Council of the European Union Decision: Motions

Minister of State at the Department of Justice, Home Affairs and Migration (Deputy Colm Brophy)

I move:

That Dáil 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 take part in the adoption and application of the following proposed measure:

Proposal for a Council Decision on the conclusion of the Agreement between the European Union and the Federal Republic of Nigeria on the return and readmission of persons who do not, or no longer, fulfil the conditions for entry, presence, or residence in the territory of either Party,

a copy of which was circulated to each member of Dáil Éireann on 24th September, 2026.

This motion seeks Dáil Éireann’s approval for Ireland to opt in to the European Council decision on the signing of the agreement between the European Union and the Federal Republic of Nigeria on the return and readmission of persons who do not, or no longer, fulfil the conditions for entry, presence, or residence in the territory of either party and European Council decision on the conclusion of the agreement between the European Union and the Federal Republic of Nigeria on the return and readmission of persons who do not, or no longer, fulfil the conditions for entry, presence, or residence in the territory of either Party.

I am bringing this motion on behalf of the Minister, Deputy O'Callaghan, who spoke on this matter in the Seanad yesterday. These proposals have a Title V legal basis in the area of freedom, security and justice under the Treaty on the Functioning of the European Union. As Deputies will be aware, this means that unlike other EU member states, Ireland is not automatically bound by measures in this area. Rather, Ireland can decide whether to opt in to such measures under Protocol No. 21 or by the three-month deadline of 8 October 2026 and that is the subject of the motion before the House.

Ireland is committed to establishing a system of migration that is fair, effective and efficient. Central to this system is a robust and credible policy on return, including readmission. Readmission is a central element of the returns process at both national and EU level. It forms a key element of the migration and asylum pact and its aim is to enhance communication and co-operation with third countries. Readmission agreements are fundamental to this objective and form an important aspect of the external dimension of migration policy. They play a valuable role in the fight against irregular migration by facilitating the admission of persons residing without authorisation in a member state to their own country of origin. They facilitate and expedite the enforcement of return decisions in respect of irregular migrants and may also function as an incentive for countries of origin or transit to enhance their migration control.

At present, Ireland is party to 12 EU-level readmission agreements including with Hong Kong, the Macao Special Administrative region of the People’s Republic of China, the Republic of Albania, Sri Lanka, the Russian Federation, the Republic of Montenegro, the Republic of Serbia, Bosnia and Herzegovina, the Republic of North Macedonia, the Republic of Moldova, the Islamic Republic of Pakistan and Georgia, and in 2025, Ireland adopted a decision for the EU to enter into negotiations for a readmission with Kazakhstan, which I understand is progressing well.

To date, Nigeria is in the top five countries whose nationals applied for asylum in Ireland. Ireland and the Federal Republic of Nigeria have a strong history of good co-operation on returns and readmission. In 2001, we signed a bilateral agreement that sought establish a formal framework for readmissions and related immigration matters. While this was never officially ratified by Nigeria, the Nigerian authorities have demonstrated good co-operation on readmission of their citizens. Nigeria remains a priority country for Ireland in relation to migration co-operation and this readmission agreement would support Ireland's efforts in driving increased, improved and sustained co-operation.

As outlined by the Minister in the Seanad yesterday, the aim of this readmission agreement is to establish rapid and effective procedures for the return and readmission of Nigerian nationals from EU member states and EU nationals from Nigeria when they no longer have the legal right to enter, stay, or reside in the other party's territory. The agreement, which will be valid for a period of five years and renewable by mutual agreement of the parties, seeks to strengthen co-operation on migration management, combat irregular migration, human trafficking and migrant smuggling, facilitate the safe, orderly, and efficient return of persons without legal residence rights and to promote voluntary return and sustainable reintegration. It seeks to put clear obligations on the parties to accept the return of their own nationals, as well as timelines for the issuance of travel documents or biometric temporary passports, or both, as well as how nationality is to be determined. These are elements of the return and readmission process that are critical to its success.

Importantly, the agreement contains safeguards in relation to human rights, data protection, governance and monitoring. Central to the agreement is that it will be applied in such a way as to ensure respect for both human rights and for the obligations and responsibilities of the EU, its member states and Nigeria under international law. Ireland has and always and will continue to advocate for the protection of fundamental human rights and I am satisfied this agreement adequately does so.

Furthermore, the agreement does not preclude any memorandum of understanding, arrangement or agreement between Nigeria and individual member states on matters falling outside its scope. In order to facilitate the implementation of the agreement, there is also the possibility for Nigeria and individual member states to conclude bilateral implementing protocols. Deputies should be aware that this readmission agreement has not been formally adopted at EU level - it is likely at some time in November. Only after this formal adoption, will the agreement come into effect.

