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Seanad Éireann díospóireacht -
Wednesday, 19 Jun 2024

Vol. 301 No. 7

International Protection, Asylum and Migration: Motion

I move:

That Seanad Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to accept the following measures:

(a) Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection (recast);

(b) Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 011/95/EU of the European Parliament and of the Council;

(c) Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU;

(d) Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 2024 establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147;

(e) Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013;

(f) Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council;

(g) Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 2024 addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147;

a copy of each measure having been laid before Seanad Éireann on 22 May 2024.”

Before I call on the Minister of State, I welcome to the Distinguished Visitors Gallery Deputy Joe Flaherty from Longford. Alongside him are guests who have produced a report on anti-bullying policy. From Kinsale, we have Giulia Moretto and Muireann O'Donovan. From Portmarnock, we are joined by Ashvita Harolikar. From the junior school in Portmarnock, we have Sarah Jones, who is a descendant of Ms Elizabeth O'Farrell, the who was with Pádraig Pearse in Moore Street for the 1916 Rising. Ms O'Farrell organised the ceasefire and surrender in 1916. Her image is at the bottom of the Seanad Chamber. She played a key role in Irish history. We are delighted to be joined by all our guests.

I will begin by stressing the benefits of migration to Ireland. At present, just under 500,000 people in our labour force were born outside of Ireland. We would face significant challenges in many areas of our economy without migration. I also highlight that Ireland benefits immensely from membership of the European Union. A combination of factors, such as our highly educated workforce and being a member of the EU Single Market, encourages businesses to invest in Ireland.

Recognising the importance of EU co-operation, Ireland has been heavily involved in the negotiations of this pact at an EU level as we understand the benefits that it will have for Ireland and our European counterparts alike. Our international protection system is under stress. My officials and I have worked tirelessly over the past year to improve efficiencies in the system. Yet, there is no hiding from the fact that the system is no longer fit for purpose in light of emerging migratory trends. We need a system that works faster and enables people granted protection to quickly obtain status, integrate and start a new life, but which will also facilitate the efficient removal of those who are not granted such protection status. The pact creates such a system. It enhances the common European asylum system in which we already participate. It presents a stronger, more cohesive and comprehensive solution to the challenges presented by migration with strength lying in its holistic, rather than selective, approach.

I will give a brief overview of the pact measures. The screening regulation will apply where a person enters the EU irregularly and mandates an identity check, a security check, a health and vulnerability check, fingerprinting and registration in the Eurodac database.

May we get a copy of the Minister of State's speech?

There are copies available.

I thank the Minister of State.

This is a Schengen measure, but Ireland will align with these provisions in national law insofar as is possible. We will also have access to this important security information.

The Eurodac regulation improves the current IT system that allows us to check whether someone has claimed international protection in another member state, thereby enhancing data collected on irregular migration. The asylum procedures regulation provides for faster and fairer processing of asylum applications across the EU. Accelerated decisions will be made within three months, inadmissibility decisions within two months and ordinary applications within six months. This will result in people spending less time in State accommodation, thereby representing a saving to the Exchequer. This efficiency will also aid in effective returns of unsuccessful applicants to their country of origin. It will also provide for appeals, safeguards and improved access to legal assistance.

The asylum qualification regulation provides for some small refinements to the criteria to qualify for asylum and subsidiary protection and the rights of persons who benefit from these statuses. The return border procedure regulation is a Schengen measure that Ireland is not part of. It requires member states to return those who were refused protection under the border procedure within 12 weeks. However, we intend to provide for similar provisions in Irish law.

The asylum and migration management regulation, AMMR, addresses the imbalance between responsibility and solidarity on migration across the European Union. It seeks to reduce secondary movement, which is important for Ireland. The AMMR will replace Dublin III. This more effective system will allow Ireland to identify and return secondary movers to the responsible member state with greater success.

To balance this responsibility, which will largely fall to front-line member states such as Italy, Greece and Cyprus, the AMMR introduces a mandatory solidarity pool. This pool will be contributed to on a fair-share basis and enables affected member states to access support. Based on current figures, Ireland’s fair share amounts to 2.16%, which translates to 648 relocations per annum or a financial contribution of €12.96 million.

Ireland will decide how we want to contribute. This may take the form of relocations, financial contributions, offsetting against applicants not returned under take-back processes or a combination of these. It is incorrect to say that we are obliged to relocate people under this regulation.

The reception conditions directive will further harmonise reception conditions, such as accommodation, subsistence provisions, access to the labour market and detention, across member states. This harmonisation will reduce incentives for asylum seekers to move from one member state to another, which is important for Ireland.

The crisis and force majeure regulation provides for specific rules that can be applied in cases of migratory crisis.

The resettlement regulation establishes a Union resettlement framework for the annual resettlement of a certain number of third country nationals to the member states. While member states are required to pledge the number of persons it will resettle each year, it is possible to make a pledge of zero.

Overall, it is estimated that the reduction in costs, including for processing and accommodation, in comparison with the current system will be in the region of 25% to 30% if we opt in. If we do not opt in, it is estimated that the overall costs, including processing and accommodation, in comparison with the current system would be would be at least 20% greater than current costs. I have highlighted the improvements that are foreseen under the pact as a comprehensive package of measures. The pact is the best option to improve our international protection while working in harmony with our European counterparts. I have brought this motion to the House because it allows us to tackle this challenging issue head on and will benefit Ireland.

Cuirim fáilte roimh an Aire Stáit leis an rún tábhachtach seo a phlé agus cuirim fáilte roimh an rún freisin, ar son an ghrúpa Fhine Gael.

I welcome the motion on behalf of the Fine Gael group and I hope it will pass because it is an important measure. The reality of our situation is that we are an island on the periphery of Europe. Having joined what was then the European Economic Community in 1973, we have seen nothing but benefits from our membership of the European Union.

We benefited initially, primarily from structural and financial measures that helped us build up the infrastructure within this country, but we have also benefited over that time from rules and regulations, which we have played a part in making, that have come to have legal effect in this country. These rules and regulations have benefited us across policy areas from law and order to health, employee rights, and health and safety. There are so many areas where the progress we have made in this country has been led in the first instance by law that has been made in Brussels, through the Parliament and through the Commission, but with the input, crucially, of the Irish body politic, either through our MEPs or through our Government members in the Council of Europe. On the whole, and this is something that is reflected in every survey of Irish people, Irish people recognise the benefits of our membership of the European Union and of our taking part in European institutions, and this is another step along that road.

There is nothing to my mind but benefit to us in dealing with what the Minister has described as the hugely intense pressure that exists throughout the Continent of Europe regarding migration. We know that people are on the move. We know there are scenes of war and famine throughout the world. Those people, of course, seek to come to Europe because Europe is a beacon of the things they seek out - a safe place to live, a place where they can earn a living and a place where they can get a reliable supply of the necessities of life, be it food, water, accommodation, electricity or whatever. We are lucky to live in a part of the world where there is a measure of security in that regard and, for that reason, those who live in war-torn parts of the world or places that are destroyed by drought or whatever, of course, seek to migrate to Europe.

The ability to deal with that is a pressure that exists on every member of the European Union. Ireland is not excluded from that, although we are, in real terms, insulated somewhat by our distance from the land borders of Europe, particularly on the eastern and southern fronts of Europe, where those countries deal much more acutely with that.

We often hear in the discourse in the media in this country of how Ireland is full - I do not accept that for a moment - or how we are coming under somehow more pressure than any other European country. In fact, if you look at the relative numbers, based on population, Cyprus takes 19 times more migrants into its country than we do in Ireland. France takes six times more than we do and it is much closer to us than Cyprus. In relative terms, we are below mid-table in Europe in terms of the number of migrants who come here.

Notwithstanding that, as I have said on a number of occasions, I am immensely proud of the response we have had to people who have come to this country seeking our protection, be they temporary protection applicants, for example, people coming from Ukraine who have been welcomed into communities throughout this country and who have, through their ability to work, for example, become functioning members of those communities and who have in their own way contributed through that employment and provided services through their own skills and knowledge bases, or international protection applicants who have come here because they have nowhere else to go in many instances and because they are fleeing other types of duress in their own country. The latter have also been welcomed by the vast majority of Irish people. There remains a small cohort who reject the notion that those people should be allowed to come here because somehow they fear the impact they might have on our society. In my experience, that impact has been universally positive. As somebody from Dún Laoghaire and Blackrock, I am often told none of them are moving into Blackrock or Dún Laoghaire and it is well for me to say it is not a problem. That, of course, is not true. We have international protection accommodation sites in Blackrock and Dún Laoghaire, for example, and they have been welcomed by the local communities. They have formed a positive part of our community, joining organisations such as Tidy Towns. When, after six months, they have the right to work, they will also be available to help out in an employment context because we know there is a crisis of people to do work. In that regard, I would be in favour of allowing people who come here seeking international protection to be allowed to work from the beginning so that they can contribute and play their part, if they can and where they want to. The vast majority of them want to.

I recognise that, first and foremost, we need immigration. We often conflate the idea of immigration and migration, but we also need migration. We as a country benefited from other countries accommodating our migrants. When people left, we called them emigrants from this country, but they were immigrants into another country. That is what they were. They were migrants. They were people who went to a different country seeking a better life, security for their families and prospects for themselves. That is exactly the same as the people who are coming here and we need to acknowledge that.

This pact is a positive measure, and this is the important point in this debate. The Government recognises that this pressure exists in every European country. The Government recognises there must be something we can do about that. We are lucky enough to be part of the European Union and to be part of a community of countries which can pool what they have in terms of intelligence, knowledge, resources and capacity to deal with this problem on a Europe-wide basis. That is what this pact is about, first and foremost. It is not about ceding our sovereignty. It is not about saying Brussels decides who comes here. That is dangerous language because it is grossly misleading. It is the kind of thing we saw happening in Britain before Brexit, for example, with politicians for many years telling the populace that whatever was wrong was Brussels' fault. That is not true and it is not in the context of this pact either. This is a Community response.

At no point, in the context of Ireland's history within Europe, has it been better for us to go it alone. In fact, we have only ever benefited when we have joined in with European programmes and European policies to act with our neighbours across Europe. That is of benefit to us. As a fraction of the European population, a fraction of the European area and a fraction of the European economy, of course, we are better off being part of the whole than standing it alone. The narrative I hear from many people who are opposed to this pact is that we are somehow better off not to sign up to this, to keep our opt-out provision under Protocol No. 21 and go it alone because Ireland would be better off on its own. It would not.

The aspects of this pact that are so important are the elements that allow us to deal with the migration pressures on this country. These are, for example, the solidarity measures in the pact. These are tremendously important. If we feel we cannot deal with the number of people who come here, there will now be a valve available to us to refuse to take people and to have them relocated in other European countries. We will have access to the Eurodac database which will allow us to make an assessment at the border of people coming here who may have applied for international protection in other countries. Let us remember we have benefited for a long time from people applying for asylum in other countries and maybe finding their way here to Ireland because we are, generally speaking, at the end of the pipeline of migration. Most of the countries from which people migrate to Ireland do not have direct access to Ireland. They do not have direct flights nor do they have direct transport routes, so people will have travelled through other countries. If, for example, somebody comes through Frankfurt, Charles de Gaulle in Paris or Schiphol in Amsterdam and has applied for asylum in that country, it allows us to make a decision at the border whether to accept that person into our international protection process here because border agents will be equipped with an instant database, linked to fingerprints and other identity protocols, to identify whether the person has already applied elsewhere. That has to be an improvement on the system.

