We are taking No. 1 on the Order Paper, the proposed approval by Seanad Éireann of the proposal for a Council decision on the conclusion of the agreement between the European Union and the Federal Republic of Nigeria on the return and readmission of persons who do not or no longer fulfil the conditions for entry, presence or residence in the territory of either party; and No. 2, motion regarding proposed approval by Seanad Éireann of the proposal for a Council decision on the signing of the agreement between the European Union and the Federal Republic of Nigeria on the return and readmission of persons who do not or no longer fulfil the conditions for entry, presence or residence in the territory of either party. The two motions will be debated together, but decided on separately.

I move:

That Seanad Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure:

Proposal for a Council Decision on the conclusion of the Agreement between the European Union and the Federal Republic of Nigeria on the return and readmission of persons who do not, or no longer, fulfil the conditions for entry, presence, or residence in the territory of either Party,

a copy of which was circulated to each member of Seanad Éireann on 24th September, 2026.”

Before I call the Minister, Deputy O’Callaghan, I welcome Jenny Kylie to the Seanad, who is a guest of Senator Martin Conway. She is very welcome. I call the Minister to speak. He has five minutes.

As the Acting Chairperson indicated in her introductory remarks, I am here to move two motions seeking the approval of Seanad Éireann for Ireland to opt in under Article 3 of Protocol 1 to two European Union Council decisions. The Acting Chairperson has expressly stated what they are already, so I will not repeat them. Generally, they relate to readmission agreements between the Republic of Nigeria and the European Union. The two Council decisions are distinct. The first decision is the signing of the agreement between those two entities, while the second is the conclusion of the agreement between the European Union and the Federal Republic of Nigeria.

As Senators will be well aware, in order for any migration management system to function efficiently and effectively, it must have an effective and credible policy on returns, including readmissions. Readmission is a core part of the returns process at both national and EU level, forming an essential element of the migration and asylum pact and its efforts to enhance communication and co-operation with third countries.

Readmission agreements are intrinsically linked to this objective and constitute an important aspect of the external dimension of migration policy. They play a valuable role in the fight against irregular and unlawful migration by facilitating the admission to their own country of persons residing without authorisation in a member state. They facilitate and expedite the enforcement of return decisions in respect of irregular migrants and may also function as an incentive for countries of origin or transit to enhance their migration control.

Ireland is currently party to 12 EU-level readmission agreements, including with Hong Kong, the Macau special administrative region, the Republic of Albania, Sri Lanka, Russia, Montenegro, Serbia, Bosnia and Herzegovina, North Macedonia, Moldova, Pakistan and Georgia. In 2025 Ireland adopted a decision for the EU to enter into negotiations on a readmission agreement with Kazakhstan, which I understand will be forthcoming.

Ireland and the Federal Republic of Nigeria signed a bilateral agreement in August 2001 to establish a formal framework for readmissions and related migration matters. While the agreement was never formally ratified by Nigeria, the Nigerian authorities have previously demonstrated good co-operation on the readmission of their citizens. Nigeria remains a priority country for Ireland in relation to migration co-operation but there is scope for greater consistency and this readmission agreement will support Ireland's efforts in driving increased, improved and sustained co-operation.

Nigeria, as Senators may be aware, is in the top five countries whose nationals applied for asylum in Ireland to date in 2026. I should point out that, already during my term as Minister, I have managed to send a flight back to Nigeria with Nigerian citizens who were unlawfully in Ireland. I acknowledge the co-operation we received from the Nigerian Government and the Nigerian Embassy in Ireland for giving effect to this. I commend them and thank them for it.

The aim of this readmission agreement is to establish rapid and effective procedures for the return and readmission of Nigerian nationals from EU member states and of EU nationals from Nigeria when they no longer have the legal right to be there. The core objectives of the agreement are to strengthen co-operation, combat unlawful migration, combat human trafficking and migrant smuggling, and facilitate the safe, orderly and efficient return of people who are not legally entitled to be resident in countries. It sets out clear legal obligations on the parties to accept the return of their own nationals as well as timelines for the issuance of travel documents and-or biometric temporary passports. It also sets out how nationality should be established and the mode of transfers.

The agreement will be valid for a period of five years and renewable by mutual agreement of the parties. It does not preclude any further agreement being entered into by member states with Nigeria. In order to facilitate the implementation of the agreement, there is also the possibility for Nigeria and individual member states to conclude bilateral implementing protocols. The readmission agreement affirms that it will be applied in such a way as to ensure respect for human rights and for the obligations and responsibilities of the EU, its member states and Nigeria under international law.

