Dáil Éireann debate -
Tuesday, 26 Mar 2002

Vol. 551 No. 2

Written Answers. - Asylum Applications.

Enda Kenny

Question:

400 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if he has satisfied himself with the working of the Schengen Agreement in so far as entry to the EU is concerned by persons from outside the EU; if further alterations or amendments are contemplated to the Agreement; and if he will make a statement on the matter. [10287/02]

Enda Kenny

Question:

401 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if he has discussions on the workings of the Schengen Agreement controlling movement into the EU by persons from outside the Union with particular reference to the fact that neither Northern Ireland or Great Britain are signatories to the agreement; his views on the impact of this position; and if he will make a statement on the matter. [10288/02]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 400 and 401 together.

The original Schengen Agreement was concluded in 1985 with the intention of creating an area of free movement within a single secure external border by shifting the emphasis from internal to external border controls. Under a protocol to the Amsterdam Treaty, the Schengenacquis, including the Agreement, was incorporated into the EU framework. This Protocol, the Schengen Protocol, does not bind Ireland or the UK but provides that either or both can opt in, at any time, to part or all of the acquis.

Following the incorporation of Schengen into the EU framework, the UK applied in May 1999 to participate in elements of the Schengenacquis including police co-operation, mutual assistance in criminal matters, narcotic drugs, and the Schengen Information System. As UK policy is to maintain its own external border controls with the rest of Europe, the UK did not seek to participate in the aspects of Schengen which concern border controls.

Ireland's request to participate in some of the provisions of the Schengenacquis, adopted at the EU Justice and Home Affairs Council on 28 February 2002, was similar in scope to the UK's application. Ireland, like the UK, will not participate in the aspects of the Schengen acquis relating to the abolition of border controls and free movement of persons. Ireland's position in this regard is subject to maintaining the Common Travel Area with the UK which has been in existence for many years. Ireland will be participating in discussions on further amendments and additions to the Schengen acquis, only in those areas of the acquis in which it has sought to participate.