We know there is huge pressure on our system. We know that the number of applications has accelerated hugely, especially two years ago. Last year, we had 13,600 applicants for international protection in this country and we expect there to be more this year. Those people come into the country. They are processed through the international protection office in Dublin, although that processing has been speeded up hugely thanks to investment from the Minister in the number of staff there, thereby massively reducing application times. It still means, nonetheless, applicants have to be brought in, put into the system, accommodated and looked after. All of that takes resources and time. This system will allow us, for a portion of people coming to this country, to make a decision at the border and for them to be returned to another country in the case where they have made an international protection application in that other European country. That is a huge step forward that we cannot take at the moment, for example. Those are merely two measures I mention.

Generally speaking, the pact also gives us access to resources in terms of money, and there is a European Commission budget we will be able to avail of to help us deal with the migration issue. As the Minister of State said, it does not connote obligations on us to take any number of people. We get to set what that number is. There may be financial obligations if we want to avail of the solidarity mechanism but the reality is there is a cost to us either way in terms of people coming here, and the cost of relocating them is not necessarily more.

Certainly, there is a huge opportunity for us as a country to deal with the obligations we have. Sometimes when listening to the debate on these issues, we forget we are talking about our international legal obligations. That has to be borne in mind when we are talking about how we deal with it.

I have heard many people say this is ceding our sovereignty and we are giving up our sovereignty. The reality is that when you become part of a group, as we do in Europe, we share our sovereignty. We already have, if you like, ceded a certain amount of sovereignty by dint of our membership of the European Union.

That is a legal fact. What we are entering into is a co-operation agreement. Of course, we still retain powers and a say within that. That is not ceding sovereignty. It is saying that we cannot go it alone and we want to work with our neighbours in Europe on how we will resolve the issue and how we will agree to deal with it. There is no ceding of sovereignty in saying that we are willing for there to be an element of give and take in that relationship. How it could possibly be any other way? There must be a sharing of resources and there must be give and take. That is not a ceding of sovereignty, nor does it connote a requirement on us to take any specific number of people. Whatever number of people we decide to take will be decided by the Government in Dublin and not anywhere else. We retain decision-making power in that regard.

The comparisons that have been made with countries such as Denmark and Poland, for example, are totally ill-informed because those countries are part of the Schengen area. Ireland is not part of the Schengen area. If we isolate ourselves further, it should be remembered we still have an open border with the United Kingdom on the island of Ireland that allows free transit, which is why we are not part of the Schengen area. Comparisons with countries that have existing arrangements with other members of the Schengen area are misleading and not helpful. It is also misleading to say this directive is undemocratic, as some people have said. This is a decision being made by our Government, which is the delegate of the people of Ireland. It has decided this is something we should opt into. It has not decided to opt into this under any duress or any lack of reason. In fact, quite the opposite is the case. The Government has looked at the situation here and has decided, from my reading of it, that there is a benefit for Ireland in joining this pact because it equips us with what we need to deal with the crisis.

I encourage Members, when looking at the motion, to have regard to the fact that, first, we have international obligations that must be satisfied. Second, they should recognise the fact that while migration carries with it pressures and difficulties, it also carries huge opportunities for Ireland in terms of the diversity of our communities and the skills and knowledge that come to our country, which will add to our economy as much as to our communities, towns, villages and cities throughout the country.

Migration and immigration are both good and potentially good for us. They are not without their problems. There are those who tell us, for example, about unvetted males, which is an absolutely misleading term. I am an unvetted male, yet nobody seems to be afraid of me. Maybe more of them should be. Nobody talks about Irish people in this regard. Many of us males are unvetted.

(Interruptions).

It is a nonsense term that is absolutely designed to instil fear in people about foreigners as they come here. That is what it is. It is low-level racism towards people coming to this country. Of course they are not vetted, but we know who they are. It is not the case that many people are floating around Ireland from other countries and we have no idea who they are. That is not true either. Let us cut out that misleading language. They are people who are coming here, just as Irish people who went to the United States, Australia, Argentina and other countries all over the world included unvetted males. There is no reason to be afraid of them. There is also the notion that somehow an unvetted male is more dangerous than an unvetted other kind of person. It is a nonsense.

Let us continue to look at this in a manner that reflects the perspective of what is there. There is opportunity with it. The Government has made a clear decision that there is benefit in it for us in dealing with the pressures that come with people coming to this country, who need to be looked after because they are traumatised, and are without their own belongings and support networks, etc. We should deal with them. The irony is that many Members I have heard speak about this issue also hold themselves out as believers in Jesus Christ. This pact is exactly the kind of thing he would have supported. I have heard a singularly unchristian attitude from many of the people opposed to it. It is absolutely legitimate to have concerns about the pact, to ask questions about how things will operate and to continue to liaise with the Government on how it will use the pact to benefit us. However, let us not stir up unnecessary fear and, let us be honest, unnecessary hatred about people coming to this country seeking refuge. Let us look at helping them, accommodating them, and dealing with the pressures as they come here in a community-based way where we rely on the resources, assistance and knowledge of our colleagues throughout Europe. That is the only way we can deal with this crisis in a proper and effective manner.

I do not suffer from xenophobia, racist thoughts or racist impulses of any kind whatsoever. However, I am opposed to our ratification of this pact for a number of rational reasons that depend, at the outset, on an examination of how we got here. If we go back to the end of 1999, at Tampere in Finland, conclusions of an EU Council meeting included a commitment by member states to a number of things in the area of freedom and justice in the European Union and a common approach to asylum seeking. Based on that, a number of measures, in 2006 when I was Minister for Justice, and later, since 2011, were adopted by Ireland by means of exercising our option to opt in or not to measures in this specific area. That is a reserved right Ireland retained for itself at the time we signed up to the various treaties and which are set out in law.

I do not believe that the claims made for this pact will eventuate. Some people are saying that all decisions relating to asylum seekers will be speeded up and made within three months; I reject that. It is a fanciful claim made by people who are exaggerating completely. If we take what the Minister, Deputy O'Gorman, said about the new normal of between 25,000 and 30,000 asylum seekers, or those seeking international protection, coming here per annum, and divide it by 50 working weeks allowing for two weeks holiday, it means 600 people per week applying for asylum in Ireland. That is 120 people per working day. I do not believe that we are in a position, within three months, to turn around 120 decisions on asylum seeking per day. That is an exaggeration. It is a slightly politically dishonest exaggeration to say that somehow, within a three-month period, we will adjudicate on, first, an examination, second, an appeal and, third, that we will deal with the judicial review process.

In the latest edition of The Bar Review, David Leonard, a barrister who gave evidence to the justice committee at the hearings on which I insisted, states:

[The] 12-week limit isn't absolute. When the border procedure is applied, an international protection application, including any appeal, must be determined within 12 weeks. But if a first-instance decision is not made within 12 weeks, the applicant must be authorised to enter the Member State’s territory. [Let us remember this: if there are any delays, the applicant automatically gets into our territory.] The obligation to ensure that the border procedure must enable a complete and fair examination of claims must be interpreted in light of the rights and principles contained in the EU Charter of Fundamental Rights. This surely means that notwithstanding the 12-week deadline, the authorities might in an appropriate case have to refrain from making a first-instance decision [let alone an appeal] until an applicant who is awaiting an important piece of evidence, like an expert medical report, obtains it. Thus, the 12-week period is not the blunt instrument that is feared by some advocacy groups.

It may well not be the blunt instrument, but it is certainly not the guarantee that everything will suddenly change, that people will be dealt with within 12 weeks, one way or the other, and be available for deportation thereafter. That entirely ignores the whole area of judicial review, which we know from experience applies not merely to deportation decisions but also the process at first instance and on appeal. It is entirely illusory to think that this 12-week period will benefit us because we do not have the resources and do not intend producing the resources that will deal with 120 applications on each day of the working year. That will simply not happen. Anybody who cods us and says that is what will happen is deluding not only themselves but the Irish people as well.

The second point I will make is this. The process whereby we have now found ourselves in this situation, by opting in successively to a number of EU directives on asylum procedures, asylum recognition principles, treatment of asylum offenders and the like, has been part of a European decision, going the whole way back to the Tampere conference, that somehow Europe is competent to deal with this matter.

All the evidence is that Europe is not competent to deal with it. Europe has been an abysmal failure in dealing with distinguishing between economic migration and asylum. That is the fundamental issue -. I agree with Senator Ward. Ireland does need economic migration to a certain degree but I disagree with him that it should be effectively uncontrolled, which is implicit in his suggestion that anybody who comes in here and claims asylum should, from day one, be allowed to work. That effectively means that we would not have any work permit or visa system for people coming to work in Ireland. That would be to open the door, and I am surprised that a Government Senator would reveal the truth of the situation. If we completely dilute the difference between controlled migration subject to visas on the one hand, and open the door to international protection applicants being treated as economic migrants with the right to work on the other, is the suggestion that we will be able to sustain or control migration into this country? It is now out of control; it is not in control. It is not merely the tented cities or all of that. It is a lot of other things. We have now got to the point where we cannot deport people.

The Minister for Justice, Deputy McEntee, declared to the people - we read it in the newspapers - that she is looking for tender applications for deportation flights. I did that 20 years ago as Minister for Justice, Equality and Law Reform, and I can tell the Minister that they are almost impossible to work. They are always subject to absenteeism by the would-be deportees and to court injunctions and they are immensely expensive to operate. They do not work. This illusion that the Minister is putting out a tender and that will solve the whole problem is completely misconceived. That is not what is going to happen.

I am interested also by the proposition that in Europe the implication is that asylum applicants, during that 12-week period, will be required to reside in mandatory detention centres pending the validation or otherwise of their application. I do not read in the papers that there are any plans to establish any such centre in Ireland. This comes from the people who have, in the past, put before the Irish people the notion that direct provision was somehow wrong and they had some alternative that Catherine Day's expert group came up with. This Government has abandoned that. It knows that simply cannot be delivered on in the context of 30,000 asylum applications per year. Right across Ireland, we have the pressure on tourist facilities, hotels, accommodation, nursing homes and the like. We have all that to show for the fact that this Government has not been able to get on top of the accommodation issues that now attend the massive increase in asylum seeking.

