The overall objectives of the EU Migration and Asylum Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations. It will ensure a fair sharing of responsibility, developing robust and fair management of external borders and providing stronger governance of asylum and migration policies.
On 27 March 2024, I secured approval from the Cabinet to seek the necessary approvals from both Houses of the Oireachtas for Ireland to opt-in to the non-Schengen legislative measures that comprise the EU Migration and Asylum Pact.
On 16 April 2024, the Dáil passed a motion to refer Ireland’s opt-in to the Joint Committee on Justice. As part of the Joint Committee’s consideration of the Proposal concerning the Pact, I appeared before the Joint Committee on 23 April 2024. Several key stakeholders also appeared before the Joint Committee as witnesses on 30 April 2024. Following consideration by the Joint Committee, the Government subsequently presented a motion for consideration by the Dáil 18 June 2024.
Following debates in both Houses, on 26 June 2024, the Dáil approved the opt-in to the EU Migration and Asylum Pact in accordance with Article 29.4.7 of the Constitution following the earlier approval of the Seanad.
Article 29.4.7 of the Constitution provides that the State may exercise the options under Protocol No. 21 in respect of the area of freedom, security and justice, subject to the prior approval of both Houses of the Oireachtas.
Full debates in both Houses took place and implementing legislation will be brought forward in due course. This new legislation will be subject to the usual pre-legislative scrutiny and the full legislative process in both the Dáil and the Seanad.
Ireland’s Permanent Representative to the EU formally informed the EU Council and Commission of Ireland’s wish to participate in the relevant provisions of the EU Pact on Migration and Asylum on 27 June. These measures are expected to be implemented by approximately mid-2026.
The Pact was carefully negotiated over several years to significantly reform the current approach to migration and asylum both in Ireland and across the entire EU. It will do so by providing a strong cohesive legislative framework to address the challenges we all face in this area.
The European Union has competence to develop laws in the area of Freedom, Security and Justice such as the Pact under the TFEU, which was ratified by Ireland with the prior approval of the people in the referendum on the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Act 2009.
In an Irish context the Pact represents a permanent structural solution to the challenges around migration. Migration as a phenomenon is in essence a transnational issue. The reality is that no country can deal with the challenges of migration alone, and the need for cooperation and coordination with countries of origin, transit and neighbouring countries is ever growing.
My Department, meanwhile, continues to introduce system enhancements to the International Protection process, including through ramping up investment at every level of the international protection system. These are already yielding results but will also assist in putting the necessary capacity in place to implement the Pact.
The relevant Committees of the Houses and the Oireachtas Library, respectively, retain records of proceedings and documents submitted and laid in accordance with the European Union (Scrutiny) Act 2002.
