I must now deal with a postponed division relating to the motion regarding the European Union Migration and Asylum Pact. On Wednesday, 1 May 2024, on the question, "That the amendment to the motion be agreed to", a division was claimed and in accordance with Standing Order 80(2), that division must be taken now.
European Union Migration and Asylum Pact: Motion [Private Members]
The following motion was moved by Deputy Carol Nolan on Wednesday, 1 May 2024:
That Dáil Éireann:
notes that:
- Ireland requires a migration system that is not only well-managed and fair, but also stringent, efficient, and effectively enforced to safeguard our borders and our communities;
- the Government imposing large-scale immigration on a local population without consultation is inappropriate, considering the complexity and potential instability of the absorption process, and the necessity of local support for sustainable and successful integration;
- Ireland, already at a tipping point with an enormous number of international protection applicants (28,875 at 282 centres as of 17th April, 2024), is grappling with an exacerbated housing crisis and strained public services, leading to unsustainable conditions such as migrants resorting to living in tents on the streets, a shortage of housing for citizens, and a lack of tourist accommodation;
- the cost of International Protection Accommodation Services (IPAS) alone, as distinct from Ukrainian refugee costs, has skyrocketed from €191 million in 2021, to a staggering €653 million in 2023, and is projected to impose a colossal €1 billion burden on Irish taxpayers in 2024, as a consequence of the Government's steadfast adherence to an open-door asylum seeker policy, which is being enforced without taxpayer consultation or input, thereby raising serious democratic and financial concerns;
- the Government, which withheld the Attorney General's opinion and interdepartmental advice on the detrimental repercussions of a Yes vote in the March 8th Referendums, cannot be fully trusted to be transparent on the ramifications and financial costs associated with opting-into the European Union (EU) Migration and Asylum Pact;
- alongside Denmark, Ireland is the only country with the legal right to remain outside all or some of the Pact's measures, and we should use that ability to opt-out;
- there is absolutely no rational or logical reason why Ireland should opt-in to the EU Migration and Asylum Pact, which will require us to receive relocated quotas of asylum seeker applicants in addition to the already massive influx of International Protection applicants entering our country, especially as we have no legal obligation to do so;
- the EU Migration and Asylum Pact allows the EU to make immigration decisions for Ireland, and if Ireland opts-into the Pact, it would be binding and come with severe ramifications;
- if ratified by Ireland, the EU Migration and Asylum Pact would arguably represent the single greatest transfer of Irish constitutional sovereignty from Dublin to Brussels in the history of the State;
- opting-into the radical EU Migration and Asylum Pact means being forced to accept, in perpetuity, decisions made in the EU and abandoning any right to veto future changes to the Pact, including dramatic revisions upwards of migrant relocation quotas, as they will be determined by qualified majority voting;
- Ireland has a unique legal basis to opt-out of the EU Migration and Asylum Pact, embedded under Protocol No. 21 annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, in the Treaty of Lisbon, which provides an opt-in or opt-out clause on individual proposals in the areas of freedom, security, and justice; and
- not a single Irish voter has been consulted by the Government, or asked at the last election nor in any subsequent vote whether they wished to transfer national sovereignty on immigration matters to the EU;
further notes that:
- the Asylum and Migration Management Regulation (AMMR), one of the five legislative files that constitute the Pact, would override Ireland's sovereignty as enshrined in Articles 6.1 and 15.2.1o of the Constitution of Ireland, by surrendering power to the EU Commission to determine how many relocated asylum seekers from countries under "migratory pressure" Ireland must receive, and the minimum level of financial contributions per asylum seeker our taxpayers must pay;
- the AMMR currently mandates an annual distribution of a minimum of 30,000 asylum seekers throughout the bloc, with member states obligated to pay a minimum compensation of €20,000 for each rejected migrant, and the power to increase these numbers and costs at any point lies solely with the EU;
- the formula used for the distribution of relocated asylum seeker applications under Article 44R of the AMMR means that Ireland will be required to accept more relocated asylum seekers than most other EU member states because of our overinflated gross domestic product as a result of the presence of the multinational sector;
- if Ireland opts-into the Pact, we are then also subject to infringement proceedings if we do not comply with relocated asylum seeker quotas;
- even Polish Prime Minister, Donald Tusk, a renowned pro-European and centre-left on a range of social issues, declared that his government would refuse to accept any relocated asylum seekers under the Pact;
