Fears EU Migration Pact will lead to detention of 'vulnerable groups'

The Oireachtas Committee on Justice has raised concerns with Helen McEntee, the justice minister, on the EU Migration Pact. Picture: Eamonn Farrell/ RollingNews.ie

An Oireachtas committee has written to Helen McEntee, the justice minister, highlighting concerns raised at hearings that the new EU Migration Pact will lead to the possible detention of “vulnerable groups” such as families, unaccompanied minors, and victims of trafficking.

The letter from said concerns were raised at truncated hearings that new border procedures in the pact may result in “more limited access” to legal rights and safeguards.

Ms McEntee announced at the end of March that the Government had agreed to opt-in to measures in the EU Asylum and Migration Pact.

The complicated pact includes measures on screening irregular migrants when they arrive in the EU, taking biometric data, procedures for handling asylum applications, rules on deciding which member state is responsible for handling an application and co-operation between member states in crisis situations.

The committee letter, sent by its chair James Lawless, said it was provided a “compressed time period” to consider the pact and held two, three-hour hearings, including one with Ms McEntee.

This was followed by a hearing with NASC migrant support group, barrister David Leonard, the Irish Refugee Council, the Migrants Rights Centre and UNHCR Ireland.

The letter said the following concerns were raised:

• The border procedure “will lead” to the detention of individuals, including the “possibility that more vulnerable groups” such as families, unaccompanied minors, and victims of trauma or trafficking could also be subject to the border procedure and detained;
• Need to include minors, whose age is disputed, as a vulnerable group;
• Rights of children must take precedence and minors “should not be subject to detention under any circumstances”;
• Victims of trauma or trafficking should not be detained either and that detention should be a matter of “last resort”.

The letter further said that groups were also concerned at the 12-week timeline for applications and appeals, in that the period “may be too tight” to guarantee adequate protection, safeguards and access to legal representation for asylum seekers.

Mr Lawless said the committee supported calls from the groups that in order to ensure procedural rights are upheld that there is an “increase in the investments into staffing levels and an increase in the funding for legal aid”.

The letter said that the groups were concerned that there was the potential to compromise the integrity of the asylum system and infringe the “fundamental rights” of people.

It said concerns were raised that a new EU database of biometric data of applicants had the potential “to facilitate mass surveillance” of vulnerable individuals, and that the details of children aged six and over could be taken.

The letter said concerns were also raised regarding the potential deployment of gardaí for border controls and the “risk of ethnic profiling” at the border.

Mr Lawless said the committee wanted to express its own concern at comments made during the hearings, by Ms McEntee, that more than 80% of those who apply for asylum are arriving from the UK via the border with the North.

“While this is a developing matter and having due regard to the human element of those in the asylum process, the Committee urges the Minister to ensure that Ireland’s asylum system is robust, fair and that any potential issues relating to the arrival of migrants via the land border with Northern Ireland are appropriately addressed,” the letter said.

Fine Gael deputy Alan Farrell dissented from the letter.