Dáil Éireann díospóireacht -
Thursday, 5 Dec 2002

Vol. 558 No. 6

Written Answers. - Asylum Applications.

Joe Costello

Ceist:

165 Mr. Costello asked the Minister for Justice, Equality and Law Reform the proposals he has put to the EU Council of Ministers regarding the Dublin Convention in the context of applications by asylum seekers; the reason these proposals have not been brought before the Oireachtas; and if he will make a statement on the matter. [25293/02]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I take it that the Deputy is referring to the proposal for a Council regulation establishing the criteria and mechanisms for determining the member state responsible for examining an application for asylum lodged in one of the member states by a third country national. This regulation, known as Dublin II, is designed to replace the existing Dublin Convention. This is a Title IV measure under the EC treaty.

Under the fourth protocol to the Treaty of Amsterdam, Title IV measures do not automatically apply to Ireland or the United Kingdom. Ireland may participate in any Title IV instrument if we indicate our intention to "opt in" to the President of the Council within three months of the instrument being presented to Council. In the event of Ireland not opting in within the three month deadline, we may opt in only after the instrument has been adopted by the Council. However, before Ireland can indicate an intention to participate, the prior approval of both Houses of the Oireachtas must be obtained. This is a constitutional requirement under Article 29.4.6 of Bunreacht na hÉireann.

The Government position in relation to this Council regulation was outlined by the then Minister of State at the Department of Justice, Equality and Law Reform, Deputy Mary Wallace, at a meeting of the Joint Committee on Justice, Equality, Defence and Women's Rights to discuss the Title IV opt-in. This meeting took place on 24 October 2001. Following a recommendation from this committee that Ireland should participate in this regulation, the Dáil and the Seanad approved the motions to participate on 25 October 2001.

This regulation was discussed again during my appearance before the Select Committee on European Affairs on the 9 October 2002 to debate the agenda for the JHA Council on the 14 and 15 October 2002. More recently, the instrument was discussed at the JHA Council of 28 and 29 November 2002. Prior to the Council meeting, I had indicated to the select committee that I would be available to appear before it to discuss the agenda items. The committee declined due to pressure of work.