Dáil Éireann Debate, Tuesday - 30 January 2024
396. Deputy Mattie McGrath asked the Minister for Justice the reason Ireland has not opted out of EU immigration policies, considering that under Article 29.4.7 of the Irish Constitution, Ireland can legally opt out of such policies under Protocol 19 of the Lisbon Treaty; and if she will make a statement on the matter. [3748/24]
View answerMy Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
On the issue of participation in EU measures, Ireland made a declaration when the Lisbon Treaty entered into force stating its firm intention to take part in the adoption of measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union (measures in the area of freedom, security and justice) to the maximum extent it deems possible. A similar commitment was made in relation to the Treaty of Amsterdam.
In addition to those formal commitments under the treaties, Ireland has opted in to measures in the migration area in recognition that the challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in an increasingly globalised and interdependent world. Working with our fellow Member States allows us the opportunity to operate in a more coherent and effective manner in managing asylum and migration.
The decision to opt-in to any particular EU measure is considered by the relevant Department and brought for a formal Government decision of approval following all necessary consultations with other Government Departments and the Attorney General’s Office. In order to formally opt-in to any measure under Title V of Part Three of the TFEU, the Government must first, in accordance with Article 29.4.7, obtain the prior approval of both Houses of the Oireachtas, which it does in all such instances.
