EU migration pact will result in ‘less safeguards’ for those seeking protection, says refugee council

More than 160 organisations across Europe, including Amnesty and Human Rights Watch, have raised concerns about pact’s contents

The EU’s new Asylum and Migration Pact will result in changes to how those seeking asylum are processed, including a greater focus on efficient returns for unsuccessful applicants.
The EU’s new Asylum and Migration Pact will result in changes to how those seeking asylum are processed, including a greater focus on efficient returns for unsuccessful applicants.

The Government’s decision to opt into a new EU migration pact, due to take effect in 2026, will result in “less safeguards, increased detention and destitution among people seeking protection”, the Irish Refugee Council (IRC) has claimed.

Speaking to an Oireachtas Justice committee on Tuesday, Nick Henderson, chief executive of the IRC, said of most concern was that “people who arrive without documentation and those that have had to cross a border illegally will be detained”.

The IRC said this would include applicants from countries with high rates of refugee declarations, including Afghanistan and Somalia, who have “no alternative other than to travel without passports or substitute documents”.

In March, the Government approved a proposal to opt-in to measures in the EU’s Asylum and Migration Pact. This will result in changes to how those seeking asylum are processed, including a greater focus on efficient returns for unsuccessful applicants and accelerated processing for those from safe countries or those with no documents or false papers.

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More than 160 organisations across Europe, including global human rights organisations such as Amnesty and Human Rights Watch, have raised concerns about the pact’s contents.

Addressing thecommittee, Edel McGinley, director of the Migrant Rights Centre Ireland (MRCI) asked the Government not to allow “a few bullies to distract us, whip up fear, and spread dangerous lies about those of us who are different because of where we come from”.

Barrister David Leonard made the point that there was “no interest group on either side that is entirely happy with the pact”.

This was “not necessarily a sign that it is bad. Rather, this may indicate an imperfect consensus based on compromise”, he said.

However, Fiona Hurley, chief executive of NASC, the migrant and refugee rights organisation, argued the mandatory timeline of 12 weeks to complete applications, appeals and removal decisions was “exceedingly challenging and may result in rushed and inadequate assessments”.

Nuala Egan, chairperson of the Legal Aid Board, said the increase in applications for international protection was a challenge, as the Board is budget-led rather than demand-led.

“The State grant has been increasing in recent years, but so too has the range of services for which the Board is responsible as indeed have the number of clients”, she said.

Independent TD Mattie McGrath said rural TDs in their group want a 'harsh but fair, strict, migration policy'. Photograph: Brian Lawless/PA Wire
Independent TD Mattie McGrath said rural TDs in their group want a 'harsh but fair, strict, migration policy'. Photograph: Brian Lawless/PA Wire

Meanwhile, a group of rural Independent TDs have said that the migration pact should be put to the people in a referendum.

The group of TDs has a motion in the Dáil on Wednesday calling for the Government to publish the Attorney General’s advice on the Pact and an independent assessment of the financial burden on the State of opting in to it.

The motion also calls on the Government to commit to “an open, fair, transparent national debate on the ramifications of the Pact” and “the question of the necessity for a people’s referendum”.

Announcing the Rural Independents’ motion on the pact, Tipperary TD Mattie McGrath said TDs in the group want a “harsh but fair, strict, migration policy here that will give people who come here seeking refuge a fair opportunity to make their case”.

“And if they’re from a safe country or if they’re not genuine and don’t meet the criteria that they are sent back to their own country as quickly as possible in a reasonable manner.”

He raised concern that the pact involves a transfer of sovereignty to Brussels and the costs that could arise for the State as a result of measures it contains.

Cork South-West TD Michael Collins agreed that there should be a referendum saying: “Let the people have their say. This pact is a cause of fierce concern to the people of this country.”

Asked if they were concerned their motion would play into anti-immigrant sentiment, Kerry TD Michael Healy-Rae said that “highly respectable people” he meets while canvassing in the local elections are “questioning our migration policy and the way the Government is handling people coming into this country.”

He said he does not like such people being “put in the same barrel” as someone who would spit in a Garda’s face at an anti-immigration protest.

Mr Healy-Rae added: “You can’t say those two people are the same. So there are extremes.”

Limerick County TD Richard O’Donoghue said: “We support peaceful protest – I do. We don’t like people that go in and create damage to other people’s property.”

Jade Wilson

Jade Wilson

Jade Wilson is a reporter for The Irish Times

Cormac McQuinn

Cormac McQuinn

Cormac McQuinn is a Political Correspondent at The Irish Times