Press release
Minister McEntee secures approval from Government to opt-in to measures of the EU Pact on Migration and Asylum
Published on
Last updated on
Published on
Last updated on
The Minister for Justice, Helen McEntee TD, has today secured Cabinet approval to seek the necessary approvals from the Houses of the Oireachtas to opt-in to measures in the EU Asylum and Migration Pact.
Speaking after Cabinet, Minister McEntee said:
Today I secured Government approval to seek the agreement of the Oireachtas to opt-in to measures which will benefit Ireland and benefit Europe.
EU migration is a shared European challenge that requires shared European solutions. EU agreement on the Pact demonstrates that we stand strong together in ensuring our asylum systems are cohesive, fair, and efficient, that we work together in protecting our borders, tackling secondary movement, and demonstrating solidarity to the frontline States most acutely affected by irregular migration.
The Pact will harmonise asylum procedures and processes across the EU. It will speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to their country of origin efficiently.
It will oblige states to conduct enhanced screening and security checks on those arriving at borders and will reduce irregular secondary movements of asylum seekers, which will be particularly impactful for Ireland.
I expect this decision to contribute in a major way to our overall aim, which is to reduce the level of secondary movement, reduce the number of applications we have to process, reduce the time people spend in state provided accommodation, and make the return of those not entitled to protection much more efficient.”
The legislative changes will provide for:
• The full repeal of the International Protection Act 2015
• Legally binding timeframes for making decisions on international protection applications and appeals.
• A greater focus on efficient returns for unsuccessful applicants
• Accelerated processing including for those from safe countries, those with no or false documents, and those who have crossed borders illegally.
• Those who are processed under the border procedure will not be authorised to enter Ireland and will be accommodated at designated locations. Their applications, appeals and removal decisions must be processed within three months.
• New dedicated accommodation for those who are being processed in the border procedure or who are due to be returned to another country.
• A new solidarity mechanism requiring countries to either make a financial contribution to or agree to relocate some asylum seekers from countries facing particular pressures.
• Expansion of the categories of migrants who will be fingerprinted and checked against the Eurodac database.
Minister McEntee also stated:
Ahead of the introduction of these measure, I am continually improving Ireland’s International Protection system. Reforms my Department have implemented have significantly reduced processing times for applications, reduced applications from countries I have designated as safe, while also giving protection to those who need it faster. I have commenced a review of safe countries to determine if further countries can be added to the existing list.
Since the introduction of accelerated processing in November 2022 by Minister McEntee, the number of cases from safe countries have dropped by 38%. An initial decision for a person coming from a safe country is made in around 60 days.
Opting into the Pact provides a significant opportunity for Ireland to redesign the system for granting protection in line with European common standards.
Notes to Editor:
Asylum Procedures Regulation
• The main objective of the Asylum Procedures Regulation is to streamline, simplify, and harmonize the procedural arrangements of the Member States, by establishing a common procedure for international protection in the EU. This includes mandatory accelerated procedures for certain categories of applicants such as those coming from countries with a recognition rate of 20% or less or those who present themselves without documentation or with false documentation.
• It introduces mandatory asylum procedures for certain categories of applicants. The purpose of the border procedure is to swiftly process claims and to ensure swift returns can be affected, in full compliance of fundamental rights.
• Member States must establish an adequate capacity, in terms of reception capacity and human resources, to examine at any given moment an identified number of applications in the border procedure. At EU level, this adequate capacity is 30,000, which is shared among Member States on the basis of a formula which takes account the number of irregular border crossings and refusals of entry over a three-year period.
• Unaccompanied minors are exempted from the border procedure unless they present a security concern. It is also possible to exempt individuals who present special reception needs or special procedural needs from the border procedure, including for medical reasons.
• Additional safeguards have been incorporated in relation to families with minors, to ensure their processing is prioritised once admitted into the border procedure, and that they always reside in facilities that comply with the Reception Conditions Directive.
• Protections in relation to fundamental rights are provided for throughout the process, with additional safeguards for children and unaccompanied children who seek asylum, including legal representation and a multi-disciplinary age assessment. Independent monitoring in relation to fundamental rights in the border procedure will be provided for.
• The regulation provides further guidance for a harmonised application of the safe country concepts, by regulating the concept of “effective protection”, and introducing the designation of safe third countries and safe countries of origin lists at Union level. Member States will still be able to designate other countries as safe where they meet the criteria.
• A common procedure for international protection across the EU. This common procedure will involve four elements: a border procedure, an accelerated procedure, an inadmissibility procedure, and an ordinary or standard procedure.
• Ireland already operates an accelerated procedure, for example for people from safe countries of origin. However, the new regulation will make accelerated processing mandatory for certain applicants and include a three-month deadline for making decisions on such cases.
• Ireland also already operates an inadmissibility procedure, such as for people who have already been granted asylum elsewhere. The new regulation requires decisions to be made within two months in such cases.
• The ordinary procedure is the standard process for international protection applicants. The new regulation introduces a six-month deadline for such cases.
• The most significant change is the introduction of a new mandatory border procedure. This will apply to people who have misled authorities (such as by destroying identity documents), who are a danger to national security or public order, or who come from countries with a 20% of lower approval rate for asylum applications across the EU.
• Those who are processed under the border procedure will not be authorised to enter Ireland and will be accommodated at designated locations. Their applications must be processed within three months, and if unsuccessful, they must be removed within a further three months.
Eurodac regulation:
• Eurodac is the European database that stores the fingerprints of international protection applicants and irregular migrants.
• The new regulation expands the scope for wider immigration purposes to include asylum applicants, irregular migrants apprehended at the border and irregular migrants found to be illegally staying, new categories for persons disembarked following search and rescue operations, and beneficiaries of Temporary Protection.
• It will also now include children aged six and above to enhance protections from children and combat child trafficking.
Asylum and Migration Management Regulation:
• The Asylum and Migration Management Regulation provides for a common framework for a comprehensive approach to asylum and migration management. This includes a governance structure whereby Member States will have national strategies in place regarding implementation of this framework, including on contingency planning.
• It also provides for a streamlined criteria and reduced timeframes for determining the Member State responsible for a protection application, as well as revised rules on shifting of responsibility within the EU. This means simpler procedures where somebody arrives having already made an asylum application in another Member State.
• It introduces a mandatory but flexible solidarity mechanism to assist Member States facing migratory pressure. A Solidarity Pool will be established from which a Member State who is determined as being under migratory pressure can draw from. All Member States must contribute to this Solidarity Pool on the basis of a mandatory “fair share” principle (based on the formula 50% population and 50% GDP). A minimum annual number for relocations and financial contributions at EU level is set out in the Regulation – 30,000 for relocations and 600m for financial contributions.
• Importantly, Member States have full discretion as to the type of solidarity they contribute. These contributions can include relocations, financial contribution, alternative solidarity measures such as deployment of personnel or measures focusing on capacity building, or a combination of these.
• Throughout the negotiations of this measure, Ireland has supported a predictable, sustainable, and flexible system of responsibility and solidarity, recognising that support is required for Member States who are faced with the reception of a disproportionate number of applicants, ensuring this does not then place an undue burden on the contributing Member States asylum and reception systems.
ENDS…///