Opting in to these proposals is in line with our declared commitment to participating in Title V measures wherever possible and is a demonstration of our pledge to protect and promote EU values in the area of freedom, security and justice. It also demonstrates our strong solidarity with our EU partners, our firm commitment to EU values and Ireland's greater alignment with the EU in relation to migration management.

Deputy Matt Carthy

My party is on record as saying that we believe in a managed migration system. We believe in the first instance that this should be guided by Irish priorities, by the needs and wishes of the Irish people and by an Irish government rather than the European Union. The Minister of State's stated objective with which he concluded a speech in terms of having EU alignment in respect of migration management - is a mistake because it ignores the realities of our own situation and the fact that we are a divided island. Part of our country is under British administration and we are part of a common travel area that the EU framework takes no account of whatsoever. Sometimes that is misrepresented by the Minister for justice and others saying that we oppose collaboration at any level with the EU. The Minister knows that while why we oppose signing up to the EU migration and asylum pact in its entirety, we did support signing up to those areas where it made sense to do so, namely, in respect of returns policy and Eurodac, the sharing of information. We agree with individual measures such as the proposition that is before us to today. That does not diminish the primary point that migration should be dealt with a national level.

I fear that this move towards EU alignment will means that we will get readmission agreements only when they are agreed at EU level and we will not see the level of proactivity that should be driven at Irish Government level. The one state with which we absolutely do need a returns agreement is our nearest neighbour. The Ministers are on record as saying that between 80% and 90% of our international protection applicants actually come via that state. There has been no sense of urgency on the part of Government to deliver that.

We recognise that the integrity of the immigration system depends on decisions being implemented consistently and fairly. Where an individual has been through the international protection process, has had his or her application fully and fairly assessed and has been found not to have a case for protection, it is important that returns decisions are made and that those decisions are enforced through deportations. That principle must apply to all countries, including Nigeria. The problem is that this State has had a very poor record over recent years when it comes to actually enforcing deportations, even tracking visa overstays and Government not providing or being willing to provide at least any of the data that would be necessary. That undermines the migration and international protection system system. In many cases of which we are aware, the authorities cannot say whether people subject to deportation orders have even left the State or the country at all and there is a significant disparity between the number of deportation orders actually signed and the number for which we have confirmed deportations. For example, there were 4,700 orders last year. That is the figure that Ministers will put up in lights but they do not outline that there were only 434 deportations. As of 18 September of this year, 3,381 orders were signed but there just 356 actual deportations.

This proposed EU-Nigeria readmission agreement seeks to establish an agreed procedure for returns to and from Nigeria. Effective returns agreements are necessary for those who do not have a right to international protection and those who are otherwise unlawfully present in the State. To reiterate the point made by the Minister of State, these can be agreed at state level. It is not a necessity that they be done at EU level and I reiterate that we should be looking at those states that are most applicable to Ireland rather than those that might be applicable to other EU states and might become the priority of the Commission. We know that the majority of Nigerian applicants for international protection in recent years have been found not to qualify for national protection, albeit a minority has been granted protection for very obvious reasons. We have to recognise that conditions actually vary across Nigeria, which is a huge country, and that there is a necessity for each case to be assessed on its individual merits but it also remains essential that proper procedures exist to facilitate returns where an application for international protection has been returned. Supporting the returns that do not have a right to international protection does not deny the reality that in some parts of in Nigeria, there continue to be extreme levels of violence linked to Boko Haram and the jihadist militant group ISWAP and therefore it is important to remember that and give people the assurance that the policies and returns are put in place only when somebody has been through the international protection system or the cases have been assessed in the individual, where non-refoulement obligations are respected and where it has been determined that a person does not have a right to remain in the State. In this context, there is an obligation on us to ensure that there is full transparency around return decisions and proper monitoring of outcomes and accountability in terms of how these agreements are implemented.

We want to ensure that we have an immigration system that is fair, rules-based and human rights-compliant and that means ensuring that those who are genuinely in need of international protection receive it, and they are treated with dignity and respect and are encouraged and supported to integrate into our society but it also means ensuring that deportations and return decisions are tracked and enforced. The biggest problem at the moment in respect of the wider international protection system is the time it takes to process applications. As I mentioned in an earlier debate, there is now a record backlog in IPAT applications. We are told that there are in excess of 21,000 appeals. That alongside the failure to monitor and enforce deportations still needs to be addressed and I urge the Government to prioritise those two issues alongside the bilateral arrangements with Great Britain that we need to see formalised.

