Dáil Éireann díospóireacht -
Tuesday, 23 Nov 1999

Vol. 511 No. 3

Written Answers. - Asylum and Refugee Policy.

John Gormley

Ceist:

73 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the decisions taken on EU asylum and refugee policy at the recent EU summit in Tampere; and the plans, if any, there are to withdraw the Protocol on Asylum in the Amsterdam Treaty which has been criticised by human rights organisations as running counter to the 1951 Geneva Convention on Refugees. [21212/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The positive discussions at Tampere have given a welcomed impetus to the development of a common EU asylum and migration policy. As well as discussing common standards for receiving asylum seekers, efforts were also focused on developing EU co-operation with countries which are the source of flows of asylum seekers. The need for national Governments and the European Commission to co-ordinate closely with NGOs, particularly the UNHCR, was highlighted.

At Tampere, the European Council also reaffirmed the importance the Union and member states attach to absolute respect of the right to seek asylum. The European Council has agreed to work towards establishing a common European asylum system, based on the full and inclusive application of the Geneva Convention, maintaining the principle of non-refoulement.

Ireland supports the development of common policies and procedures for asylum, including the development of common criteria for defining a refugee, as well as improvements to enhance the effectiveness of the Dublin Convention. We also support the development of proposals to combat trafficking in human beings and illegal immigrations.

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.