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EU Agreements

Dáil Éireann Debate, Wednesday - 17 June 2026

Wednesday, 17 June 2026

Questions (135)

Ken O'Flynn

Question:

135. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the details of which specific measures are being implemented in Irish law and policy arising from the EU Migration and Asylum Pact (details supplied); if he plans to implement any provisions beyond the minimum standards required under EU law, including in relation to reception conditions, processing timelines, and entitlements for applicants; if an assessment has been carried out of the cost to the State of implementing measures above the EU minimum; and if he will make a statement on the matter. [46146/26]

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Written answers

It is a central priority for me that Ireland’s immigration system is robust, and rules based.

The International Protection Act 2026 gives effect to the EU Migration and Asylum Pact and came into effect on 12 June 2026.

The Government decided on 27 March 2024 that Ireland should opt-in to seven of the non-Schengen measures of the EU Migration and Asylum Pact:

• Regulation (EU) 2024/1348: Asylum Procedures Regulation

• Regulation (EU) 2024/1358: Eurodac Regulation

• Regulation (EU) 2024/1351: Asylum and Migration Management Regulation

• Regulation (EU) 2024/1359: Crisis and Force Majeure Regulation

• Directive (EU) 2024/1346: Reception Conditions Directive (recast)

• Regulation (EU) 2024/1347: Asylum Qualification Regulation

• Regulation (EU) 2024/1350: EU Resettlement Framework Regulation

The Dáil and Seanad approved the proposed opt-ins in accordance with Article 29.4.7 of the Constitution in June 2024. On 31 July 2024, the Commission decided to confirm Ireland’s participation in the relevant measures.

Prior to that in 2023, Ireland opted in to Regulation (EU) 2021/2303 of the European Parliament and of the Council on the European Union Agency for Asylum.

Although Ireland cannot opt-in to the Schengen border measures in the Pact: the Screening Regulation and the Return Borders Procedure Regulation,  the International Protection Act 2026 provides for appropriate alignment with those regulations.

 The Pact will provide a fair, sustainable and efficient asylum procedure. This will be achieved through convergence in asylum practices across the EU including standardised processing times for first-instance decisions, in accordance with the Asylum Procedures Regulation: three months for border procedure and accelerated procedure, six months for the standard procedure, and two months for the examination to determine whether an application is inadmissible.

The International Protection Act 2026 gives effect to the Pact measures in which Ireland is participating and puts in place a new framework to manage migration and asylum for the long-term. It will improve decision-making structures within the international protection system and provide faster timelines for the processing of international protection applications. The overall objective of the Act is to provide a fair, sustainable and efficient asylum procedure that is consistent with how asylum laws operate across the EU. 

The timeframes for processing applications and appeals provided for in the Act are in accordance with the Asylum Procedures Regulation which, as an EU regulation, has direct application in Irish law since 12 June.

Faster processing under the Pact will mean that applicants spend less time in International Protection Accommodation Services (IPAS) accommodation, and this will significantly reduce the cost of the asylum system to the State.

The Pact aims to standardise accommodation conditions across the EU to reduce secondary movement of applicants. Under the Pact and the new International Protection Act, different accommodation centres will be designated for specific types of applicants in line with the Reception Conditions Directive. This will mean changing our current approach to meet the requirements set out in the Pact. Applicants will be accommodated based on their specific needs and entitlements.

The Legal Aid Board (LAB) will continue to provide legal aid to applicants in the usual manner and throughout their application. Legal counselling for applicants will also be provided.

As the Irish system aligns with the EU system, no cost differentials arise.

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