ieExplains: What is the EU Migration and Asylum Pact, and can Ireland opt out?

Ireland officially opted into the pact in June 2024 and, in the intervening two years, the Government has been adopting legislation to enact the pact. But what is it?
ieExplains: What is the EU Migration and Asylum Pact, and can Ireland opt out?

Tents housing asylum seekers near to the Office of International Protection in Dublin in 2024. The pact aims to 'burden-share', with several countries in the Mediterranean seeing higher levels of immigration. File Picture: Niall Carson/PA

The long-awaited and much-debated EU Migration and Asylum Pact will come into effect on Friday, June 12.

Ireland officially opted into the pact in June 2024 and, in the intervening two years, the Government has been adopting legislation to enact the pact.

But what is the pact, and what will it mean for Ireland?

What is it?

The pact is an agreement among EU member states that will harmonise asylum laws. It suggests it will “secure external borders” and make the asylum process quicker.

It also aims to “burden-share”, with several countries in the Mediterranean seeing higher levels of immigration.

Countries will either take in a certain quota of asylum seekers or make a financial contribution. Justice minister Jim O’Callaghan has confirmed that Ireland will make a financial contribution amounting to €9.26m in 2027.

It will also introduce an obligation for people to apply for asylum in the first country they enter, which will cut down on “secondary movements”.

How will Ireland process asylum applications?

The pact will see “mandatory border procedures” introduced for some applicants, which aims to make quicker assessments. This will include instances where people are unlikely to be granted asylum, or they pose a security risk.

They will not be allowed to enter the country and, instead, will be held in reception centres.

Screening will see uniform health, identity, and security checks of migrants who “cross EU external borders illegally”. This must be done within seven days.

Those who arrive in Ireland via the airports or ports will be subject to security checks and registered on the “Eurodac” system, which will record fingerprints.

Standard applications must be processed within six months, while those who come through the border procedure or an accelerated procedure must receive a decision within three months. Return decisions will be issued at the same time as negative asylum decisions.

Can Ireland “enact Protocol 21” to opt out of the pact?

There have been calls on the Irish Government to enact Protocol 21 of the Lisbon Treaty, which provides Ireland with the ability to opt out of justice and home affairs measures.

A spokesperson for justice minister Jim O’Callaghan told the Irish Examiner there are “no mechanisms” available to opt out of the pact, as the Dáil voted to opt in two years ago and a new International Protection Bill has become law.

Who is in favour?

When the EU Migration and Asylum Pact passed in the Dáil in 2024, the only people who voted in favour of it were the three government parties — Fianna Fáil, Fine Gael, and the Greens.

The current Government has suggested that Ireland “cannot go it alone”, and the pact will reduce the number of people seeking asylum as “secondary movements” will be disallowed, and applicants will be processed faster.

Who is against the pact?

A lot of people, but all for different reasons.

Some argue that it goes too far, while others argue that it has not gone far enough.

Independent Ireland accused the Government of “selling out Irish sovereignty” by joining the pact.

Aontú leader Peadar Tóibín said that it “outsources” Ireland’s decisions on immigration.

Sinn Féin MEP Kathleen Funchion said that her party believes each country should have its own migration policy.

Most, including Fine Gael MEP Maria Walsh, have expressed concerns about “return hubs”, which will see centres for failed asylum seekers set up outside the bloc.

  • Louise Burne is the Political Correspondent with the Irish Examiner. 

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