Deputy Cormac Devlin

I welcome the motion and I thank the Minister of State for bringing it before us. Ireland's return arrangements with Nigeria date back to 2001. They were never ratified by Nigeria and it depends on goodwill. This agreement replaces goodwill with a legal obligation. Last year, Nigeria was the second largest source of protection applications here with 1,940, or almost one in seven, applications. Across the European Union, Ireland is one of the four main destinations for Nigerian applicants so this agreement matters more to Ireland than most member states. It commits Nigeria to readmit its own nationals who have no right to remain in Europe. It works both ways though and it includes safeguards on human rights, data protection and monitoring. It sits within a wider EU partnership with Nigeria on investment, trade and legal migration.

The motion is part of the Minister's wider reforms to make the asylum system faster and fairer and to restore public confidence. Protection must be there for those who genuinely need it but when someone who has had a full and fair hearing and has been refused, that decision has to mean something. The Irish people are generous and they want a system that is fair and that works. They lose faith when decisions are not enforced. Clearly no country can do this alone so the return depends on co-operation with countries of origin, with our EU partners and with the UK with whom we share the common travel area. In July, six men were returned from Dublin to Lagos through the Frontex operation from Rome. That is what working together looks like.

I ask that the Department reports annually to this House on returns to Nigeria under this agreement, including voluntary ones, and that the Minister of State continues to work with the EU and our UK partners to establish more return agreements.

We should also work closely with the Home Secretary to develop joint protocols so that people who are unsuccessful inside the common travel area can be safely returned.

Minister of State at the Department of Justice, Home Affairs and Migration (Deputy Colm Brophy)

To reiterate, and as I highlighted in my opening remarks, a firm, fair and effective immigration system is a central priority for the Government. Fundamental to the system is that our immigration laws are robust and enforced. People must be able to have faith in the integrity of our immigration system and how it addresses individuals who refuse to leave the State when they are ordered to do so. The European Council has consistently highlighted the need for a unified, comprehensive and effective policy on return and readmission, and Ireland remains committed to achieving the same. Readmission agreements play a very important role in the fight against irregular migration and are fundamental to the development of an effective policy on returns.

The readmission agreement contains clear and unambiguous, legally binding obligations that are necessary for two purposes. The first is to ensure rapid and effective procedures for the identification and return of persons, including not only nationals of EU member states and Nigeria, but also third-country nationals and stateless persons illegally entering or remaining on the parties’ territories. The second is to facilitate the transit of persons to be returned to and from a third country in a spirit of co-operation.

Ireland has previously opted into 12 EU-wide readmission agreements. As I mentioned in my opening remarks, I believe that opting into this EU readmission agreement with Nigeria would further highlight Ireland’s long-standing commitment to a common EU-wide approach to migration, and would support our aim to increase the level of returns of illegally staying third-country nationals to third countries.

In answer to Deputy Carthy’s point, I believe there is strength in unity and in the EU working together. I know that the Deputy’s party does not believe that, and that it was very selective in what it opted into supporting EU-wide. There is one thing that is always worth bearing in mind, as I have said to Deputy Carthy before in other contributions, and I was reminded of it when listening to Prime Minister Burnham talking in the last couple of days. The one country that tried to do this alone was the UK, and the one country that suffered most out of it was the UK. I agree with Deputy Devlin’s remarks. It is vital for us to build our relationship by ensuring that we develop our existing good co-operation with the UK. However, in terms of the strength that we get through working together, that strength is there with our European partners. I believe an EU-wide approach to migration is what is essential.

Opting into these Council decisions reinforces Ireland’s effort in ensuring ongoing co-operation with the Federal Republic of Nigeria and will continue to build upon the previous good co-operation on returns that we had with the Nigerian authorities. I consider it is important for Ireland to opt into these decisions in order to show solidarity with our EU partners and to ensure Ireland’s own interest in enforcing our immigration law. It will also demonstrate Ireland’s ongoing commitment to achieving a common EU-wide solution to migration, which is already evidenced by our opting into the EU asylum and migration pact. A well-functioning returns system, fully and seamlessly integrated with our new common European asylum system, is essential.

I again highlight that the agreement will be applied in such a way as to ensure respect for human rights and the obligations and responsibilities of the EU, its member states and Nigeria under the relevant international instruments applicable to the parties. The protection of the rights of persons after their readmission in compliance with the obligations under those international instruments is of particular importance and is central to the agreement. Therefore, I hope the House can support the exercise of Ireland’s opt-in in respect of these measures. I thank the Deputies for their consideration of this matter.

Question put and agreed to.

Minister of State at the Department of Justice, Home Affairs and Migration (Deputy Colm Brophy)

I move:

Proposal for a Council Decision on the signing of the Agreement between the European Union and the Federal Republic of Nigeria on the return and readmission of persons who do not, or no longer, fulfil the conditions for entry, presence, or residence in the territory of either Party,

a copy of which was circulated to each member of Dáil Éireann on 24th September, 2026.

Question put and agreed to.

Dáil Éireann debate - Wednesday, 30 Sep 2026