in their motion. The Tunisian economy has been in crisis for much of the last decade. As regards migration, Tunisia has replaced Libya as the main country of departure to Italy and now accounts for more than half of the total number of arrivals there. We remain concerned by the developments in Tunisia and advocate that the values of democracy, human rights, and the rule of law continue to be reflected in any partnership. They are important in themselves, as well as for stability and investment. The Minister, Deputy McEntee, assures the Senators that the Irish humanitarian assistance is focused on the areas of greatest need, which are generally the location of the majority of displaced persons and refugees. In the face of escalating humanitarian needs globally, Ireland's funding for humanitarian responses has increased steadily in recent years. We provided more than €280 million of humanitarian funding in 2022 and the figure will likely be higher for 2023 by the end of this year. The office of the United Nations High Commissioner for Refugees is one of Ireland's largest humanitarian partners and recipient of funds. We continue to actively support its work in often complex and dangerous environments, and total funding from Ireland to the UNHCR has risen consistently from €9.8 million in 2015 to more than €25 million in 2022. Ireland is committed to supporting efforts to ensure migration is safe and legal and that we have routes that are safe and legal, orderly and well managed. We will continue to advocate for full respect for human rights and the fundamental values. On behalf of the Minister, Deputy McEntee, I again thank the Senators for bringing forward this motion and for the opportunity to discuss this important issue.

Senator Lynn Ruane

I find it absolutely infuriating to listen to people in the one breath talk about the value of life, the value of migrants, how they should be treated, the value of their work and contributions when they get here and then, on the other hand stand with a European Union that does use EU money, through the trust fund for Africa, to intercept boats at sea. We can make the stretch and say that it is not our money that is paying for detention centres.

We are talking about breaking the cycle of smugglers, while creating the need for detention centres. By intercepting people at sea, and sending them back to detention centres, we are creating the need for detention centres where people's human rights are being abused. We say that, as a people, we hold this value because of our history, the coffin ships and so on, but it is all starting to mean absolutely nothing. The values we hold cannot only exist in the act of holding them. We have to act on them. The counter motion removes the call for the return of search and rescue.

Senator Frances Black

Hear, hear.

Senator Lynn Ruane

Tell me how breaking the business model of smugglers has anything to do with search and rescue. We talk about the protection of vulnerable migrants, but it is as if they are not vulnerable unless they end up on our doorstep. We do not want to recognise their vulnerability in the sea. We do not want to recognise their vulnerability in the detention centres we are forcing them to stay in when we intercept their boats and push them back. EU money supports that, and Government MEPs have voted for it. It is no good sitting at home telling ourselves we are all great people, we are not very racist, we all care and sure we will give them access to whatever when they get here but we will completely ignore that we are contributing to people dying at sea. If it happens far enough away, are we really responsible? We do mental acrobatics in our heads to try to tell ourselves we are not responsible for that. It does not matter whether we stand here and vote against motions, put in counter motions that destroy the principles of human rights and dignity or go into the fucking sea ourselves and push them away with our own hands - I apologise and retract the "F" word - we are responsible.

Senator Paul Gavan

The Senator is justified.

Senator Lynn Ruane

It does not matter how far back in the system we go; we are responsible.

Today we have a Government, which is not supporting a motion that calls for search and rescue. How does that make sense? Does the Minister of State think a smuggler cares how many times we send people back to the detention centre? I am sure they are rubbing their hands at the prospect of another trip to be paid for. They will be saying, "Oh, you are back again? You were intercepted again? Okay, this is how much it will cost to go again." What business model is being interrupted here? There is absolutely no business model being interrupted. If someone dies at sea, the smuggler sitting at home does not decide not to smuggle the next day because someone died at sea. None of that makes sense, and the Minister of State's contribution did not address what Senator Gavan has said about the removal of search and rescue and the interception of people at sea. That is what we are standing over today. We can stand in this Chamber and give big fancy speeches about how much we care, but we do not. We do not care. If you come in and vote for this counter motion, you do not care. What we say and whether we act on what say actually matters. It does matter that Ireland sends a strong message to the EU that it does not support people dying. We are saying people have a right to international protection when we are trying to stop people and to push back against migrants. We are saying these people have a right to be here and a right to international protection. However, at EU level we are making sure they do not get there to exercise that right. We are stopping people getting the right to claim asylum in a country, by intercepting them at sea.

We also have legislation coming through on hate speech. How is this not incitement to hatred? How is not saving people at sea not incitement to hatred? How is intercepting a boat and sending people back into dangerous waters not incitement to hatred? It is a targeted act against vulnerable people who are not of the same race and social class of many of the people making the decisions. It is incitement, and we are choosing for them to die. I urge everyone who comes into this Chamber to speak up for migrants to stay in their offices and not come up to vote for this counter motion.

Senator Paul Gavan

Well said.

Senator Frances Black

Hear, hear.

Acting Chairperson (Senator Annie Hoey)

Senator O'Loughlin moved an amendment on behalf of the Government. Is the amendment agreed to?

Senator Lynn Ruane

It is not agreed

Amendment put:

The Seanad divided: Tá, 16; Níl, 11.

Tá

Ahearn, Garret.
Blaney, Niall.
Byrne, Malcolm.
Casey, Pat.
Cassells, Shane.
Clifford-Lee, Lorraine.
Cummins, John.
Currie, Emer.
Dooley, Timmy.
Gallagher, Robbie.
Garvey, Róisín.
Horkan, Gerry.
McGahon, John.
O'Reilly, Joe.
O'Reilly, Pauline.
Seery Kearney, Mary.

Níl

Black, Frances.
Boyhan, Victor.
Clonan, Tom.
Craughwell, Gerard P.
Flynn, Eileen.
Gavan, Paul.
Hoey, Annie.
Ó Donnghaile, Niall.
Ruane, Lynn.
Sherlock, Marie.
Warfield, Fintan.

Tellers: Tá, Senators Robbie Gallagher and Joe O'Reilly; Níl, Senators Lynn Ruane and Frances Black..

Pursuant to Standing Order 57A, Senator Rebecca Moynihan has notified the Cathaoirleach that she is on maternity leave from 6th February to 18th August, 2023, and the Whip of the Fine Gael Group has notified the Cathaoirleach that the Fine Gael Group has entered into a voting pairing arrangement with Senator Moynihan for the duration of her maternity leave.Pursuant to Standing Order 57A: Senator Alice-Mary Higgins has notified the Cathaoirleach that she is on maternity leave from 19th June to 19th December, 2023, and accordingly has not voted in this division.Senator Ollie Crowe has notified the Cathaoirleach that he has entered into a voting pairing arrangement with Senator Higgins from 19th June to 19th August, 2023; and accordingly has not voted in this division.

Amendment declared carried.

Question put: "That the motion, as amended, be agreed to."

The Seanad divided: Tá, 16; Níl, 11.