Dáil Éireann Debate, Wednesday - 22 February 2012
203 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if he has decided not to opt in to the Recast Qualification Directive on 2009/0164 (COD) on asylum and subsidiary protection; and, if so, the specific grounds on which this decision was made. [10102/12]
View answerThe legal basis for Council Directive 2011/95/EU of 13 December 2011, on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, ("the Qualification Directive") is Article 78 of the Treaty on the Functioning of the European Union (TFEU). Accordingly, the provisions of the Protocol on the position of Ireland and the United Kingdom in respect of the Area of Freedom, Security and Justice, annexed to the TEU and the TFEU apply.
In accordance with Articles 1, 2 and Article 4(a)(1) of the Protocol, Ireland did not participate in the adoption of the Directive and is not bound by it or subject to its application. This is without prejudice to Article 4 of the Protocol under which Ireland may at any time after the adoption of a measure by the Council notify its intention to the Council and to the Commission that it wishes to accept (opt-in to) the measure.
The question of opting-in to the Qualification Directive will be considered in the light of the outcome of negotiations on the other elements of the package of measures which comprise the second phase of the Common European Asylum System (CEAS).