When I left the then Department of Justice, Equality and Law Reform, asylum seeking was on the way down, but it has climbed inexorably since then. I am not talking about refugee status for Ukrainians. I am talking about what is, in fact, Third World migration coming to Europe, crossing the Mediterranean and the English Channel and other places. Fundamentally, I understand it; I am not some kind of naive person. It is in pursuit of a better life. It is particularly young men and women, but mainly young men, coming from societies where they see Europe as a land of opportunity, where they see better welfare and the chance of a well-remunerated job. That is what it is and I do not criticise people for wanting to do that but I believe it is the duty of an Irish Government, at the same time, to differentiate between migration, a visa system and a controlled policy on migration which would say, for instance, that Georgian, Moroccan or Algerian people could come to Ireland and work in specific sectors because they are needed for our economic growth, and the alternative, which is what is happening now, leading to tents throughout our city.

The other thing I want to say about migration is this. Migration and asylum seeking, in Ireland's particular circumstances, are very difficult to deal with because of the common travel area. I do not want to expand from one case to all but it is ironic that you hear people in the tented villages - which were being shifted around the place by the Government - with strong British accents claiming to have come to Ireland seeking asylum. The issue is very simply this. Our common travel area, the open border and the decision by the Tory Government in England to experiment with the ridiculous Rwanda solution to its problems has created a problem for Ireland where the Minister, Deputy McEntee, stated that 80% of asylum applicants were coming through the United Kingdom, although she later seemed to wobble on that figure. However, I tend to believe that must be the case because if they are not coming in through Dublin Airport, Rosslare or wherever, the great majority must be coming from the United Kingdom. The United Kingdom is not party to this pact, and we are not, and will not be, in a position to repatriate people to the United Kingdom as long as the Rwanda policy is there. If the Labour Party repeals that particular law, which is to be greatly hoped for, we are not in a position until then, and even after then, to put people across the Border in any meaningful way to be dealt with, or send them back to Britain to be dealt with. We cannot do that.

The burden-sharing arrangements are stated to be beneficial to Ireland because there are new funds to deal with asylum seeking. The burden-sharing arrangement is backed up by a penalty that can be invoked against you if you do not accept your fair share of people being distributed across the European Union. That is an entirely novel concept - that Ireland is now going to be obliged to take in people who are not, prima facie, our obligations under international law. The amount of those financial penalties can be varied by a qualified majority vote at EU level. With regard to the figures that have been put before us, and the Minister's speech refers to current figures, we are actually signing a blank cheque there.

The most important point is this. Senator Ward and the Minister have referred to Ireland's obligations under international law. It is true that in the 1951 Refugee Convention, and the protocol thereto, it is imposed upon states who are adhering to those conventions obligations in respect of people fleeing persecution and seeking certain protections from it. However, they were never intended to deal with mass migration. They were never intended to deal with 1 million people arriving in Germany from, say, Syria, encouraged by Dr. Merkel, who wanted that migration, whatever the people of other member states of the European Union wanted at the time. That convention and the protocol to it were never intended to deal with what is happening now. They were never intended to deal with an ambitious young man in west Africa travelling the whole way through Spain, crossing the Mediterranean, arriving at the Channel and the coast of Britain through the hands of people traffickers, and eventually coming to Ireland. That is nothing to do with what those conventions were there for.

I will end on this note. The fundamental problem is that there is a hugely dishonest failure on the part of many organisations, NGOs and agencies to accept that there is a radical distinction between migration on the one hand and asylum seeking on the other hand, as exemplified by Senator Ward's speech. Unless the European Union tackles that fundamental problem and rethinks and readjusts its attitude to those conventions, all of this is futile.

This House is being asked to approve us opting in to a number of measures. Why they are all put in one lump, I do not know. We could have considered each of them individually. We have not done that and we will not be doing that, in fairness. I regard what is happening today as a huge mistake. I believe that Ireland could, like Denmark, have taken a different path. It is not simply explained by Denmark’s membership of Schengen. Ireland could have done something different. It could have retained control of its own asylum and immigration policy. Alas, we have abandoned it over the past 12 years and we are now paying the cost.

I am contributing on this motion on behalf of my colleague, Senator Robbie Gallagher, who is at an important event in Clones, County Monaghan. For the record, Fianna Fáil welcomes this debate and supports the motion.

We need a fair, rules-based immigration system that represents both the integrity of our borders and the dignity of people trying to access better lives in Europe. This is reflected in the new migration and asylum pact. Under the pact, applications for asylum will be quickly assessed, as outlined by the Minister of State in his contribution, at the EU’s external border to determine if such an application is admissible or not. There will be tight timelines to allow for faster decisions, even though I listened carefully to what Senator McDowell said on that. Those who are not entitled to asylum will be returned home swiftly, allowing those in need of asylum to access protection without undue delay.

The pact introduces mandatory solidarity for EU member states, thus ensuring equal burden-sharing. States can choose their method of solidarity, giving Ireland the option, for example, to provide financial assistance rather than accept relocations. The solidarity mechanism will also allow Ireland to obtain financial assistance when needed, and I have also listened carefully to what Senator McDowell said on that point.

In accordance with Protocol No. 21 to the Lisbon treaty, Ireland must notify the European Council that it intends to opt in to the proposals related to the area of freedom, security and justice, which includes migration and asylum matters. Under Article 29.4.7 of the Constitution, approval must be sought from both Houses of the Oireachtas prior to exercising the opt-in, and that is what we are doing now.

I have listened carefully to the three previous speakers, bearing in mind that the three of them are barristers, and we have yet another one to listen to in a few moments. I am very conscious of that fact. As a layperson, I wish to ask a number of questions of the Minister of State, and these are issues that have been raised with me through e-mail and otherwise. There is genuine concern out there about this legislation. People are fearful of it – that it will see a massive increase in the number of migrants coming into the country. That is a reality and I want to put that on the record of the House.

Regarding the Dublin III regulation, No. 604/2013, there is a belief out there that it is not being implemented fully. People want to know why it is not being implemented before we opt in to this protocol. The second issue that has been raised with me is the constitutionality of what we are doing and the legislation that is before this House and in the Lower House as well. People are genuinely concerned about the constitutionality of what we are doing. As we are all aware, there is no mechanism here like there is for legislation, for the President, before he signs off on it, to summon the Council of State and, following on from its advice, send it to the Supreme Court for consideration and further determination. I understand the Attorney General said it is not necessary to hold a referendum on this but why did he or the Government not publish that advice?

On the protocol, if, in the future, some of the regulations related to it are changed, is the Government of the day obliged to come back to this House to legislate for that or to bring another similar motion before both Houses of the Oireachtas?

Those are the main questions that have been raised with me. Sovereignty is a big issue for people. There is, as I said, genuine concern from ordinary, decent citizens of this State.

I am speaking on behalf of our spokesman and on behalf of the Fianna Fáil Party, which supports this motion. However, I would like clarification on those few issues I raised.

The Labour Party is a pro-European party and we believe in the European project. We recognise the need to take collective action on an issue, which is faced not only by us but all countries in the European Union. We agree with the Government position that we do not operate in isolation when it comes to the issue of migration.

While we may bluntly vote the same way as others later, we fundamentally disagree with those in Opposition who spout Eurosceptic talk about the unfounded threats to our sovereignty. A core principle of the European Union is pooled sovereignty, and we cannot expect others to co-operate with us if we do not co-operate with them.

However, in saying all that, we do have significant concerns about this pact. Our concerns with the migration and asylum pact primarily centre around the human rights concerns that we highlighted in the Dáil through our party leader, Deputy Ivana Bacik, and which were laid out in detail by organisations such as the Irish Refugee Council, the Movement of Asylum Seekers in Ireland, MASI. the UNHCR and the Migrants Rights Centre. I am confident that many more organisations would have presented their concerns to Government had it not chosen to rush this Bill through the Dáil in a three-hour sitting, now ramming though the Seanad in one vote for seven agreements. It is very regrettable that the Irish Human Rights and Equality Commission had to highlight that it was unable to make a submission in the short timeframe provided by the Government.

Contrast this with the European Parliament, where the pact was taken as seven separate votes. What the Government is proposing in the motion today will be a single block of seven agreements taken in one single vote without any clarity on how the final legislation would be implemented in an Irish context. This is despite numerous calls across the Opposition benches to take each part of the pact separately.

Due to this decision, we in the Labour Party feel we have no choice but to vote against this motion, despite our support for some elements of this pact, particularly European Union-wide response to the issue of migration. Our concerns centre around a number of issues in particular: the border procedure, which requires processing to occur on or near the border; the potential for unnecessary detention of people seeking safety; the fiction of non-entry, where somebody physically in the country can be deemed to not have legally entered the country; and the possible stripping away of rights to legal advice.

We also have deep concerns about the fact that under the pact, Government would be required to prioritise applications of those most likely to be deported above those who are placed in the accelerated procedures channel, meaning that those most in need of asylum would be placed at the back of the queue. Furthermore, the asylum procedure regulation requires that persons arriving from countries with a refugee recognition rate of over 20% be dealt with using the border procedure. This creates a two-tier system based on nationality that could lead to individual cases being overlooked, particularly for marginal communities such as people from the LGBT+ community.

Ireland's overall recognition rate is approximately 35%. The Irish Refugee Council makes a very good case that more than 20% indicates that a high rate of protection is needed, but the Government has yet to provide clarity on those issues.

Migration has come to dominate political discourse in Ireland in recent months and in Europe in recent years. The issue has been latched onto by people seeking to divide society and promote themselves at the expense of very vulnerable communities. We cannot ignore the fact that the Government has deliberately chosen to allow this resentment to grow in communities. It has failed to communicate its policies and it continues to spend millions accommodating those seeking safety in hotels and other private accommodation settings rather than rely on accommodation provided through rapid-build programmes, which we were talking about back in 2022 when the Ukraine war first broke out. The Government ignored the recommendations in the Day report that it should build six publicly owned accommodation centres. We welcome that the Government has now committed to building those centres, but the Minister cannot come in here and try to frame that decision as some sort of achievement. These centres should have been built two years ago when the Government originally received the recommendation.

In its continued shift to frame itself as being tough on migration prior to the recent elections and potentially in advance of a general election, we saw a weak Government propose legislation to provide for the removal of citizenship from people in certain circumstances. This is a power that had already been in existence since 1956. It is another example of the Government's willingness to attack the most vulnerable in our communities in an effort to appear tough and stop the electoral thrashing from the far right. The decision to remove supports from Ukrainian refugees is further evidence of that.

There is a quote at the start of the book Outlanders by the Irish writer Seán Ó Tuathaigh which highlights the stories of displaced people around the world. It is a quote from an Andalusian philosopher called Ibn Rushd: "Ignorance leads to fear, fear leads to hate, and hate leads to violence. This is the equation." We must remember that equation today as we debate this motion.

I welcome the Minister. There has been much discussion of what this pact does and does not mean for Ireland, but first we must look at the much broader context in terms of modern migration and asylum and the deep roots of the current inequality and injustices that are leading to asylum seeking and migration. We have historical injustices and oppression. War displacement and injustice are all features of our collective history and shape the world around us today. Colonialism and the deliberate exploitation and underdevelopment of many countries across the global south have created ample conditions for war and mass displacement. In the current context, displacement is directly related to the ravages of colonialism, largely by European countries, which left many of the countries from which people now flee, robbed of their resources and their people. Not only that, but we see European powers continue to act in a colonial manner towards much of the world, whether it be through continued extraction of debt payments from former colonies, resource extraction, which we see leading to violence and mass displacement in the Congo at the moment, or through the support of repressive regimes that serve useful purposes for European powers.