These are measures under Title V on freedom, security and justice and, therefore, they are covered by Protocol 21. It is appropriate that Ireland should exercise its option to opt in under Article 3 to these Council decisions as they are of benefit to Ireland. Opting into these proposals is also consistent with our declared commitment to participate in Title V measures wherever possible. I note that these Council decisions and the related agreements will need to be formally adopted before they come into effect, which will probably be in November.

Cuirim fáilte roimh an Aire go dtí an Teach. The Minister is very welcome back to the House this afternoon. On behalf of the Fianna Fáil grouping, I am happy to support both motions as outlined in detail by the Minister. I commend the Minister on the record for the vigour and the reforms he has brought to his portfolio, particularly on this matter. The reforms are clearly working and I commend him on his work and wish him well in his ongoing reforms in this area.

We all strive to see a migration system that is fair but firm. To have a proper firm and fair system, it is important that proper readmission pathways are in place. I welcome that it is not just the EU but also that Ireland is building up relations with Nigeria in this regard. It is one of the strengths of the EU pact that no one can go it alone in relation to migration and no country can go on a solo run. We have seen that our nearest neighbour, Britain, tried that particular vehicle, but, unfortunately for that country, it has proved to be quite a task and it is finding it difficult to get on top of this issue. Co-operation is the keyword here, not just in relation to our EU partners but concerning other countries too. I welcome that co-operation is growing with Nigeria in this regard. I look forward to that co-operation strengthening in future.

In the list of countries that are top of the league table for people coming here, where is Nigeria? In relation to readmissions or returns of those people not legally entitled to be hear, what are the statistics in this regard? I am happy to fully agree with the proposals as set out by the Minister, and I look forward to his response to my query.

Is aoibhinn liom a bheith anseo inniu. Cuirim fáilte roimh an Aire, an Teachta O’Callaghan, arís chuig an Teach seo don díospóireacht úsáideach atá idir lámha againn tráthnóna.

Even as I stand here as an Independent Senator, I do not carry a remit from my Independent colleagues. All the Members of the House will understand that. If I were, however, to wager a sense of the level of conversation held among our group, I would pretty confidently guess, that this proposal would not meet with broad approval from the group. There may, of course, be exceptions, and I would not like to speak precipitously on behalf of anybody, but the House will understand that.

From my own perspective, I think this is clearly very judicious legislation to put through these Houses. In common with our European partners, we are all striving to get a handle on this business of immigration and illegal residency. We see all the disasters happening around us in the world. Apart from the immediate pain, suffering and trauma caused by these things, we know that further down the line, people who have been dispossessed and impoverished as a result of these disasters will be looking to emigrate to places like Ireland that have a high standard of living and offer a tenable future. People always wish that for their children. Parents are no different in Afghanistan or Nepal than they are in Ireland. Every one of us wants the best for our children and that is the impetus that motivates an awful lot of migration. It is the sense of desperation that people suffer in these countries that are downtrodden and corrupt and have a legion of things wrong with them that cause them to look to the sunny uplands of places like Ireland, the UK and prosperous countries in Western Europe, along with the United States. They look to the dream of having a comfortable existence, a roof over their head, a health service, a wage packet, a place to call their own, and the ability to sustain a dream, not just for themselves but for their children and for children in the generations to come.

I think the Minister is pushing at an open door in this regard. The proposal is timely and sensibly drafted and I welcome that. I have two small questions to raise. I was delighted to hear the Minister advert to the fact that there is great co-operation from Nigeria in relation to this legislation.

It charms me to hear that.

In freedom of information requests we can see what it costs to charter a long-haul airline to take 70 people back to Nigeria, for example. We see some astronomical figures. Do the State and taxpayers bear the full brunt of that charge or do recipient countries channel into that? At some stage, do we have to sweeten the deal with countries by asking them to part-finance the undoubted financial burden they will undertake when they are trying to reintegrate their own people into a society they may have been away from for ten, 15 or 20 years? In the spirit of openness, I would like my questions answered. If there is some reason such information cannot be conveyed to the House, I understand that perfectly. I would welcome the information. Godspeed with the legislation on this occasion.

I welcome TY students from the Intermediate School in Killorglin, County Kerry, and their teachers Seán Houlihan and Anne O'Connor. They are guests of Deputy Michael Cahill.

Cuirim fáilte roimh an Aire, an Teachta O'Callaghan, as ucht teacht isteach chun na rúin atá os ár gcomhair a phlé. Sula dtosóidh mé, cuirim fáilte roimh na daltaí ar fad ón Scoil Idirmheánach i gCill Orglan. Is cuimhin liom go maith an fhoireann peile iontach a bhí acu in 1996, nuair a bhuaigh an scoil Corn Uí Ógáin, ós rud é gur chailleamar cluiche ceannais na Mumhan an bhliain chéanna. I remember the superb football team from 1996 which came from the Intermediate School in Killorglin. It won the Hogan Cup in what was an historic year for Killorglin and coincided with Laune Rangers winning the club championship. There were tough memories for me when I was on the losing side in Munster, but it is great to see students from the school here.

