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Dáil Éireann díospóireacht -
Tuesday, 30 Sep 1997

Vol. 480 No. 6

Written Answers - Implementation of Refugee Act, 1996.

Richard Bruton

Ceist:

453 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if he will give details of Ireland's position in relation to the provision of the Amsterdam Treaty affecting the rights of EU nationals to seek asylum in other EU member states; and if he will make a statement on the matter. [15231/97]

Richard Bruton

Ceist:

454 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the plans, if any, he has for the implementation of the Refugee Act, 1996; and if he will make a statement on the matter. [15230/97]

Michael Ring

Ceist:

465 Mr. Ring asked the Minister for Justice, Equality and Law Reform when the Refugee Act, 1996, will be implemented. [14258/97]

Breeda Moynihan-Cronin

Ceist:

467 Mrs. B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the steps, if any, he will take to ensure that the implementation of the Amsterdam Summit Treaty will not limit the rights of EU nationals to seek asylum in another EU state; and if he will make a statement on the matter. [14430/97]

Charles Flanagan

Ceist:

470 Mr. Flanagan asked the Minister for Justice, Equality and Law Reform when he will provide for the implementation of the Refugee Act, 1996; and if he will make a statement on the matter. [14494/97]

Tony Gregory

Ceist:

478 Mr. Gregory asked the Minister for Justice, Equality and Law Reform his current position regarding the Refugee Act, 1996. [14497/97]

Breeda Moynihan-Cronin

Ceist:

484 Mrs. B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform when he will implement the Refugee Act, 1996; and if he will make a statement on the matter. [14503/97]

Willie Penrose

Ceist:

485 Mr. Penrose asked the Minister for Justice, Equality and Law Reform when he will fully implement the Refugee Act, 1996, as promised in the Programme for Government; and if he will make a statement on the matter. [14504/97]

Seán Haughey

Ceist:

486 Mr. Haughey asked the Minister for Justice, Equality and Law Reform when the Refugee Act, 1996, will be implemented; if Ireland intends to enter a reservation to that part of the recent EU Amsterdam Summit Treaty which limits the right of EU nationals to seek asylum in another EU member state; and if he will make a statement on the matter. [14505/97]

Charles Flanagan

Ceist:

488 Mr. Flanagan asked the Minister for Justice, Equality and Law Reform if the Irish Government proposes to support a consequent agreement limiting the right of EU citizens to seek asylum in other EU member states in the context of the recent European summit at Amsterdam; and if he will make a statement on the matter. [14508/97]

Liam Aylward

Ceist:

489 Mr. Aylward asked the Minister for Justice, Equality and Law Reform when the Refugee Act, 1996, will be implemented; and the reason for the delay in the non-implementation of this particular Act. [14509/97]

Matt Brennan

Ceist:

494 Mr. M. Brennan asked the Minister for Justice, Equality and Law Reform when the Refugee Act, 1996, will be implemented. [14514/97]

Brendan Howlin

Ceist:

500 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to concerns regarding the non-implementation of the Refugee Act, 1996: when the provisions of the Act will be brought into force; and if he will make a statement on the matter. [14553/97]

Michael P. Kitt

Ceist:

501 Mr. M. Kitt asked the Minister for Justice, Equality and Law Reform when the Refugee Act, 1996, will be implemented; if he will follow Belgium's example in entering a reservation to that part of the EU Amsterdam Summit Treaty which limits the right of EU nationals to seek asylum in another EU member state; and if he will make a statement on the matter. [14571/97]

Nora Owen

Ceist:

504 Mrs. Owen asked the Minister for Justice, Equality and Law Reform the proposals if any, he has, to amend the Refugee Act, 1996. [14594/97]

Eamon Gilmore

Ceist:

507 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform when he intends to implement the Refugee Act, 1996, as promised in the Programme for Government; if he will enter a reservation to that part of the recent EU Amsterdam Treaty which limits the right of EU citizens to seek asylum in other EU member states; and if he will make a statement on the matter. [14689/97]

Jimmy Deenihan

Ceist:

508 Mr. Deenihan asked the Minister for Justice, Equality and Law Reform when the Refugee Act, 1996, will be fully implemented; and if he will make a statement on the matter. [14690/97]

Dan Neville

Ceist:

509 Mr. Neville asked the Minister for Justice, Equality and Law Reform when the Refugee Act, 1996, will be implemented. [14800/97]

Theresa Ahearn

Ceist:

524 Mrs. T. Ahearn asked the Minister for Justice, Equality and Law Reform when the Refugee Act, 1996, will be implemented; and if he will make a statement on the matter. [14867/97]

Róisín Shortall

Ceist:

532 Ms Shortall asked the Minister for Justice, Equality and Law Reform his intentions and the Government's intentions in relation to the implementation of the Refugee Act, 1996; and if he will make a statement on the matter. [15013/97]

I propose to take Questions Nos. 453, 454, 465, 467, 470, 478, 484, 485, 486, 488, 489, 494, 500, 501, 504, 507, 508, 509, 524 and 532 together. I have already made an Order commencing sections 1, 2, 5, 22 and 25 of the Refugee Act, 1996, with effect from 29 August last.

There is in being at present a High Court injunction preventing the appointment of a Refugee Applications Commissioner under the Act. Because of this litigation, I am not in a position to appoint a Refugee Applications Commissioner, an appointment central to the introduction of the remaining sections of the Act.

As Deputies will be aware, the number of applications for asylum in the State continues to increase. This is a source of concern to me, as Minister for Jutice, Equality and Law Reform, and also to my ministerial colleagues having regard to the impact on State services dealing with welfare, housing, health care and so forth.

I am reviewing the entire situation, in conjunction with my Cabinet colleagues with responsibilities in these areas, with a view to taking whatever measures are required to deal quickly and fairly with asylum applicants. Should those measures include proposals for legislation, such proposals will be brought forward in the usual way.

The Treaty of Amsterdam, which was agreed unanimously by the member states subject to the relevant national ratification procedures contains a Protocol on asylum for nationals of member states of the European Union. The preamble to the Protocol states explicitly that the Protocol "respects the finality and the objectives of the Geneva Convention of 28 July 1951 relating to the status of refugees". The Government is fully satisfied that the new Protocol is consistent with the obligations of member states under the 1951 Convention, and this was an important point for Ireland in the negotiations.

Moreover, a Treaty Declaration explicitly confirms that the Protocol "does not prejudice the right of each member state to take the organisational measures it deems necessary to fulfil its obligations under the Geneva Convention of 28 July 1951 relating to the status of refugees". Ireland will, of course, continue to fulfil its obligations under the Geneva Convention and to take the organisational measures necessary in that regard.

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