- this pact is a serious violation of our national sovereignty and the decision about who we want to accept would be made neither by Irish authorities nor by Irish law, but rather by non-elected people in EU headquarters;
- in simple terms, this Pact is an invitation to millions of migrants to come to Europe;
- the Government claims that the new rules contained within the Pact are an attempt to conduct more effective checks on migrants, as well as a goal of more rapidly returning unapproved asylum seekers to their countries of origin, yet these dual attributes are a member state competency and therefore can be implemented immediately without the need to opt-into this Pact;
- for Ireland to legally opt-into the obligations contained in the regulatory framework underpinning the Pact, the matter has to be the subject of independent decisions by Resolution separately taken by each House of the Oireachtas under Article 29 of the Constitution, yet the Government appears intent on forcing this Pact through with no proper scrutiny or public debate, which only serves to undermine our democracy and Constitution;
- the envisioned "new normal" of Minister for Children, Equality, Disability, Integration and Youth, Roderic O'Gorman TD, of annually accepting 15,000 to 20,000 asylum and international protection seekers is not only unsustainable but could potentially skyrocket if this Pact is ratified; and
- the Government lacks a public mandate for such a significant decision, which was not outlined in any of the Government parties' 2020 election manifestos; and
calls on the Government:
- to accept that signing the EU Migration and Asylum Pact is not only irresponsible and completely intolerant to the concerns of the Irish electorate, but a significant infringement on our constitutional sovereignty and democratic principles;
- to refrain from leveraging their majority in the Houses of the Oireachtas to expedite and unilaterally approve the EU Migration and Asylum Pact, when it contradicts the best interests of Ireland and its citizens;
- to acknowledge that the approval of the EU Migration and Asylum Pact is akin to signing a blank cheque for every year into perpetuity; and
- not to seek the approval of both Houses of the Oireachtas for the EU Migration and Asylum Pact without first:
(a) publishing the Attorney General's advice;
(b) conducting an independent financial assessment of the financial burden on the State (taxpayers) of opting-in;
(c) committing to an open, fair, transparent national debate on the ramifications of the Pact on the indefeasible rights and constitutional sovereignty, and the question of the necessity for a people's Referendum; and
(d) following steps (a), (b) and (c), to facilitate an informed debate without a guillotine in each House of the Oireachtas before any vote is cast.
Debate resumed on amendment No. 1:
To delete all words after "Dáil Eireann" and substitute the following:
"notes that:
- migration is a European challenge that requires a European response, which should include comprehensive policies in relation to both the internal and external dimensions of migration, with full and due respect for fundamental rights under European Union (EU) and international law;
- Ireland has a firm rules-based immigration system where rules are in place and where rules are enforced;
- the European Union Asylum and Migration Pact sets out a comprehensive new approach to migration, bringing together policy in the areas of migration, asylum, integration and border management;
- Ireland is already a member of the Common European Asylum System (CEAS);
- it has always been recognised that coordinated action between member states, where possible, is the most effective way of dealing with the transnational challenges of migration and asylum;
- the EU Migration and Asylum Pact aims, through legislative measures, to reform the CEAS to further the implementation of EU asylum and migration policy, address some inefficiencies in national migration and asylum management systems, establish a broader mechanism for solidarity, deal with inefficiencies in the current EU returns system, and introduce mechanisms to address extreme crisis situations;
- the Pact will enable Ireland to benefit from enhanced screening and asylum procedures across the EU, greater data and situational awareness, improved transfers to member states responsible, and avenues to obtain support in situations of migratory pressure or crisis;
- the Pact represents a positive development in Ireland's participation in the CEAS which will ensure a faster, fairer and more robust asylum system;
- not opting-in to the Pact and continuing to operate under existing systems will likely result in Ireland becoming a more attractive destination for individuals seeking protection, which would mean more people in the reception system for longer periods of time;
- the European Parliament approved all of the Pact elements on 10th April, and it is expected that the Pact will be formally adopted by the European Council in May 2024, becoming fully applicable across the EU two years after, around June 2026;
- opting-in to the Pact will introduce new and enhanced screening, asylum and reception processes, with mandatory timelines and a greater emphasis on returns; and
- 70 - 80 per cent of applications will receive a first instance decision within three months and the remainder within six months, which will lead to a reduction in the time applicants spend in State-provided accommodation;