Looking at all of these drivers of migration, we must be very serious and honest about the fact that our policies in the global north continue to make much of the world unlivable. It is funny that we sometimes hear the discussion across Europe is about how we can be more unwelcoming. Is the problem that we are far too welcoming? Are there ways we could make it a more miserable and awful experience? Could we have a higher death toll in the Mediterranean? Could we have more families separated? Could we put them into a more miserable, painful and brutal situation of detention? The fact is that if the choice is between unwelcoming and unlivable, people will continue to travel. The moral question for us is how we treat them.

The climate emergency is leading to displacement, famine and death. The Lancet Planetary Health journal tells us that the global north has been responsible for 92% of global emissions, with 29% from the EU, since 1850. In Malawi, one of the countries in the global south, each person produces 0.11 tonnes of carbon emissions compared with 8 tonnes for every person in Ireland.

The responsibility for the climate crisis is unequal but so are the effects. Vulnerable groups, indigenous peoples, women, children, the elderly and rural communities - about whom we hear such concern in Ireland – are at the front line of the climate crisis. Right now, 36 million people across the Horn of Africa are experiencing food insecurity because of extended droughts caused by the literal burning of our planet.

It has been suggested that the asylum policies and regime we have in terms of how we treat humanity and their right to seek asylum were only designed to deal with a trickle of some kind, and not to deal with large numbers. Surely we cannot have completely forgotten our Famine. What should they have said in America or in Liverpool then? "Sorry, we were only imagining a few people might migrate. We're sorry that thousands and millions of you are starving." Perhaps those policies did not imagine such large numbers because they did not envisage the level of cruelty that could be imposed on entire populations across the world by others.

We must look to the fact that our global economic system, intertwined with the climate crisis, is the key driver of migration and displacement. In countries that have been the subject of older as well as new forms of colonialism, where there were structural adjustment policies that intentionally undercut public services or the right to the basic necessities of life for populations, inequality becomes a driver of migration. We say we do not want economic migrants, but we are happy to impose economic policies on countries that leave them destitute and when people try to leave they are economic migrants. It is the case that the economic pressures can only go one way and that we take no responsibility for what they create.

We must also address the fact that in the 21st century, the European powers that stole the resources of many countries in previous centuries are content to tell people they are not welcome in Europe. Now we have a new form of colonialism being exerted by very large corporations, some of which may be headquartered in Ireland. We see, for example, that companies are opening private mines right across Africa. This fuels conflict and displacement at an environmental and social cost to the local population.

We are here debating the challenges of migration as if we in Ireland and Europe are the ones experiencing those challenges. In the global north we are guiding them by our policies. For context, in terms of migration and displacement, the figures have been very clear: Europe takes a very small proportion of the world's refugees and asylum seekers. Figures from the Irish Refugee Council show the EU's share of the world's refugee population has decreased. One would not think it from what we hear, but it is has decreased from 70% in 1993 to less than 20% since 2018. According to the UNHCR, approximately 74% of the world's refugees are hosted by low- and middle-income countries. Some 69% of all refugees and other persons in need of international protection live in the countries neighbouring their countries of origin. We are taking a tiny fraction of those displaced across the world, even though Europe bears a large responsibility for the drivers.

What we are really talking about is not that there is a new crisis for Europe but that there is political opportunism and exploitation of the narrative. Rich countries feel that surely they are sufficiently rich that they should not have to know about the problem or see it. We talk about third countries and the Third World.

Let us be clear that there is one world. We are on one part of it. We are taking more of the resources than the others on it. We are on that one world and have responsibility for how we treat others. There is not such a thing as Europe floating in space separate from the world, with some idea that if we create hard enough policies and make enough deals with countries on the outside, we should be able to insulate ourselves from knowing what chaos is being visited on the world.

On the specifics of the pact, I completely agree that there should be separate votes on each legislative measure rather than one vote on the package in its entirety. It is undemocratic, poor practice and a disservice to all to have put this as a single bundle with a single vote. It is a failure to face responsibility for the detailed decisions. The concerns I have on the pact are not the ones I have been written to about. They are not about Ireland's share because I think Ireland should have the capacity to do more and give leadership in this area. With our history of mass migration, we should be leading in respect of these issues. I do not have concerns and I think it is ludicrous to suggest that Ireland is full in any sense. What I think Ireland needs to do better does not relate to slowing the number of migrants but is about having better policies to plan for migration. It is a disgrace that Housing for All failed to plan. Even at that time, we knew we would have increased numbers of refugees coming from Ukraine and elsewhere. There was a failure to build housing for a new migrant or refugee population into Housing for All, then it was presented as a crisis that has unexpectedly arisen rather than something that should be planned for by any proper, modern country looking at global trends. There are failures.

That is the area of the pact I have concerns with. I note that at EU level, more than 50 civil society organisations, including Amnesty International, Action Aid, Oxfam, Save the Children and the Jesuit Refugee Service, have highlighted the real and serious concerns with human rights. They have clearly said that the EU pact on migration and asylum will mirror the failed approaches of the past and worsen their consequences. There is a risk that the pact will result in an ill-functioning, costly and cruel system that falls apart in implementation and leaves critical issues unaddressed. It could normalise the arbitrary use of immigration detention, including for children and families, increase racial profiling, use crisis procedures to enable pushbacks, and return individuals to so-called safe third countries where they are in fact at risk of violence, torture and arbitrary imprisonment.

The fortress Europe mentality we have seen emerging will seemingly continue to worsen under this pact. We have to reckon with the horror of what our EU migration policy has carried out previously in all our names. Some 27,000 people seeking refuge in Europe have drowned or gone missing in the Mediterranean since 2014. Prior to 2017, Ireland could hold its head up because our Naval Service engaged in search and rescue missions. In 2015, our Naval Service rescued 8,592 people from the Mediterranean Sea. In 2017, we entered the EU's Operation Sophia. At that time, in a debate with me, the then Minister of State at the Department of Defence, Deputy Kehoe, told the Seanad, "Transferring to Operation Sophia will result in the redeployment of Irish Naval Service vessels from primarily humanitarian search and rescue operations to primarily security and interception operations." That was a choice explicitly made to stop the work that we were all proud of with our Naval Service saving lives and to switch to the security focus that underpins so many measures in the migration pact.

By 2018, the number of people rescued fell to 1,888. By 2019, search and rescue stopped altogether. Operation IRINI, the successor to Operation Sophia, has no search and rescue mandate at all. Instead, we see the Libyan Coast Guard being notified when a ship is attempting to cross, so that if people make it to the ship, they will be returned to detention centres in Libya where they will face horrific conditions, as documented by Sally Heyden and so many others. Indeed, it seems it has given permission to some of the European coast guard services, including that in Greece, to behave with an extraordinary disregard for human rights. That agreement with the EU was formalised in the 2017 Malta declaration, which was meant to be compliant with human rights and international law. I have detail on the Libyan detention centres, which is harrowing, but because my time is constrained, I will not go into it at this point. People need only look at some of the very well documented reports to know it is unconscionable that we fund it.

The partnerships have been with many countries, including Sudan, which has received funding, including for hard borders, which we are supposedly so against in Ireland, between countries in Africa which never had borders between them because we want them to act as obstacles for us in the long term. We are happy to insert hard borders and all the tensions that come with them between other countries and third countries.

The asylum border regulation will lead to more abuses of human rights and a hardening of the policy. The mandatory asylum border policy is inhumane. The asylum procedure regulation, including the idea that people who receive a negative decision will be deported before their appeals are heard, is inhumane and could lead to people being deported into situations of real danger, in breach of their right to asylum. We note that there are many negative decisions. I recall, historically, one official who used to boast about never giving a positive decision. Many people in Ireland have had their decisions overturned on appeal because of routinely being told no at the beginning. For example, I know one person who I supported as they sought an appeal. The original decision was so badly copied and pasted that he was described as "she" throughout. The officials literally copied and pasted their decision about someone else when rejecting him initially. He only got justice at appeal stage.

On the international co-operation stream, I have highlighted reasons we should absolutely not enter agreements with countries like Libya or indeed Tunisia, which have been accused of driving migrants to the Sahara and leaving them to die. The pact would also lead to mass surveillance of people seeking asylum, specifically under the Schengen borders code reform, generalising policing checks and facilitating the practice of racial profiling within the EU, which will have negative impacts far beyond just migrants.

I finish by reminding everybody of this crucial context. According to Concern, of the ten countries with the largest number of refugees, only two are in the European Union. We are only hosting a fraction of those seeking refuge around the world. We have to remember that all of our original laws come from the principle of how humanity should treat humanity. Those of us who have the capacity should be looking for ways to make the world more liveable and to make our own country more welcoming, and indeed a country we can be prouder of rather than one that acts as a fortress.

I welcome the Minister, Deputy McEntee.

The Minister is very welcome, as always. Sinn Féin is against this motion. Like others, we are disappointed that the Minister is taking it as one whole motion as opposed to giving us the opportunity to vote on individual segments. There are two segments that we would somewhat reluctantly endorse relating to the asylum and migration management regulation, AMMR, because it seems there is a there is a degree of common sense in applying it, and Eurodac. Personally, I have significant reservations about it but I can see the logic of trying to use Eurodac to reunite families. I have reservations about the idea of fingerprinting children as young as six. I find that very uncomfortable as a concept.

There are clearly issues of sovereignty here. We are in a position, along with Denmark, of being able to opt out, so we should think carefully about this. The fact that we have a common travel area with a country that is not a member of the European Union is highly relevant here. It means we need the agility and ability to manage the situation ourselves rather than handing it over to the European Union. It is a commonsense point of view. I am really concerned at the fact that we were an hour into this debate before human rights were mentioned.

I am kind of taken aback by that. It is not as if the European Union has a good record when it comes to human rights. It actually has an appalling record. I have the privilege of being a member of the Parliamentary Assembly of the Council of Europe. I was vice-chair of the committee that deals with migration, refugees and displaced persons and have heard first-hand of the horrific conditions that meet people trying to make their way to the European Union. The Minister may recall I have, I think on two occasions, raised the Libyan Coast Guard with her via Commencement matters over the last number of years. I would be amazed if she defended the Libyan Coast Guard, but she is signing up to a pact where it will play a key role in rounding up people and bringing them back to Libya where they are subject to slavery, rape, torture and murder. Maybe she would like to explain that in her response, because I certainly could never sign up to that.

The European Union values we hear so much about are nowhere to be seen in practice. Senator McDowell mentioned detention centres. It sounded as if he was suggesting we perhaps need them here. I do not know and want to be fair to him.

