Dáil Éireann Debate, Tuesday - 20 June 2023
432. Deputy Mattie McGrath asked the Minister for Justice to outline the full details of the EU General Agreement on Migration and Asylum reached recently; the obligations this agreement would have on Ireland; whether or not Ireland will have the option of opt-out of this agreement; the contributions of her Department in reaching this agreement; and if she will make a statement on the matter. [29200/23]
View answerAt the meeting of the EU Justice and Home Affairs Council on 8 June 2023, Ministers reached agreement on two key measures under the EU Migration and Asylum Pact, which is aimed at creating a fairer, more efficient and more sustainable migration and asylum systems across the EU. The challenges in this area can only be effectively addressed by a cohesive, integrated approach with all Member States working together. This is the first stage in the adoption of these measures and the agreement will allow negotiations to begin with the European Parliament before they are finalised and adopted.
Ireland has actively participated in the lengthy negotiations on these measures and the other measures that come under the Asylum and Migration Pact, but, as Ireland has not yet opted-in to the measures in accordance with Protocol 21 to the Treaty on the Functioning of the European Union (TFEU), we are not automatically bound by these measures. Ireland is, however, in accordance with its declaration to the TFEU, committed to participating in Protocol 21 measures to the maximum extent possible. Ireland may opt in once the measures are formally adopted.
The two measures concerned, the Asylum Procedures Regulation and the Asylum and Migration Management Regulation, address the most critical issue of finding the right balance between responsibility and solidarity and how better to distribute international protection applicants between Member States.
The Asylum and Migration Management Regulation (AMMR) provides for a mandatory but flexible solidarity mechanism to assist Member States determined to be under migratory pressure by the European Commission. A Solidarity Pool will be established from which a Member State who is determined as being under migratory pressure can draw from. All Member States must contribute to this Solidarity Pool on the basis of a mandatory “fair share” principle (based on the formula 50% population and 50% GDP). However, Member States have full discretion as to the type of solidarity they contribute. These contributions can include relocations, financial contribution, alternative solidarity measures such as deployment of personnel or measures focusing on capacity building, or a combination of these, all of which have equal value.
The establishment of the solidarity mechanism does not impact a Member State’s obligation to examine an application for international protection for persons who arrive on their territory and seek asylum. Therefore, people who arrive in Ireland and claim asylum will still be able to do so.
The AMMR will replace, once adopted, the current Dublin III Regulation and will streamline the rules and shorten time limits for determining which Member State is responsible for the examination of an application for international protection. It also provides for a common framework for a comprehensive approach to asylum and migration management.
The Asylum Procedure Regulation (APR) establishes a common procedure across the EU that Member States need to follow when a person seeks international protection. It streamlines the procedural arrangements, such as the duration of the procedure and provides procedural guarantees safeguarding the rights of the applicant. The regulation also aims to prevent abuse of the system by setting out clear obligations for applicants to cooperate with the authorities throughout the procedure.
The APR also introduces mandatory asylum and return border procedures for certain categories of applicants i.e. applicants who are considered a danger to national security or public order, applicants who mislead the authorities with false information or by withholding information or where the applicant has a nationality of with an EU wide recognition rate of 20% or less. The aim of the border procedure is to quickly assess at the EU’s external borders, or in another area designated by the Member State, whether applications are unfounded or inadmissible.
My Department will continue to participate in the negotiation of these measures when discussions with the European Parliament begin and will continue to examine the proposals and their impact on Ireland, with a view to making recommendations to Government on whether or not to opt-in to the measures, once they are adopted. As the Deputy will be aware, opt-ins under Protocol 21 are subject to the approval of the Houses of the Oireachtas.