- the Pact will introduce a new system to identify the member state responsible for examining an international protection application, and that will enable greater levels of transfers to that country where applicants move from one member state to another;
- the Pact will ensure that those who are entitled to international protection will get a swift decision and that those not entitled will be refused;
- the Asylum Migration and Management Regulation (AMMR), one of the measures contained in the Pact, will establish a mandatory solidarity mechanism to assist member states under migratory pressure, and the solidarity pool currently consists of 30,000 relocations or €600,000,000 in financial contributions from all member states on an annual basis;
- the solidarity pool under the AMMR may be subject to revision in the future by way of a European Commission proposal for a Council Implementing Act which must be voted upon by a majority of member states before it can be revised;
- the strategic risks of not opting-in to the Pact are significant, as the reforms will greatly impact the current protection procedures of member states, should Ireland decide not to opt-in, continuing to operate under existing Irish systems will result in Ireland being precluded from accessing solidarity and burden sharing mechanisms;
- the question of ceding sovereignty to the EU by opting into the Pact measures does not arise;
- the EU clearly has competence in the area of asylum and migration under the Lisbon Treaty, which was endorsed by the people in the Referendum on the 28th Amendment of the Constitution; and
- Cabinet approved opting-in to seven measures of the Pact on 27th March, 2024, and that motions approving an opt-in to the seven measures will be put before the Dáil and the Seanad in May 2024, for debate and approval in accordance with Article 29.7.4 of the Constitution of Ireland;
also notes that:
- seeking asylum is a fundamental right under the 1951 United Nations (UN) Convention Relating to the Status of Refugees and its 1967 Protocol and the Charter of Fundamental Rights of the European Union;
- every person's right to seek asylum in a safe country is enshrined in the UN Universal Declaration of Human Rights;
- further progress is needed to address the root causes of irregular migration in order to deter people from undertaking perilous journeys to reach the EU, to prevent loss of life and to reduce pressure on reception capacities across member states of the EU;
- a whole-of-Government approach is needed within both EU member states and EU institutions, to effectively address the challenges posed by irregular migration; and
- Ireland stands firm in our commitment to respecting and upholding the fundamental rights of those in need of international protection, in full compliance with our obligations under domestic, EU and international law;
further notes:
- the significant increase in processing in the International Protection Office, rising from 4,404 in 2021, to 8,409 in 2023, with a target of 14,000 in 2024;
- the introduction of accelerated processing in November 2022, which has resulted in the number of applications from those designated safe countries dropping by 50 per cent since it was introduced;
- the further expansion of accelerated processing with the designation of two further countries as safe in early 2024;
- the inclusion of the country which has the highest number of applications in accelerated processing as of April 2024;
- the steps being taken to reduce the numbers arriving without documents, with a 34 per cent reduction recorded;
- the review of airline fines which is underway;
- that operations continue to run in Dublin airport with a view to swiftly identifying irregular arrivals into Ireland; and
- the introduction of visa controls in a number of additional countries with further countries under review; and
calls on the Government to:
- continue to cooperate with the European Commission and the European Council to ensure successful implementation of the EU Asylum and Migration Pact, once it is adopted;
- continue to work with the European Commission and the European Council, to develop and further develop the comprehensive approach to migration policy, which includes increased action in the external dimension alongside a more harmonised approach to internal aspects, in full compliance with EU principles and values, EU and international law, and with due respect for fundamental rights;
- contribute to the development and implementation of EU Action Plans for priority third countries across all migratory routes, to effectively address the root causes of migration;
- continue to engage with EU member states and EU institutions, to ensure coordinated engagement with countries of origin and transit, with a view to developing mutually beneficial partnerships to promote safe, regular and orderly migration;
- contribute to the development of greater situational awareness of migratory flows and trends both into and within the EU, as well as reception capacities in member states; and
- continue to engage constructively with the Government of the United Kingdom, to prevent abuse of the Common Travel Area.".
Amendment put:
The Dáil divided: Tá, 71; Níl, 58; Staon, 0.
Tá
- Brophy, Colm.
- Browne, James.
- Bruton, Richard.
- Burke, Colm.