Okay, I accept that. I do not know how many people here have been to a detention centre. I have. I saw two teenage children, who happened to be the same age as my children, on the Hungarian-Serbian border who had been kept in a cage for six months and were not let out of that cage for one minute of one day during the period. When one of the political associates on that trip, from the far right, started dismissing the teenager as he broke down, saying they were fake tears, I did not know where to look or where to go, yet this is what we are talking about. This is the reality of the detention centres that are going to be set up. Senator Higgins has highlighted over 50 human rights agencies who have spoken about their concerns about this and I have seen at first hand what those detention centres look like, so please do not tell me the European values we hear about are going to be implemented as part of this pact, because they are not. They certainly are not. I remind the Minister we believe that since 2016 150,000 civilians, including thousands of children, have been abducted and transferred to those Libyan camps. Despite this we think it is okay to sign up to an EU migration pact.

Senator Higgins has spoken about the withdrawal of search-and-rescue missions. It has been referred to as killing by omission in terms of Frontex. I think of the scandal of Frontex and the human rights abuses it is guilty of, which have been so well documented. The European Union has taken a clear decision not to rescue people so that it will deter other people from travelling. We should think about that for a second. We are talking about human beings. We are talking about the mass drowning of human beings that continues even as I am making this speech. It appears this Government thinks we should sign up to this pact and hand over sovereignty on these issues to the very people who are making that happen. When I spoke to the Minister about the Libyan Coast Guard, she said, in fairness to her, that she would never stand over those practices, so what has happened since? Now she is quite happy to sign up to a pact that has, as a fundamental piece of architecture, the Libyan Coast Guard. I am genuinely disturbed by this. Then there is the issue of people who arrive and are literally put back into vans, put back onto the sea and pushed back illegally. I confronted the Greek minister for migration two years ago last September on this issue because there have been such well-documented cases of what is happening to human beings. Again, he declared with a flourish and a wave of his hand that it was fake news. We know where those type of phrases come from.

As Senator Higgins said, why do we never discuss what is driving this mass migration? Why do we never discuss the wars initiated and supported by the West? Many of those wars are supported through Shannon Airport, incidentally, which again no one wants to acknowledge or recognise. The West has a huge role in this horrendous mess. When people talk about economic migrants, one thing that comes to mind is I am economic migrant. I spent plenty of years forced out of this country. My parents spent a whole lifetime forced out of this country. Have we forgotten who we are? Have we forgotten our own history? Have we forgotten, as Senator Higgins said, the Famine? My God. Where are those values we keep hearing about? I just do not see them here.

Then there is the issue of what we do in the meantime. This pact is coming in in two years’ time. What are we going to do in the meantime and why has the Government ignored the Catherine Day report for four years? It is not as if we did not know there was a huge uptick in migration coming. Micheál Martin himself said we could expect 200,000 Ukrainians and as it turns out we have had about half that. However, this Government has, for its lifetime, done nothing to implement the Catherine Day report and now is telling us it is going to do it. I do not believe it. I agree with Senator McDowell on one point he made, namely, this notion we are suddenly going to be able to process people in three months is an absolute fiction. How does the Government do that and how does it do so in a human rights-compliant way? Is it going to magic up another 6,000 to 10,000 barristers and solicitors? It is not going to happen, so that is all based on a fiction.

For all of those reasons, we should vote against the pact. I really object to the idea we have one vote on this. We should be voting on each individual area because, as I said, there are some parts Sinn Féin could sign up to even with all our concerns. What is happening here leaves a really bad taste in my mouth. Anyone who knows me knows I have no time for the dog-whistle politics I expect we will shortly hear. Everyone knows there are real human rights concerns here and it should not just be being said on one side of the Chamber, but from all sides of the Chamber. This will be seen to be a huge mistake by the Government. I have made a very clear human rights case for why we should not do this. I am also making a call again for action right now on how we deal with the horrendous mess this Government has created. I agree with Senator Moynihan there is a political issue here. It suits the Government to leave this in a mess. It suits the Government to have our people divided. It is a huge mess and it is owned entirely by the Minister’s Government. It is a disgrace to have human beings sleeping in tents along our riverbanks and canals. It should never have come to this. The Government was given a report four years ago that told it what actions it needed to take and it simply did not take those actions.

In summary, Sinn Féin is against this proposal. We are against it because it encroaches on sovereignty, ignores the unique situation of our country with respect to the common travel area and also completely ignores the appalling and ever-worsening human rights record in relation to asylum and human beings trying to reach here. Amnesty International has said:

It is clearer than ever that this EU Pact on Migration and Asylum will set back European asylum law for decades to come, lead to greater suffering, and put more people at risk of human rights violations at every step of their journeys

Amnesty went on to say:

Since these reforms were first proposed in 2020, every step of the negotiations has further worsened the final outcome – weakening protections and access to asylum for people on the move, expanding detention and containment at borders, and further shifting responsibilities to countries outside of Europe. The Pact will do nothing to improve Europe’s response to people in need of protection.

We need a proper migration system that is properly resourced, properly financed and seen to be fair and efficient. The Government has entirely failed to provide that and now it is going to hand over the decision-making to an organisation with an appalling human rights track record.

It really is unconscionable.

I have listened carefully to the debate thus far. We in the Green Party approach this issue on a humanitarian basis. Senator Higgins has articulated the reality of the crisis of people dying in the Mediterranean and how the EU and certain member states along the southern European coast have not responded in any way appropriately to that crisis. It is a challenge. We live in an increasingly unstable world, with challenges in regard to climate change exacerbating situations in which people must flee famine and climate catastrophe. In addition, there are those fleeing persecution, war or discrimination in their home countries. We know the numbers migrating will increase. Proportionally, Ireland takes a fraction of asylum seekers globally.

We need to respond to these global crises as best as possible by way of a pan-European approach. I am an unvetted male. I cross the Border two to three times or more every week. The colour of my skin protects me from being stopped and searched on public transport. I am a good Green Party person; I travel by train or bus. The language that has developed around this issue gives me serious cause for concern. I am from the North but I lived in England for seven years from the late 1990s to the mid-2000s. I saw the rampant increase in the use of inappropriate language to harass the vulnerable and target migrants, asylum seekers and refugees. It is important for us as legislators to be very clear about the language we use in this debate. The language I see and hear, particularly on one form of social media, often refers to unvetted males. I have made the point that I am an unvetted male. I had an AccessNI check several times in my previous professional employment to enable me to work with vulnerable people. There is the idea that people of a different skin colour from us pose a threat to us and to our society. I am really conscious of the language we use in this regard. We must be very clear in our choice of words.

Under today's understanding of asylum and migration, how many millions of people left Ireland as economic migrants, if that is the language we are using? How many of those who left would be accepted for asylum today? Perhaps those fleeing the Famine or from persecution and injustice before Independence would meet the criteria, but those leaving since Independence probably would not. The population in the South continued to drop until the 1960s because people left for better economic opportunities. Senator McDowell talked about the enterprising West Africans who make their way through Spain and other parts of Europe to get to Ireland. What about the enterprising people from west Cork who went all around the globe looking for better economic opportunities? Ireland is apparently the land of the céad míle f��ilte, or 100,000 welcomes. I hope we can continue to be that land.

It is important to challenge the language that says Ireland is full. We have a smaller population now than we had at the time of the Famine. It is true that our infrastructure is under pressure. We have a housing crisis, both North and South. In the South, we are making steady progress in addressing it. We hope to have 40,000 new builds by the end of this year. In the North, the Executive has signed off on building 400 social homes when there are 45,000 people on the waiting list. A report last week said the number may actually be as high as 80,000. At the current pace of change, it will take the Executive in the North almost 200 years to house all those people. As I said, we face a housing crisis and challenge in both the North and the South. We also face challenges in regard to the provision of infrastructure for new and growing populations.

I will not flirt with the language of the far right. I am really proud that the Government, during the Brexit disaster and debacle, fought hard to ensure we have an open Border on this island. We have had the common travel area for decades. There may be space, if we get a more sensible Government in the UK, to look at codifying how we deal in practice with asylum seekers and with migration across this island and between our two islands. When I was a councillor in Belfast, one of the most poignant experiences I had is particularly relevant to this debate. I and other elected representatives visited a hotel, unannounced, in which asylum seekers were being housed. I saw mothers with a brood of children each living in a single hotel room. The space for those children to play was on a set of fire escape stairs or in the hotel reception. They did not have any space. In the North, in particular, we have used hotels, Airbnb properties and other similar accommodation for people seeking asylum. In response to what I saw at that hotel, I brought a motion to Belfast City Council calling for free access to leisure services for asylum seekers. This would mean people had somewhere to go for physical activity, stimulation and integration into their communities. Luckily, I achieved all-party support for the motion.

Some of the language being used in this debate is reflective of the debacle of the "hostile environment" referenced by the former British Prime Minister, Theresa May, when she was in charge at the Home Office in 2012. The hostile environment idea was about deterring people from coming to the UK to seek asylum or as economic migrants. It was about preventing people from accessing NHS or social care services, from being able to work, which still stands, and from being able to rent a property. We have seen an extension of that type of language over recent decades. The Brexit debacle was one of the key planks of this approach, with the idea that people could be prevented from coming to the UK if the country left the European Union. Of course, the figures and evidence suggest that is not true.

We are hearing talk from a desperate Tory Government about stopping the boats. We have had threats of deportation and the failed Rwanda plan. I am glad somebody took a human rights case in the North to challenge that. I hope, after 4 July, that the incoming UK Government will be more sensible than its predecessor. I hope it will address the North-South issues. There is also a need for our Government to engage with the Executive in the North. While it does not have responsibility for these matters, there are practical steps the Executive can take to address the issues systemically.

We must address these issues on a Europe-wide basis. The migration and asylum pact is the best opportunity to do that. We can speed up the time for processing of applications. The Government has already moved on this by tripling the number of decisions being taken. That is the pace of change we want to see from the State. We also want to move away from reliance on the private sector towards the greater use of publicly owned accommodation and land. Green parties across Europe have had some disagreements regarding the pact. We have concerns about how it may be used by authoritarian regimes and governments that do not have a good human rights record. We hope for a process involving greater collaboration across Europe that will lead to solidarity. The Minister of State, Deputy James Browne, outlined the expectation that we would take 640 asylum seekers per annum or pay the fee of €12.9 million. Solidarity means that in a situation where we are facing labour shortages, we can take additional individuals seeking asylum. We can vary the number, including by upping it. That is an important point.

I hope the tenor of the rest of this debate is such that there is an avoidance of the use of inflammatory language that targets vulnerable people, including those seeking asylum. I support the motion.

I welcome the Minister, Deputy McEntee, to the Chamber and I welcome this Bill. Like many people, I have many relations in different parts of the world. There were 15 in my mother's family, 11 of whom emigrated. Ten of those went to Boston and one went to Manchester. There were seven in my father's family, five of whom emigrated. One went to New York, one went to Los Angeles, two went to Perth, Australia and one went to Manchester. I therefore know very well about what it is to have family scattered to the four corners of the world. I can understand people who wish to seek a better life. It is natural. You want a better life for yourself, your family and your loved ones. You seek not to face the same challenges you faced at home or that your parents may have faced at home. I therefore fully understand that people are on the move and that they wish to seek a better life.

