2026-03-19

2. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the position regarding all discussions he has held with British authorities on the implementation of the EU migration and asylum pact and its impact on the common travel area; and if he will make a statement on the matter. [20733/26]

I was watching in for parts of the Seanad debate on the International Protection Bill. I was interested in, but not a bit surprised about, the failure, either in the Bill or in the EU migration and asylum pact, to have due consideration for the common travel area. The latter was a dominant part of the debate. What discussions has the Minister had with the British authorities regarding the pact's implementation and its impact on the common travel area?

I thank the Deputy for his very opportune question. Last Friday, at the UK-Ireland Summit 2026 in Cork, I had a discussion with the Secretary of State for Northern Ireland, Hilary Benn, in respect of the common travel area, the new legislation that we are going to enact here and the need to ensure that there will be no abuse of the common travel area. Regrettably, we do see the latter between this jurisdiction and Northern Ireland. Last month, I had a discussion by way of a remote meeting with the Home Secretary, Shabana Mahmood. At that meeting, we had a very extensive discussion about issues relating to asylum, the common travel area and other matters of mutual interest. As the Deputy knows, the UK is not only not part of the EU asylum pact, it also decided to leave the EU and go it alone. It is fair to say, without being too critical of the UK, that this policy has not worked. In order to be able to combat abuse of the common travel area or asylum mechanisms, countries need to work harmoniously with each other. That is why working within the EU is the best approach from Ireland's point of view. The number of asylum applications in the EU last year were down by 20%. In Ireland, they were down by 30%. They were only down by 4% in the UK. At present, as the Deputy will be aware, the UK is designated by me a safe third country. Once the legislation commences on 12 June, it will again be designated as a safe third country. As I have repeatedly stated, movement in the common travel area between Northern Ireland and the Republic is not permitted for people who are not citizens. I have engaged with the British Home Secretary on the measures that will be introduced, such as data sharing and operational measures. As the Deputy knows, Operation Sonnet is ongoing.

We can have our opinions on Brexit. In fact, I am sure we would agree on many points. However, we would also need to agree on the fact that Brexit is a fact of life and that we find ourselves in a unique position. It is a fact that no other state which has signed up to the EU migration and asylum pact is also part of a common travel area with a state outside of the Union. The Minister has repeatedly made the claim, as have other Ministers, that the majority of international protection applicants enter the State via the common travel area. In fact the Minister's review of Protocol 21, which was published last year, acknowledged that the opt-outs we had to things like the migration pact were important in order to maintain the common travel area. The Minister referred to discussions he has had with British Ministers. Correct me if I am wrong, but I did not hear anything about either a fundamental change or a new bilateral agreement being on the cards. Does the Minister not accept that this is what is required between this Government and the British Government if we are to have an asylum process that works?

The basis upon which we think the greatest number of those claiming asylum in Ireland are coming from the UK is the number arriving at the International Protection Office. This year, 90% of people who have claimed asylum in Ireland did so at the IPO. That leads us to believe they are coming across the Border with Northern Ireland. It is a huge challenge whether we are in the migration pact or not. The simplistic view sometimes put forward is that if we had not gone into the migration pact, we would not have this issue. We would have this issue because of our land border with the United Kingdom and the common travel area. We need to emphasise that people who are not citizens of Ireland, the UK or the Channel Islands are not allowed to travel back and forth across the Border on the island of Ireland. We also need to recognise that I have discussed the issue of data sharing with the British Home Secretary and will reach agreement with her on that. That is extremely important in resolving abuses of the common travel area, as are operational measures between An Garda Síochána, the Police Service of Northern Ireland and Border Force. As to getting a written agreement with the British, I cannot force the British Government to enter into an agreement to take back asylum applicants from the Republic.

You can try, Minister. That is what I am asking. What efforts have been made? I will touch on the designation of Britain as a safe third country. Let us assume the figures the Minister has given are accurate, although a lot of work needs to be done on the collection of data as to where IP applicants are coming from. Section 220 of the International Protection Bill 2026 requires the Minister to be satisfied that any proposed safe third country fully meets EU standards, particularly in relation to non-refoulement and access to a functional asylum system. Will the Minister outline the assessments that his Department has carried out as to the prospects of Britain meeting these criteria and how these will be assessed? Has analysis been carried out as to what happens if Britain does not meet statutory and EU requirements or if a legal challenge to such designation in the courts were to be successful? The Minister will agree that if the figures he has cited are anywhere close to the reality, this would create huge problems, which could potentially derail the entire system he intends to implement.

At present, the UK is designated by me as a safe third country. That designation was done on the basis of an assessment. By 12 June, I will designate it as a safe third country under the new legislation, provided I get the assessment. There is no reason to think the assessment will change. Circumstances in Britain have not changed since I previously designated it as a safe third country. On the impact of this measure, under the legislation, certain applications from people who come from a safe third country will be inadmissible. It will also be possible to return people to a safe third country. As the Deputy will know, when it comes to the deportations that take place and that have taken place, I can only deport or remove people to countries that are prepared to receive them. I cannot just charter a flight, land it in the UK and say "Here you are". Co-operation with the UK is required. I have a very good relationship with the Home Secretary. There is recognition of the issues that arise in respect of the common travel area and there will be an agreed response from the Irish and UK Governments. It is a difficult challenge. Can the Deputy come up with a simple response to it? I am not being facetious but the only way to stop it is to put a hard border on the island and we do not want to do that.