- Butler, Mary.
- Byrne, Thomas.
- Cahill, Jackie.
- Calleary, Dara.
- Cannon, Ciarán.
- Carroll MacNeill, Jennifer.
- Chambers, Jack.
- Collins, Niall.
- Costello, Patrick.
- Coveney, Simon.
- Creed, Michael.
- Crowe, Cathal.
- Devlin, Cormac.
- Dillon, Alan.
- Donnelly, Stephen.
- Donohoe, Paschal.
- Duffy, Francis Noel.
- Durkan, Bernard J.
- English, Damien.
- Farrell, Alan.
- Feighan, Frankie.
- Fleming, Sean.
- Foley, Norma.
- Griffin, Brendan.
- Haughey, Seán.
- Higgins, Emer.
- Kehoe, Paul.
- Lahart, John.
- Lawless, James.
- Leddin, Brian.
- Madigan, Josepha.
- Martin, Catherine.
- Martin, Micheál.
- Matthews, Steven.
- McAuliffe, Paul.
- McConalogue, Charlie.
- McEntee, Helen.
- McGrath, Michael.
- McGuinness, John.
- Moynihan, Aindrias.
- Moynihan, Michael.
- Murnane O'Connor, Jennifer.
- Naughton, Hildegarde.
- Noonan, Malcolm.
- O'Brien, Darragh.
- O'Brien, Joe.
- O'Callaghan, Jim.
- O'Connor, James.
- O'Dea, Willie.
- O'Donnell, Kieran.
- O'Donovan, Patrick.
- O'Dowd, Fergus.
- O'Gorman, Roderic.
- O'Sullivan, Christopher.
- O'Sullivan, Pádraig.
- Ó Cathasaigh, Marc.
- Ó Cuív, Éamon.
- Phelan, John Paul.
- Rabbitte, Anne.
- Richmond, Neale.
- Ring, Michael.
- Smith, Brendan.
- Smyth, Niamh.
- Smyth, Ossian.
- Stanton, David.
- Troy, Robert.
- Varadkar, Leo.
Níl
- Andrews, Chris.
- Bacik, Ivana.
- Boyd Barrett, Richard.
- Browne, Martin.
- Buckley, Pat.
- Clarke, Sorca.
- Collins, Joan.
- Collins, Michael.
- Conway-Walsh, Rose.
- Cronin, Réada.
- Crowe, Seán.
- Cullinane, David.
- Daly, Pa.
- Doherty, Pearse.
- Donnelly, Paul.
- Ellis, Dessie.
- Farrell, Mairéad.
- Fitzmaurice, Michael.
- Fitzpatrick, Peter.
- Gannon, Gary.
- Gould, Thomas.
- Guirke, Johnny.
- Harkin, Marian.
- Healy-Rae, Danny.
- Healy-Rae, Michael.
- Howlin, Brendan.
- Kenny, Gino.
- Kenny, Martin.
- Kerrane, Claire.
- Lowry, Michael.
- Mac Lochlainn, Pádraig.
- McGrath, Mattie.
- McNamara, Michael.
- Mitchell, Denise.
- Munster, Imelda.
- Murphy, Catherine.
- Murphy, Verona.
- Mythen, Johnny.
- Nash, Ged.
- Nolan, Carol.
- O'Callaghan, Cian.
- O'Donoghue, Richard.
- O'Reilly, Louise.
- O'Rourke, Darren.
- Ó Broin, Eoin.
- Ó Laoghaire, Donnchadh.
- Ó Murchú, Ruairí.
- Ó Snodaigh, Aengus.
- Pringle, Thomas.
- Ryan, Patricia.
- Sherlock, Sean.
- Shortall, Róisín.
- Smith, Duncan.
- Stanley, Brian.
- Tóibín, Peadar.
- Tully, Pauline.
- Ward, Mark.
- Wynne, Violet-Anne.
Staon
Tellers: Tá, Deputies Hildegarde Naughton and Cormac Devlin; Níl, Deputies Mattie McGrath and Carol Nolan.
Amendment declared carried.
Question put: "That the motion, as amended, be agreed to."
The Dáil divided: Tá, 70; Níl, 58; Staon, 0.
Tá
- Brophy, Colm.
- Browne, James.
- Bruton, Richard.