The welcome was not always great. Certainly, in parts of Boston at the time, the welcome was not always what we imagined it would be. The United States was very much made up of white Anglo-Saxon Protestants at the time, and they certainly did not want to see the Irish coming. They did not want to see Catholics coming, as we would have been at the time. We must note that as well. Thankfully, the Irish integrated into the culture of the United States and into political and other circles. That is to be acknowledged.

We cannot change history, although we may wish to do so. If we could do so, we would be able to do wonders on our own island. We cannot change the plantation of Ulster or the consequences it had on our island and still has today. It happened and we cannot change that. We cannot change colonialism either. We cannot change the colonists such as those from the UK, the Dutch or the Belgians. Senator Higgins is right about the consequences of that on parts of Africa and elsewhere.

It is interesting that people blame the West. Certainly, the West did not invade Ukraine nor did the West carry out an attack on Israel. The consequences of all these things are impacting on migration, and there is, of course, climate change. It could be argued that the West and the developed world have had a large impact on climate change, and that is the case. Migrants are arriving here because of climate change.

The reality of the situation, and it may be the case that it is being heightened by the Rwanda deal in the UK, is that people are arriving in the UK and therefore they are arriving here. The Minister is on record saying that somewhere between 60% and 80% of arrivals here are coming from the United Kingdom. Unless the UK is able to be successful in its policy, we will have to deal with those who arrive. I correct many people, whether at doors or elsewhere in debates, when they say we are bringing too many people into this country. I tell them we are not. We brought Ukrainians in as part of a temporary EU directive. Anyone else is arriving as an asylum seeker. Once they arrive, we have to deal with them. We are obliged to deal with them. That is the reality, that is the law and that is the legal situation. However, the model we have, and I know it is under another Department, of housing people in communities causes tension on the ground in communities, and I faced that in a previous role in the other House and faced it up to quite recently. Senator O’Hara spoke of the unvetted male, and it is large numbers of men in particular that creates tension. Everything else we have stems from that or is conflated with it. The Government will have to look at the policy in the context of larger population centres rather than the existing situation we have.

The pact itself tries to deal with the reality of the situation Europe is facing. We are speaking of the figure of 30,000. The Minister has corrected us to state that it is 647 people who will come, but that does not mean that is all who are going to come. That is because people are coming in addition to the numbers we are obliged to take or provide money for. People are still coming. They are coming from the UK. As I have stated, the official policy of the UK is to stop the boats. The British Government, with its airforce, navy, and whatever else it has, is not able to deal with that situation. Unfortunately, those unfortunates are travelling and coming here. That may change with Rwanda, but we have to deal with the situation as it happens. It is not simple. Anyone, no matter where they are in the South, might believe or pretend this is simple, but it is not, and it is only starting.

The Minister is welcome to join us here this afternoon. The recent elections were stolen by false promises from Fine Gael to fix the migrant crisis in this country.

Stop. That is hypocrisy.

The most egregious part of this theft above all is the destruction of tents and the removal of the few possessions of people who come to our shores, which is a daft PR exercise to pretend this Government is serious about migration. Nothing could be further from the truth.

I want to raise a point of order.

We need to take a point of order, Senator.

I do not believe a Member is entitled to-----

You need to resume your seat while we deal with a point of order.

I do not believe a Member is entitled to make that allegation-----

I am not saying-----

I cannot hear both of you at the same time. Senator Keogan, you need to resume your seat while I hear the point of order.

I do not believe a Member is entitled to level an accusation of theft or stealing against other Members in the Chamber and she should withdraw that remark.

That is not a point of order.

I am advised it is a political charge and therefore is not directed at Members of the Chamber. I call Senator Keogan.

We have local and national indigenous problems with migration. Creating such a radical overhaul of legislation based on orders from Brussels cannot work well on this issue. It is simply too complex. Ireland should co-operate with Brussels on sensible migration policy. However, NGOs such as Migrant Rights Centre Ireland, the Irish Refugee Council and Nasc: Migrants and Refugee Rights all oppose this pact, which suggests this is not the way to co-operate with EU or neighbouring countries.

The Government parties are the only ones prepared to ignore the wishes of the Irish people who want to see the Irish national interest put before the so-called international obligations. As of today, 19 June, there are 10,100 IP applications. There were 4,100 Ukrainian temporary applications this year. We are heading to 30,000 this year. You only have to look out the window in this Chamber to see that this Government is failing. You only have to look at the tents across from Merrion Square to know it is chaos the Government is creating.

Denmark, our EU neighbour, will not be part of this pact and has many positive approaches we could implement at national level. These include measures such as mandatory residence in designated centres for asylum seekers and strict eligibility criteria for family reunification. Instead of granting long-term or permanent residence permits, Denmark often issues temporary permits which are periodically reviewed and can be revoked if conditions in the home country improve. Applicants for Danish citizenship or residency must meet rigorous integration requirements, including language proficiency and employment criteria. Regardless of whichever party Irish voters opted for in the recent European and local elections, Irish migration policy for the next decade is quietly being decided. We will not be able to reverse this decision.

As Members of this House well know, the purpose of this pact is to centralise power at the EU level under the guise of providing the bloc with a minimum set of standards to manage the asylum crisis that is only set to deteriorate in the coming years. Under the terms of the pact, Ireland will be allotted a set number of asylum seekers to subsidise, or indeed house, dependent on our total GDP, a figure that colleagues will admit fluctuates violently per annum due to the influence of foreign direct investment. Contrary to the rhetoric from the Fine Gael press office, the migration pact is in fact rushed legislation that is badly suited to Ireland and is only crossing the legislative finish line due to the political need for it to be approved before the sitting of the next European Parliament and the prospect of more populist MEPs.

Bringing in uncapped numbers of low-skilled and even no-skilled workers, and people with no language skills does not add to us as a nation.

It gives the illusion that the economy is growing, but it is spreading the cost base more finely, causing a service strain and continuing to compound the housing supply crisis. Social welfare programmes, healthcare, housing and other supports are badly needed. We can only expect higher public spending, more cuts in services and, ultimately, higher taxes for those of us who contribute to the Exchequer.

Uncapped migration makes it harder for low-skilled workers to earn a living wage. More workers means more demand on services, thus limiting the spending power of these economic migrants who will in substandard earning and living conditions. This is the perfect condition for people to turn to crime to make the best of a tough situation in a country as a new arrival in the asylum system.

Stop robbing the Irish people of their right to discuss border protection and to criticise decades of Government mismanagement. Stop robbing the Irish people of democracy. Start listening to the polls and to the people. This will be the legacy of this Fine Gael Government. It will be forever known as the Administration of failed migration policies and wilful disregard for people's concerns relating to this issue. That ultimately result in more crime, unsafety and uncertainty for the prosperity and well-being of our society.

I thank the Senator. Her time has elapsed.

If the Minister is-----

The Senator needs to resume her seat. Her time has elapsed. I have been more than generous in allowing for the time she lost due to a point of order.

Fine Gael is not serious about fixing this migration policy.

The Senator needs to resume her seat now.

People are wondering if Fine Gael politicians are serious about appeasing the EU Commission to ensure that they do not waste any CV-boosting opportunities for jobs in Brussels when they are all finally turfed out after the next general election.

I thank the Minister for coming to the House. There is no doubt that there has been an increase in the numbers coming to our shores and the European Union area in recent years, but we need to be very clear about the intent behind the migration pact. This pact is not driven by humanitarian responsibility towards those seeking shelter and refuge on this island or across the EU. If it were, we would see real resources being put towards search and rescue in the Mediterranean. We would not be seeing the prospect of detention centres for those arriving without documentation. We know that under the Geneva Convention, a lack of documentation is not illegal. Anybody with an understanding of the treacherous journeys that people have to undertake in order to flee war or persecution will tell us that they do not wake up in the morning and just book flights. They have to come here by all sorts of means.

If we were actually concerned and if the drivers behind this migration pact at EU level and those putting it forward here in Ireland were concerned about those who come to our shores, they would be looking for more legal pathways for migrants to enter Europe in order that they are not exploited on their journeys or when they arrive. While there are parts of the pact the Labour Party would support in terms of the need to standardise the approach to accepting, welcoming and living up to our responsibility to take in those fleeing war, persecution or extreme and grinding poverty, we need to be clear as to what exactly is happening. It is really regrettable that we have been presented with this motion, which, in effect, is an attempt to rush the transposition of the migration pact. It is an attempt by the Government to look tough when the reality is that we have not had a proper conversation - I do not believe we have anyway - in this country about the type of asylum and migration system we should have. It is a real shame that we have not had that conversation because, as I understand it, the migration pact does not need to be transposed until 2026.

We are told that we are going to be an outlier if we do not transpose the pact. However, the reality is that Ireland has always had a proud tradition in the context of European legislation whereby if we do not like it, we will take our time with it. There is an irony here in that while we are dragging our heels on environmental laws or workers' rights legislation, there is an attempt by the Government to try to rush the pact through.

While there are many who claim that Ireland is struggling with migration at the moment and the tents are obviously a manifestation of that, I think the reality is that we have seen a Government policy of what is effectively deterrence towards asylum seekers in Ireland in recent years. The commitments made in the context of setting up large-scale reception centres have not been delivered on. We again hear reports over the weekend of inconsistent information among members of An Garda Síochána with regard to the emergency referral system to IPAS for those who land in Dublin and are looking to claim asylum. Their tents are effectively being moved away by gardaí, but those people have nowhere to go. The Garda, as we understood it, should be working closely with IPAS and the IPO but, again, there were a number of gardaí in Dublin over the weekend who were saying that they will arrest people if they set up tents again. That is not good enough, and I would like the Minister to bring that back to the Garda Commissioner. We are told there is supposed to be a good functioning system between IPAS and An Garda Síochána but that does not seem to be working.

Regarding the numbers that have been coming to our shores, and I know it has already been referred to here, the reality is the numbers in Ireland this year are fewer than last year or the year before. We need to be clear on that. While there is this conversation about trying to accommodate those who are coming to our shores, the reality is that the numbers are actually going down. Of course, Ireland has taken a relatively small number compared with other EU member states. It is 1.174% of all applicants across the European Union. While it might be more per capita than other small countries like Finland, Croatia or Slovenia - and we need to ask questions of those countries - it is dwarfed by other countries. It is really regrettable that Ireland could do an awful lot more on the EU stage and say that we are encouraging other countries to do the right thing in this migration pact. Instead, we have taken a really conservative, regressive view, which will see the manifestation of detention centres, and effectively paying off countries like Libya and Egypt to deal with problems we should be dealing with ourselves.