Cuirim fáilte roimh an dá rún atá os ár gcomhair inniu. I would like to particularly welcome the proposed readmission agreement with the Federal Republic of Nigeria. While a lot is said about our process of migration and immigration, international co-operation is very important. This is another step forward in that regard. I very much welcome the proposal to opt in under Article 3 of Protocol 21. It is welcome to hear from the Minister the level of co-operation that has existed to date with the Nigerian Government and embassy to facilitate the repatriation and readmission of those who are determined not to have fulfilled the conditions for entry, presence or residence in Ireland and the reciprocity that exists for Irish people in Nigeria. It is important from the perspective of upholding a strong, firm and fair migration system that initiatives such as these are entered into on an international basis. Ar son Fhine Gael, tugaim mo chuid tacaíochta don dá rún.

Cuirim fáilte roimh an Aire. Sinn Féin will support the motion before the House today. However, I want to begin by making our broader position on migration policy clear. We believe decisions on migration should ultimately be made by the Irish people and Government, rather than giving those powers over to the European Union. That is why we opposed Ireland signing up to the EU migration and asylum pact in its entirety. We believe that handing away these powers undermines Irish sovereignty and limits the ability of an Irish Government to respond to the particular circumstances and needs of this State. This position does not mean that we cannot support individual measures where we believe they are reasonable and necessary, and the proposal before us today concerning the readmission agreement with Nigeria is one such measure.

Where someone comes to Ireland seeking international protection, they must have the right to have their application properly and fairly assessed. Every case must be considered on its individual circumstances and our obligations on non-refoulement and fundamental human rights must always be respected, but where that process has been completed and where an application has been fully assessed and a person been found not to have a case for international protection or a right to remain in the State, the resulting return decision must also be capable of being of enforced. That principle applies to all countries, including Nigeria. The majority of Nigerian applicants in recent years have not been found to quality for international protection, although a minority have been granted protection - that distinction is important. Conditions can vary significantly and no person's case should ever be predetermined simply because of the country they come from. There must also be transparency around those decisions, proper monitoring of outcomes and accountability in how an readmission agreement is implemented. We want to see an immigration that is fair, rules-based and compliant with human rights and that means protecting people who genuinely need international protection. It also means ensuring that decisions are implemented when someone is found not to have the right to remain in the State.

We cannot discuss this issue without addressing one of the biggest problems facing the system at present, namely the extraordinary length of time it takes to process applications. The backlog of applications before the International Protection Appeals Tribunal is now in excess of 21,000 and that is simply not sustainable. Long delays are unfair to the people who genuinely need protection, unfair to communities and unfair to those who eventually receive a negative decision after spending a considerable time in the State.

We need faster and fairer decision-making, proper enforcement of final decisions, effective return arrangements and full respect for our human rights obligations so while we are reiterating our position that migration should primarily remain a matter for the Government, Sinn Féin will support the motion.

I have just come from a meeting of the foreign affairs committee where we were discussing the diaspora. We were discussing some of the effects that the policies designed to create a climate of non-welcome in Ireland for migrants are also creating for our returned emigrants and for Irish citizens when they seek to return. I refer to policies such as the changes to our homelessness supports whereby if people do have not habitual residence, they will not be allowed access emergency accommodation. They are the kinds of things that will affect those who are returned because now we have a situation where Irish people are also being returned involuntarily to Ireland from places such as the United States, which has also engaged in its part of the international clampdown on migration, despite the fact that all of our economies deeply depend on workforces that can move and can travel. I refer, similarly, of course, to the measures in respect of family reunification - restricted measures that will make it very hard for those who want to return to Ireland to care for a family member to bring a spouse with them, if that spouse happens to be a non-EU citizen and they happen to not be in a high-income job.

In that context, it is important that every measures gets looked at for how it is fitting with the piece. In the case of the European Union, additional scrutiny is needed because it has got it so wrong in the migration control funding given to Libya which led to vile human rights abuses, in the funding the European Union gave to Sudan which founds its way into the hands of the Rapid Support Forces and led to the eventual suspension of that funding because of its use for repression, and we now have a large amount of money which is attached to this deal as well. That is why I would like to know what are the safeguards. What has been learnt from the bad policies in migration control from the European Union in the past where it has given money which has been used to violated human rights, data protection, and governance and monitoring? I would like to know what are the safeguards, including for LGBTQ people who are illegal in Nigeria currently and for women, for example, in terms of the societal risks of FGM, and what measures and standards will be there in terms of the funding that is going and, crucially, what assurances are there that this agreement, including the package of supports that the European Union is offering in relation to it, will not be used to facilitate third country deportations, which are being actively supported by other EU member states.