- Burke, Colm.
- Butler, Mary.
- Byrne, Thomas.
- Cahill, Jackie.
- Calleary, Dara.
- Cannon, Ciarán.
- Carroll MacNeill, Jennifer.
- Chambers, Jack.
- Collins, Niall.
- Costello, Patrick.
- Coveney, Simon.
- Creed, Michael.
- Crowe, Cathal.
- Devlin, Cormac.
- Dillon, Alan.
- Donnelly, Stephen.
- Donohoe, Paschal.
- Duffy, Francis Noel.
- Durkan, Bernard J.
- English, Damien.
- Farrell, Alan.
- Feighan, Frankie.
- Fleming, Sean.
- Foley, Norma.
- Griffin, Brendan.
- Haughey, Seán.
- Higgins, Emer.
- Kehoe, Paul.
- Lahart, John.
- Lawless, James.
- Madigan, Josepha.
- Martin, Catherine.
- Martin, Micheál.
- Matthews, Steven.
- McAuliffe, Paul.
- McConalogue, Charlie.
- McEntee, Helen.
- McGrath, Michael.
- McGuinness, John.
- Moynihan, Aindrias.
- Moynihan, Michael.
- Murnane O'Connor, Jennifer.
- Naughton, Hildegarde.
- Noonan, Malcolm.
- O'Brien, Darragh.
- O'Brien, Joe.
- O'Callaghan, Jim.
- O'Connor, James.
- O'Dea, Willie.
- O'Donnell, Kieran.
- O'Donovan, Patrick.
- O'Dowd, Fergus.
- O'Gorman, Roderic.
- O'Sullivan, Christopher.
- O'Sullivan, Pádraig.
- Ó Cathasaigh, Marc.
- Ó Cuív, Éamon.
- Phelan, John Paul.
- Rabbitte, Anne.
- Richmond, Neale.
- Ring, Michael.
- Smith, Brendan.
- Smyth, Niamh.
- Smyth, Ossian.
- Stanton, David.
- Troy, Robert.
- Varadkar, Leo.
Níl
- Andrews, Chris.
- Bacik, Ivana.
- Boyd Barrett, Richard.
- Browne, Martin.
- Buckley, Pat.
- Clarke, Sorca.
- Collins, Joan.
- Collins, Michael.
- Conway-Walsh, Rose.
- Cronin, Réada.
- Crowe, Seán.
- Cullinane, David.
- Daly, Pa.
- Doherty, Pearse.
- Donnelly, Paul.
- Ellis, Dessie.
- Farrell, Mairéad.
- Fitzmaurice, Michael.
- Fitzpatrick, Peter.
- Gannon, Gary.
- Gould, Thomas.
- Guirke, Johnny.
- Harkin, Marian.
- Healy-Rae, Danny.
- Healy-Rae, Michael.
- Howlin, Brendan.
- Kenny, Gino.
- Kenny, Martin.
- Kerrane, Claire.
- Lowry, Michael.
- Mac Lochlainn, Pádraig.
- McGrath, Mattie.
- McNamara, Michael.
- Mitchell, Denise.
- Munster, Imelda.
- Murphy, Catherine.
- Murphy, Verona.
- Mythen, Johnny.
- Nash, Ged.
- Nolan, Carol.
- O'Callaghan, Cian.
- O'Donoghue, Richard.
- O'Reilly, Louise.
- O'Rourke, Darren.
- Ó Broin, Eoin.
- Ó Laoghaire, Donnchadh.
- Ó Murchú, Ruairí.
- Ó Snodaigh, Aengus.
- Pringle, Thomas.
- Ryan, Patricia.
- Sherlock, Sean.
- Shortall, Róisín.
- Smith, Duncan.
- Stanley, Brian.
- Tóibín, Peadar.
- Tully, Pauline.
- Ward, Mark.
- Wynne, Violet-Anne.
Staon
Tellers: Tá, Deputies Hildegarde Naughton and Cormac Devlin; Níl, Deputies Mattie McGrath and Carol Nolan.
Question declared carried.
Cuireadh an Dáil ar athló ar 8.36 p.m. go dtí 9 a.m., Déardaoin, an 2 Bealtaine 2024.
The Dáil adjourned at 8.36 p.m. until 9 a.m. on Thursday, 2 May 2023.