Order of Business
The Taoiseach proposes taking several EU readmission motions without debate; Gerry Adams objects, citing insufficient committee scrutiny and possible neutrality and human-rights implications, while the Taoiseach defends the prior discussion.
It is proposed to take No. 14, motion re proposed approval by Dáil Éireann for a Council Decision 2007/341/EC of 19 April 2007 on the conclusion of the agreement between the European Community and the Russian Federation on readmission, back from committee; No. 15, motion re proposed approval by Dáil Éireann for a Council Decision 2011/118/EU of 18 January 2011 on the conclusion of the agreement between the European Union and Georgia on the readmission of persons residing without authorisation, back from committee; No. 16, motion re proposed approval by Dáil Éireann for a Council Decision 2007/820/EC of 8 November 2007 on the conclusion of the agreement between the European Community and Bosnia-Herzegovina on the readmission of persons residing without authorisation, back from committee; No. 17 motion re proposed approval by Dáil Éireann for a Council Decision 2007/817/EC of 8 November 2007 on the conclusion of the agreement between the European Community and the former Yugoslav Republic of Macedonia on the readmission of persons residing without authorisation, back from committee; No. 18, motion re proposed approval by Dáil Éireann for a Council Decision 2005/809/EC of 7 November 2005 concerning the conclusion of the agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation, back from committee; No. 19, motion re proposed approval by Dáil Éireann for a Council Decision 2004/424/EC of 21 April 2004 concerning the conclusion of the agreement between the European Community and Macao Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation, back from committee; No. 20, motion re proposed approval by Dáil Éireann for a Council Decision 2005/372/EC of 3 March 2005 concerning the conclusion of the agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation, back from committee; No. 21, motion re proposed approval by Dáil Éireann for a Council Decision 2007/819/EC of 8 November 2007 on the conclusion of the agreement between the European Community and the Republic of Serbia on the readmission of persons residing without authorisation, back from committee; No. 22, motion re proposed approval by Dáil Éireann for a Council Decision 2007/826/EC of 22 November 2007 on the conclusion of the agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation, back from committee; No. 23, motion re proposed approval by Dáil Éireann for a Council Decision 2007/818/EC of 8 November 2007 on the conclusion of the agreement between the European Community and the Republic of Montenegro on the readmission of persons residing without authorisation, back from committee; No. 24, motion re proposed approval by Dáil Éireann for a Council Decision 2010/649/EU of 7 October 2010 on the conclusion of the agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation, back from committee; and No. 35, statements on the report of the inter-departmental committee to establish the facts of State involvement with the Magdalen laundries (resumed).
It is proposed, notwithstanding anything in Standing Orders, that Nos. 14 to 24 shall be decided without debate and shall be moved together and decided by one question which shall be put from the Chair; and Private Members’ business shall be No. 106, motion re State forestry.
Comment on this
This issue was dealt with at committee last week and there was not enough time to consider the issues involved. There may be no problem but there may also be implications for neutrality and human rights and there is a need to hear from some of the relevant NGOs, such as Amnesty International or Human Rights Watch. We do not think putting it through on a nod does justice to the issues involved.
Comment on this
These were all discussed at committee on 20 February in some considerable detail. Since competence was conferred on the EU in this area the European Council issued a mandate to the Commission for the negotiation of 20 separate EU readmission agreements of which 13 are now in force. The Council is actively identifying new candidates in accordance with the action plan on migratory pressures as they are called. The legal base for EU readmission agreements falls within title V of the TFEU and as such comes within the scope of the 21st protocol on the special position of Ireland and the UK. This allows Ireland to choose on a case-by-case basis which initiatives in the freedom, justice and security pillar it may wish to participate in. Ireland opted to participate in the EU readmission agreement with Hong Kong in March 2004. It is now proposed that Ireland should similarly opt into the agreements I have read out - Sri Lanka, Russia, Pakistan, Macau, Albania, Bosnia-Herzegovina, Macedonia, Montenegro, Moldova, Serbia and Georgia.
EU readmission agreements established enhanced procedures for the identification and repatriation of persons who do not or no longer fulfil the conditions for entry, residence or presence in the requesting state. They will contain provisions relating to the obligation on the third country and the community to readmit persons to their territory, including their own nationals and in certain circumstances, third country nationals or stateless persons. They will also commonly include provisions relating to the following - common accepted definitions, arrangements for transit operations through their territory, recovery of costs, data protection, no effect on international rights and obligations, standards of proof, time limits for dealing with requests, territorial application, entry into force and duration and termination. Such agreements are generally conducted in tandem with visa facilitation agreements. However, since these relate to the Schengen zone they do not impact on this country.
By opting to participate in these agreements Ireland will benefit from enhanced procedures for the readmission and the return of irregular migrants, a closer alignment of our national policies with the EU and consequently the UK which is already participating in these agreements and using the opportunity to send a positive signal as regards the value for Ireland of participating in these measures during the Irish Presidency of the European Council. They are the conditions that apply and it is in our interest that we participate.
Comment on this
That may be so and everything the Taoiseach says may be accurate, correct and truthful but I am advised that there was not enough time at committee to discuss these matters and there are implications.
Comment on this
Question put: "That the proposal for dealing with Nos. 14 to 24, inclusive, without debate be agreed to."
Do you agree with this result?