The Minister is very welcome. I have been listening to some of the comments. I would obviously like to add my voice to that of Senator Higgins in the context of how well she captured some of the larger problems at play with regard to seeing where we stand. Especially since things have escalated in Palestine, I found myself going back to read Hegel in order to try to understand how progress can be so obvious in many ways but yet history keeps repeating itself. I am reminded of a Hegel quote about when people are talking about us emigrating and us seeking better. Why does that not resonate then when we make decisions and how we make decisions? Hegel said, "we learn from history that we do not learn from history". We have to think that if we do not learn from history, how do we continue to progress in a way that is human rights-based and do not repeat what are often the very harsh conditions of the past in the context of how we treat people? Then I think that if its not about history and remembering history, how is it about the decisions we make?

My contribution is very much more about looking at the technicalities of the pact with regard to the decisions we may make within those. Over the course of the past 12 months, my concerns were mostly around how the pact interacts with but also undermines the principles of human rights, equality and the fair application of international law, and how they have become more acute. During that time, the discourse on migration in Ireland has become more destructive and reductive. This is why I believe it is more important than ever for those of us who are motivated by a sense of global justice and the protection of our shared and fundamental rights to take the opportunity to shape the discourse and the development of fair and just migratory policy.

The EU has the potential to be a positive influential actor on the international stage in the protection of human rights, equality and the fair application of international law. Indeed, the Union has demonstrated this capacity effectively in the past. However, the EU's actions in recent times, whether it is considering certain provisions of the pact or agreements brokered by it to achieve the externalisation of our borders, are effectively undermining this capacity. This is why it is so crucial that Ireland uses its voice positively and constructively in Europe to defend the principles enshrined in the Charter of Fundamental Rights.

With respect to the asylum procedure regulation, I continue to be concerned about the safeguarding of minors within the border procedure. While it is welcome that unaccompanied minors who do not pose a security concern will be excluded from the border procedure, I am concerned about how this threat will be assessed and the procedure applied. I am also deeply worried about the erosion of standards for what is deemed a safe third country. These changes risk violating the principle of non-refoulement and further endangering vulnerable migrants, potentially seeing them placed in a country with a history of rights violations. There is significant concern in civil society that the pact could be interpreted such that mere transit through a country could deem it safe. I am saddened that the externalisation of migration to third countries has become a prominent factor regarding the asylum and migration management regulation. I believe solidarity through relocation must be the main focus of the mechanism, including giving priority through meaningful links. The scope of financial contributions for solidarity should be restricted to limit the ability of wealthy member states to renege on their relocation obligations.

Other financial capacity-building mechanisms, such as capacity-building in third countries and the transfer of returns, should also be restricted. The human rights safeguards within the screening regulation need to be more robust. Article 5, which allows for screening to take place within the territory of a member state, is of particular concern as it could result in discriminatory profiling and policing of third-country nationals. With regard to the crisis and force majeure regulation, the instrumentalisation of migrants and asylum seekers to ultimately restrict their rights and derogate from the EU acquis is unjust and unfair. Additionally, the proposed expansion of border procedures during times of crisis is open to abuse.

With regard to the condensed timeframes, we all want an asylum system process that takes less time than at present, bearing in mind what can be done in three months given the complexities of certain cases. People who have experienced trauma or war are often told they should say this or that and are given misinformation which could go against them in the long run. It takes time to get adequate information from people.

The final concern I wish to raise is in respect of Eurodac, which will lead to the mass surveillance of migrants. The regulation will mandate the systematic collection of biometric data, which will be retained in large databases for a period of up to ten years, exchanged freely between member states and made accessible to police forces across the Union for the purposes of tracking and identity checks. The minimum age in respect of the data is also of concern. I look forward to the Minister's response. If it comes to a vote, I will be voting against the pact reluctantly because, again, I would like to have seen it taken in parts.

I have a friend in Cavan, Paul Connolly, who is a brave and tireless campaigner on the point that Ireland, through its exploitation of its tax arrangements, has impoverished many countries in the developing world and that these countries' budgets for hospitals and education are weakened because Ireland became a tax heaven for multinationals. I base my perspective on this issue on our international or global solidarity concerns. I also have a personal perspective, brought to mind by Senator Ward's comments. I do not hold myself out as being a particularly good Christian but when I attend church in Dublin, in particular, I am always glad to see young families from Africa and India. I rejoice personally because they are contributing in a great way to the continuation, development and promotion of something I believe in very strongly. I regard myself very much as pro-migration and rejoice in the diversity that migrants bring to our society and in all they do for us; yet, at the same time, I am not in favour of uncontrolled migration. Therefore, while I always admire Senator Ward's eloquence and fluency as he goes around flogging the Government's agenda, I believe there was an element of cynicism when he waved around terms like "low-level racism" and "dangerous language" to try to have a chilling effect on the views, represented by some in this Chamber, of many people who are worried about the Government's mishandling of immigration and the possible dangers to our society as a result. It is not a good idea for Senator Ward, me or anyone else to attempt to comment on whether somebody is being a good or bad Christian if he or she expresses particular concerns. We should leave the diagnosis of each other's souls to another forum.

What I will say is this: in early 2020, the programme for Government offered a new migration integration strategy that promised a whole-of-government approach, involving own-door accommodation and wraparound supports. That was followed up by a ministerial tweet in eight languages announcing to the world all that the Government was doing. Then there was the Minister's amnesty, which I supported at the time, to clear the backlog of around 8,000 in direct provision. In hindsight, however, we can see that having an amnesty without firm border controls was a recipe for disaster – a foreseeable one, actually. It is not a matter of the 3,000 or 4,000 we were ready and able to absorb before the Government came into office but of a fourfold increase whereby, according to the latest count, over 30,000 people are now in IPAS accommodation. It is not sufficient for Senator Ward to suggest Denmark is different because it is in the Schengen area. He certainly did not explain that case, and that is just one reason we should not make a big decision here today without the kind of public consultation on the migration and asylum pact that the Government has run away from. We are making a big decision when we give away control over these particular decisions, having shown ourselves to be incapable of putting proper structure on the problem itself. A graph I have to hand shows the fourfold increase since the ministerial announcements I have mentioned.

We have a chaotic situation and it is impossible to know what combination of instances of Government ineptitude or indeed of ideological openness to open borders has led us to the situation we are now in. Yes, there are genuine asylum seekers for whom we must do what we can – that is only right and proper – but when we talk about economic migrants or poverty migrants, for whom we might have a lot of sympathy and want to do something and whom we might want to draw into our country as far as possible, we must also acknowledge that there are people whose origins we do not know, who may be opportunistic and who may present a danger. There is no openness to talking about that. Terms like "low-level racism" get bandied about when people express legitimate concerns about males. I hear Senator Ward's point on whether they are unvetted, but the reality is that people come from cultures that have different attitudes to women's rights. We can talk about the problem of radical Islam, and to say people should have no worries about this and that they are racist if they do is simply unacceptable. It is the type of suppression of the free exchange of ideas that is going on all over the shop these days, and it is contributing to massive fear and distrust in the country.

What people are right in diagnosing is that the Government does not understand integration. It does not understand that just providing a roof over the head of an irregular migrant is not what integration is about. Building community takes years and requires education and the acceptance of existing local identity. There is a ratio of newcomers to citizens beyond which efforts are doomed to failure, as other countries in Europe can testify to. Integration also requires a willingness by newcomers that cannot be presumed upon.

Where the expression of national sentiment is frowned upon, where the promotion of the Irish language and Irish identity is belittled, where new education curriculums in this country promote failed multiculturalism over integration and where there is a refusal to embrace the idea of healthy patriotism, it is even more difficult to grow community. The long-term welcoming of the stranger is a beautiful thing but it is conditional on the stranger's openness to continue the tradition into which he or she is being welcomed. I never hear this from liberal voices, whose noble instincts I applaud but whose naivete in the face of real-world problems and real people's fears I can only deplore.

A report yesterday and several other reports have indicated that one in four women in this country is a victim of domestic violence. Therefore, the suggestion that women are at risk from other people coming into this country is pretty hard to take or listen to. There are challenges no matter where you are and no matter who you are, particularly for women. Senators need to reflect on the types of accusations they are making here and how they feed into so much of the divisive, nasty and racist rhetoric across the country. When we talk about this, I am very conscious that we are talking about people, as my Green Party colleague has stated very clearly. So many of the people we are talking about are fleeing war and persecution or dealing with climate catastrophe in their countries and seeking a better life.

For centuries, we as a people have travelled to every corner of the world to seek a better life. Perhaps we have not always received the welcome that we would have liked. However, we know we have gone and contributed, and in the same way inward migration has been extremely positive for this country. Half a million people who work in this country were not born in this country. We are certainly enriched in our culture, traditions, heritage and the contributions they make to every part of our society in our healthcare, hospitality, transport, food and agriculture sectors - in every part of our community. As I said yesterday, when my little boy was young and was in hospital, half of the doctors and nurses minding him were not born in Ireland or Europe. They have come from every corner of the world. We would be lost without them, which we need to acknowledge.

We also must acknowledge that we need a system for those who seek international protection that has a structure that is firm and fair to those who genuinely need protection and help. We want to provide that help. We cannot provide it to everybody. Globally, there are millions of people on the move. We want to play our part and we will play our part but we must have a structure and a plan. I have listened to the debates here. I missed the beginning of some but been briefed on them and, even with the debates last night, I have not heard a single suggestion or solution as to how we deal with and have a plan in place to deal with the fact there are millions of people on the move seeking a better life.

We are doing what we can to address the root causes of migration. With climate change, we are playing our part here. We have passed very significant laws to make sure we play our part, as is Europe. We are engaging globally and internationally where there are conflicts, where we can deal with the root causes and support countries to develop their own economic situations so that younger people and others are not leaving and fleeing in pursuit of a better life. However, we must ensure that when people do come to our shores, we have a plan that will protect those who need our protection and return those who do not, and this is the plan. The reason this Government has proposed that we opt into all seven measures is that we have negotiated this plan and worked through these options. There is nothing in this that does not benefit Ireland. There is nothing in this that will not benefit those who seek protection. This is not about eroding people's rights. This is not about diminishing the human rights of any individual. This is about making sure we have a plan, that we can implement it and that those who are most vulnerable can access the support they need.

What is in it? We have a screening regulation. We cannot opt into that if we are not in Schengen. However, we will emulate it and copy it. We will make sure we put in place a similar system so that when we gather information, we can share it with our European colleagues and vice versa, and that those who are vulnerable can be identified in the very early days when they arrive in Ireland.

Second, we have a returns system. The Senator said the reason he does not want to opt into this pact is because he does not like the way that migrants are being returned, yet he is saying he wants to opt into one of the measures that actually means we would remove people from this country and returning them back.

That is not what I said.

That is what Sinn Féin is suggesting.

No, it is not.

It will only opt in-----

The Minister is completely incorrect to suggest that.

-----to Eurodac and to a returns mechanism.

In fairness, everyone has had their say, so let the Minister reply.

With the returns mechanism, we need to make sure that if a person already has asylum in another member state, that member state takes responsibility and we can adequately return the person, which we cannot do at the moment. Dublin III does not work. We know it does not work. We need to improve the system. If we do not opt into this, Dublin III will not exist and we will have no mechanism to return people to the country where they already have asylum.

