I am committed to ensuring that Ireland’s International Protection system is robust and rules based, and that our borders are protected.
The EU Asylum and Migration Pact will significantly reform the current approach to migration and asylum both in Ireland and across the EU by providing a robust legislative framework to address the challenges faced in this area.
The overall objective of the Pact is to create a fairer and firmer asylum and migration system.
The Pact recognises that the challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in a globalised and interdependent world. As such, it will establish a more coherent approach across the EU to migration, asylum, integration and border management, fit for the 21st century.
The Pact will require:
• The full repeal of the International Protection Act 2015.
• Legally binding timeframes for making decisions on international protection applications and appeals.
• A greater focus on efficient returns for unsuccessful applicants
• Accelerated processing including for those from safe countries, those with no or false documents, and those who have crossed borders illegally.
• Those who are processed under the border procedure will be accommodated in dedicated accommodation centres. Their applications, appeals and removal decisions must be processed within 90 days.
• A new solidarity mechanism requiring countries to make a financial contribution, agree to relocate some asylum seekers or deploy personnel. These resources will be used to take the pressure off countries facing particular pressure.
• The expansion of the Eurodac database, used to check migrants fingerprints, will enable even more information to be shared between countries.
Opting-in to the Pact is an opportunity for Ireland to undertake coordinated wide-reaching reforms. The changes that being made are a game changer and represent the most significant reform of Irish immigration law in decades.
The solidarity mechanism contained within the Pact is to assist Member States facing migratory pressure.
All Member States would contribute to this Solidarity Pool on the basis of a proportional “fair share” principle (based on the formula 50% population and 50% GDP).
It is very important to clarify that the “fair share” contribution for Ireland would apply to the solidarity pool to be established, not to the total number of asylum applications across the EU. The entire Solidarity Pool for the whole EU is capped at 30,000 relocations.
Member States will have discretion on the type of solidarity they contribute. This can take the form of relocations, financial contributions or alternative solidarity measures such as deployment of personnel. So it is not the case that Ireland will necessarily be required to accept greater numbers of asylum seekers under this mechanism.
While Ireland has one of the highest GDPs in the EU, it should be noted that we have one of the smallest populations and this is reflected in the formula overall.
Should Ireland be considered to be under migratory pressure in the future, we will be able to avail of solidarity from other Member States.
The Deputy should also be aware that there could be significant costs for Ireland if we do not opt in. Secondary movement is one of the biggest issues we face, and the Pact will provide the legal mechanisms to return unsuccessful and inadmissible applicants more efficiently. In not opting into the pact, it is likely that we would face higher levels of secondary movement, slower processing and a less efficient returns system. This would result in much greater cost to the state, in terms of the provision of accommodation and other supports.
The Pact does not contain any provisions that would require a constitutional referendum, but as measures governed by Protocol 21 of the TFEU, any request to opt-in by Ireland requires prior approval by both Houses under Art 29.4.7 of the Constitution, and I will seek that approval in the coming weeks. It is the case the Pact will be subject to discussion in the Joint Oireachtas Committee on Justice next week, and full debates in the Dáil and Seanad thereafter.
Any existing EU measures on asylum and migration in which Ireland participates, such as the Reception Conditions Directive, Asylum Procedures Directive and Qualifications Directive, were approved by the Houses prior to Ireland’s opt-in. Ireland will remain bound by these measures if we do not opt-in to the Pact.
In order for Ireland to operationalise the Pact at the same time as other Member States in 2026, work on transposing legislation and operational reform would begin at pace following approval by the Houses of the Oireachtas. I intend to introduce legislation to repeal the International Protection Act 2015 which will be subject to pre legislative scrutiny and the full legislative process in both houses.
My Department will establish an interdepartmental Project Board to develop and progress an implementation plan for the Asylum and Migration Pact, with the support of the Commission, to ensure transposition of the measures by mid-2026.