I am glad that Ireland has not signed up to this grotesque idea of third country deportations, which are in fact human trafficking. In addition to being a colonial and racist notion, they are human trafficking on an institutional level. Ireland has not signed up to it, but several other EU countries are looking for it. Will this package, in terms of migration agreements with Nigeria, also be used to press Nigeria to co-operate with a future third country deportation role? Can the Minister assure us that there is no danger of that with this package and tell us what specific safeguards are in place in that regard? This is about safeguards at each stage and recognising that mistakes have been made in the very recent past.

I dtús báire, gabhaim buíochas leis na Seanadóirí as a n-óráidí. D’éist mé leo go cúramach agus aontaím le go leor acu. I thank Senators for their contributions. I will try to respond to some of the issues raised.

I thank Senator Gallagher for his comments and I agree that we should have a migration system that is fair but also firm. He commented on the co-operation with Nigeria, which we have good co-operation with, and asked what the number of applicants from Nigeria seeking international protection was this year. At present, Nigeria is number two on the list of those nationals seeking international protection in Ireland. This year, to date, there have been just over 1,100 applicants from Nigeria who have made applications in Ireland. As was pointed out by Senator Murphy, and as I have stated before, the significant majority of these applications are rejected at first instance. Indeed, when you look at them after appeal, the majority of them are rejected.

I thank Senator Conway for his comments in respect of this being a judicious proposal and I agree that it is. He inquired about who was liable for the cost of persons being returned to another country, be that Nigeria or any other country. It is the deporting country that is liable for the cost, but we are very much dependent upon co-operation from the receiving country whose nationals are being removed back to that country. I am pleased with the co-operation we have had in the past and I believe we will get in the future from Nigeria.

A flight was sent to Nigeria from Ireland in June of last year, which brought back 35 people. I think the cost was approximately €325,000. However, we are also now using Frontex, which is an EU-wide entity. Ireland is not a member of Frontex, but we are entitled to avail of its services. Recently, we have been availing of joint Frontex return operations, not just to Nigeria but also to other countries.

Senator Murphy indicated that any decisions in respect of migration should be made by the Irish people. I agree entirely and that is what we are doing here. The elected people of Ireland and the Upper House are deciding whether we opt into this proposal. The only reason I am putting it forward is because I believe it is in the best interests of Ireland. In fact, we are able to do this without entering into this European-wide agreement because, as we know, a flight did go back to Nigeria from Ireland last June on a chartered plane. Those operations will continue to happen. However, the benefit of this agreement is that we will have even greater specificity between ourselves and Nigeria when it comes to that in the future.

Senator Murphy also referred to the length of time for assessments. Historically, that was the case, but I am very pleased to say we are now seeing much faster processing of applications. Since the International Protection Act came into effect on 12 June, we have seen people who have come in under the border procedure having their applications processed within three months and their appeals dealt with. In fact, people who have made applications under the new system that I commenced on 12 June have now not only had their first instance decision heard and determined, but also their second instance appeal heard and determined. That is through the new body that has been set up, namely, the Tribunal for Asylum and Returns Appeals, TARA, which is the tribunal returns adjudication panel that is dealing with those.

We are getting through the historic applications in terms of IPAS. It is essential, however, that if people bring an application for international protection, they are dealt with promptly. That is what is happening under the new scheme.

I listened to Senator Higgins and her criticism of the EU. I have a different political perspective from her in respect of this. I think every country is entitled to protect its borders. It is not unique to Europe. African countries - Nigeria, for instance - are entitled to return people who are unlawfully present there to European Union countries. It works both ways. There have to be safeguards. In this instance, the only time an individual will be sent back to Nigeria is if, having claimed international protection, they have had that claim rejected and the appeal rejected and they have been served with a deportation order. That is the circumstance in which they will be returned. Similarly, somebody who does not go down the route of international protection but is a Nigerian citizen and has overstayed their visa can be sent back in that circumstance as well.

It is a reasonable proposal for any country to say if there are persons there who are not entitled to be and have not been granted asylum, they are entitled to return them. That happens in most countries. We would create an untenable situation for ourselves if it was the case that we could not do anything in respect of people who have come here unlawfully. In that case, what would be the point of having the asylum processing system or visas? It would just be a free-for-all. That is not what the Irish people want.

I welcome the students from Sion Hill College in Blackrock. They are guests of Deputy Boyd Barrett.

I move:

That Seanad Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure:

Proposal for a Council Decision on the signing of the Agreement between the European Union and the Federal Republic of Nigeria on the return and readmission of persons who do not, or no longer, fulfil the conditions for entry, presence, or residence in the territory of either Party,

a copy of which was circulated to each member of Seanad Éireann on 24th September, 2026.”