On new procedures, I am consistently hearing from people that we need to invest in update our systems and that we need quicker processing and turnaround times and a quicker ability to make sure that if a person has a right to stay, they get that quickly and, if they do not, that they are removed quickly. That is exactly what the procedure regulations are doing. There is different processing.

The border regulation is for those who pose a risk coming from countries where we know they should not be seeking asylum. There is the accelerated procedure, which I have already introduced and which has seen a 50% decrease in the number of people coming from those countries. There is the inadmissibility procedure. Again, we already have this here. There is also the general procedure that applies to everybody else who does not fit into these categories. This means we will improve the overall processing, invest in the system and speed up the timeframes. Everybody has asked for it so I do not see why we would not support it. We will have the funding coming directly from Europe to be able to invest in it.

On the solidarity mechanism, why would we not work with our counterparts and colleagues across Europe? This is a global challenge. We cannot face this on our own. For those dealing with this crisis and dealing with significant numbers, it is important we work with our colleagues, as we do in every matter across Europe, to show that solidarity. It is not that we are being penalised if we do not take what is a relatively low number of people - fewer than 700 in any given year. We will decide ourselves how we want to contribute. If we do not have the accommodation, the space or ability to take people, we can contribute financially. The contribution we would make per person is actually less than what it would cost to house and support somebody here in Ireland. Again I ask, if we find ourselves in that situation, where do we turn to? How do we ask our colleagues in Europe to support and help us when we have turned our back and not opted into these measures?

We have the Eurodac regulation, again making sure we have a full understanding of people who are coming into this country and that we have fingerprints. In respect of children, this is very much a measure to make sure we can deal with the issue of trafficking because it is very much a problem. Why would we not want to have information on those who are coming into our country and the ability to share that with other member states?

In making sure there is criteria for international protection and that we are all the same so that there is not any one country with different criteria, again I do not see what would be negative about this. In making sure there is a minimum standard for reception conditions and making sure that when we develop this as part of the legislation, which will be worked through with everybody in this House and in the Dáil on Committee Stage and the measures we use for every piece of legislation, why would we not want to put in place minimum standards for people who seek our protection? In looking at our partnership with non-EU countries, again there is a very clear specific measure in this regard about how we engage with non-EU countries and work with them to make sure we can protect those who need our protection. To me, it is a no-brainer. There is nothing in this pact that will not benefit Ireland. It is a plan we have worked on to deal with what is an extremely challenging situation and environment. I have yet to hear any Senator, or indeed Deputy last night, who does not support this put forward any other solution. There is no solution.

The Minister has made a few unfair comments. It is unfair because we have hardly had the opportunity to engage in-----

It is an unfair accusation. There are plenty of bodies that have tried to put forward a solution.

Senator, please respect the Chair.

It is an unfair comment and patronising.

You have had your say. Let the Minister respond. That is all I ask.

I am not trying to be patronising. What I am saying is we have a solution here and I have yet to hear from the floor if there are other ways in which people have presented them. I have yet to hear on the floor today or last night solutions as to how we deal with this. We have seen other countries that have decided not to go with Europe and decided to go it alone. That has not reduced the number of people nor changed the situation but made it worse.

What about Denmark?

Denmark is not comparable because we have opted in in different ways. We voted for this. On this idea around our sovereignty, we voted for the Lisbon treaty. We said very clearly that we would pool our sovereignty when it comes to issues around security and migration.

That is what people voted for and that is exactly what we are discussing now.

(Interruptions).

Senator, please. The disrespect you have shown the Chair is simply not on.

It is a respectful exchange.

If you do not like this motion, you have a chance to vote against it if you wish. Let the Minister respond and let her finish what she has to say.

On a point of order, the Minister is an intelligent person. She is very well able to answer our questions. This kind of exchange is healthy. It is in our democracy.

Senator, you might think you can take me for a ride down the road on this but I can tell you this much. I am not a fool and what you have mentioned is not a point of order. Please continue, Minister.

On our sovereignty, and it keeps being raised that we are handing away our sovereignty and we need to have a referendum, people very clearly voted when we voted for the Lisbon treaty that, when it comes to migration and security issues, we would have the option to opt in. This is not being forced on us. We have the option to opt in. That is what was voted for. The only measure we have to take is that we would engage in both Houses and that it would be passed by a vote in the Dáil and the Seanad. That is exactly what we are doing here. We have had numerous debates already this year. We have had engagement at our committees. We have had briefings for Senators and Deputies on any part or element of the pact. Any debate or any further engagement would have been facilitated if it had been asked for. What we are doing here now is saying we have a plan, the people have already voted for the competencies here and we as a country believe that we should opt into these measures because this is the best way to respond to and deal with what is a hugely challenging situation while at the same time saying very clearly we want to continue to protect those who are vulnerable and need our protection.

I will now respond to some of the issues that have been raised. In respect of detention, we are not talking about detaining people and I need to be clear about that. We are very clear on the border procedure, that individuals who are going through the border procedure, the shortened three months from end to end, would have to reside in a particular designated centre.

That will not be a detention centre; it will be a designated centre. We are very clear on that. I cannot be any clearer. We are not talking about putting people in detention centres.

Issues around timelines and that we will not be able to achieve them were raised. I have already doubled the number of staff in the IPO. It has tripled the output. Only this week, I brought to Cabinet a memo outlining how we will put 400 additional staff in place, on top of the staff in the IPO and IPAS, the legal teams' processes and everything else we need, to get us to the point where we are ready to sign up in two years' time. If we need more, we will bring more business proposals and plans and will ramp things up. It is not just about staff. It is about the infrastructure and the buildings. The Minister, Deputy O'Gorman, has also brought forward a plan to make sure we have those reception conditions and larger State facilities in place, as opposed to using private providers all the time.

There were also a number of suggestions that the solidarity mechanism is a penalty. It is not. We will get to choose what way we can provide solidarity. Again, it works both ways. We could ask for that solidarity at any given point.

On Denmark, as I said, we have an option to opt in, while it has an option to opt out. Denmark has not opted out of any of the Schengen measures. In fact, it has parallel processes in place, which it has always had for border migration.

The Attorney General's advice is never published. However, every step of the way, at every engagement and every time we have engaged on and developed this at a European level, it has been done in accordance with European law. Any legislation passed will have to go through the processes in the Houses, will have to have Attorney General approval, will have to be consistent, and will uphold European and international law.

On how fundamental rights are protected, it is enshrined through the pact that people have access to counselling, an interpreter and legal support, and that we identify those who are vulnerable at an early stage and protect children. As Senator Ruane outlined, we have put different mechanisms in place to make sure that children are protected, especially in respect of border procedure, and where vulnerable people are identified, they can also be supported.

The Libyan coastguard has nothing to do with the pact. The pact is about how people are processed when they arrive and how we can make sure the system is efficient and effective. There is no link or tie with the Libyan coastguard.

On the externalisation of migration and the pact, it is not correct that a country will be able to state that people who transit through amounts to a sufficient connection to a safe third country. We have very clear ways to identify what is a safe country. I have heard from many people that we have a lower number of safe countries than others do. We are looking at where a large number of people are coming from. Should they be coming here, if they are coming from safe countries? We could designate half the countries in the world but if nobody is coming here from those countries, it does not actually have an impact on our processing and the overall picture of things. We are looking at where the larger number of people are coming from. If those countries are not safe, we will not put them on a safe country list. We are clear about that. We are reviewing seven countries at present. I expect that review to be concluded in a very short space of time.

On opting into a number of the measures but not all of them, I do not see anything in the pact that will not benefit Ireland and that is not beneficial for it. There are many contradictions in what people said. Senator Keogan talked about and referenced the MRCI and migrant rights groups that support migrants and work to protect their rights. She talked about not providing the appropriate conditions but, in the same sentence, she referenced people who are coming here who have nothing to contribute and are not educated. At the same time, she has invited people with extreme and far-right views into our own community through some of the language she used. It is hard to understand some of the views of Members.

The overall objective of the pact is to make sure that we have a system that is firm and fair, protects those who genuinely need our protection and is firm with those who do not. It is also about having a way of identifying and removing those who genuinely do not need our protection.

I will finish where I started: inward migration is good for this country. It always has been. We are the better as a country for it. Our culture and society is enriched by it. In all our debates and conversations, we need to rise above the negative and divisive language that has fed into so much of the debate and discourse over the past number of months. We should always remember, to the initial point that was made, that we are talking about people here. We all want to make sure that people can live safely, can provide for their families, and can find the right place to do that, if it is in Ireland.

I extend a welcome to Alex Furey from St. Flannan's College, County Clare. He is a transition year student who is here with Senator Dooley to look at the workings of the Seanad and Dáil Éireann. He is very welcome.

If he figures it out, he might tell us.

I hope he has a nice day and is enjoying what he is hearing and seeing. I also wish a céad míle fáilte to the other people in the Gallery.

I thank all the Senators for engaging in the debate and expressing their views, whether they were on one side or the other.

Question put:
The Seanad divided: Tá, 30; Níl, 11.

  • Ahearn, Garret.
  • Byrne, Malcolm.
  • Byrne, Maria.
  • Carrigy, Micheál.
  • Casey, Pat.
  • Cassells, Shane.
  • Conway, Martin.
  • Crowe, Ollie.
  • Cummins, John.
  • Currie, Emer.
  • Daly, Paul.
  • Davitt, Aidan.
  • Dolan, Aisling.
  • Dooley, Timmy.
  • Fitzpatrick, Mary.
  • Garvey, Róisín.
  • Horkan, Gerry.
  • Kyne, Seán.
  • Lombard, Tim.
  • McGahon, John.
  • McGreehan, Erin.
  • Murphy, Eugene.
  • O'Hara, Malachai.
  • O'Loughlin, Fiona.
  • O'Reilly, Joe.
  • O'Reilly, Pauline.
  • O'Sullivan, Ned.
  • Seery Kearney, Mary.
  • Ward, Barry.
  • Wilson, Diarmuid.

Níl

  • Gavan, Paul.
  • Higgins, Alice-Mary.
  • Hoey, Annie.
  • Keogan, Sharon.
  • McDowell, Michael.
  • Moynihan, Rebecca.
  • Mullen, Rónán.
  • Ruane, Lynn.
  • Sherlock, Marie.
  • Wall, Mark.
  • Warfield, Fintan.
Tellers: Tá, Senators Paul Daly and Joe O'Reilly; Níl, Senators Paul Gavan and Fintan Warfield.
Question declared carried.

I welcome the guests of our colleague and friend, Senator O'Loughlin, Caroline Hamill and Feargal from Suncroft Community Complex and Miley Wickham from Newbridge Volleyball Club. I also welcome guests of Senator Dolan who are in the Gallery.

I congratulate the principal of Ballinasloe College of Further Education, Bridie Dolan. who is retiring this week. Congratulations and best wishes to her. She is also a guest of Senator Dolan.

Cuireadh an Seanad ar fionraí ar 3.21 p.m. agus cuireadh tús leis arís ar 4.02 p.m.
Sitting suspended at 3.21 p.m. and resumed at 4.02 p.m.
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