Dáil Éireann Debate, Tuesday - 16 April 2024
515. Deputy Carol Nolan asked the Minister for Justice if Members of Dáil Éireann and Seanad Éireann will be presented with an opportunity to vote on the approval of the EU New Pact on Migration and Asylum; if the Pact requires transposing legislation to be brought forward; if the Pact contains any provisions that may require a constitutional referendum; and if she will make a statement on the matter. [16384/24]
Amharc ar fhreagra529. Deputy Carol Nolan asked the Minister for Justice if, with respect to the five EU Regulations that comprise the EU Migration and Asylum Pact (details supplied) which was approved by the European Parliament on 10 April 2024, the Regulations will be directly effective under Irish law in circumstances; and if she will make a statement on the matter. [16762/24]
Amharc ar fhreagra530. Deputy Carol Nolan asked the Minister for Justice to clarify certain matters with respect to the five EU Regulations that comprise the EU Migration and Asylum Pact which was approved by the European Parliament on 10 April 2024 (details supplied); and if she will make a statement on the matter. [16763/24]
Amharc ar fhreagraI propose to take Questions Nos. 515, 529 and 530 together.
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 objectives of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations. It will ensure a fair sharing of responsibility, developing robust and fair management of external borders and providing stronger governance of asylum and migration policies.
These reforms can be seen against a backdrop of some of the long-standing challenges faced by Member States in dealing with asylum applications, particularly in the context of the large influx of asylum seekers in 2015 and 2016, and again in 2022 and 2023. There is little indication that this trend will abate in an increasingly unstable world.
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 in an area that has seen mounting public interest and concern in recent times.
The Pact does not contain any provisions that would require a constitutional referendum, but as measures under Protocol 21, any opt-in requires prior approval by both Houses under Art 29.4.7 of the Constitution, and I will seek that approval in the coming weeks. Any existing EU measures on asylum and migration in which Ireland participates, such as the Reception Conditions Directive, were approved by the Houses prior to Ireland opting-in to those measures.
The measures referred to by the Deputy will have direct effect in Irish law due to the fact that they are EU Regulations rather than Directives. However, there will be a need to replace the International Protection Act and relevant secondary legislation to facilitate the operation of the measures. I intend to bring forward substantial legislation to give effect to the Pact, which will be debated in both Houses of the Oireachtas in the normal way.
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. My Department will then 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.
