Colm Brophy
Dublin South-West · Fine Gael · Ireland
“The Minister has outlined very clearly our intention in relation to this matter. We have always been very clear that the ARP would be a temporary provision. It was introduced in 2022 as a response to a crisis, always with the view that it would be phased out. That remains the case.”
“It is important to look at the ARP in the context of what is happening here. We are reducing the payment back to the original rate in order to fulfil the original intention. We thank the people for the generosity they showed in opening their homes to Ukrainians who came to live with us here in Ireland.”
“It is important, as the Minister has mentioned, to recognise and thank all of the people who participated in the scheme, and to recognise the work of the Irish Red Cross and the many people who have made the scheme a success. We recognise that there are difficulties with schemes, and that is why this one has been under constant review.”
“What we want to work towards is a solution which recognises that contribution and which examines how, in the longer term, we can work with the Ukrainian people in our country and with the Government of Ukraine in order to ensure that a pathway exists for them to either continue to live here or, if they so choose, to return home.”
“lreland ratified the convention on International Women's Day, 8 March 2019. Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence 2022-2026 is structured around the four pillars of the convention, namely, prevention, protection, prosecution and policy co-ordination.”
“Some of the treaty provisions relate to the justice sphere and, therefore, Title V of the Treaty on the Functioning of the European Union. In light of Ireland’s position under Protocol 21, the court determined that two decisions were necessary, one to cover areas coming within scope of Protocol 21 where an opt-in is required and another t…”
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“Opting into the establishment of a list of safe countries of origin at Union level and the application of the safe third country concept will move Ireland further towards its aims of ensuring the establishment of a sustainable and coherent system and demonstrate our strong desire to participate in the continued advancement of the Common European Asylum System. On safe countries of origin, Ireland, at national level, has designated 15 countries as safe countries of origin, most of which are on the list proposed by the European Commission. Ireland will retain the possibility to continue to designate countries as safe countries of origin at national level. That is an important point.”
“I will begin by reiterating that it is a central priority of the Government that our immigration laws are robust and that they are enforced. Ireland is committed to the continued advancement of the common European asylum system to ensure a consistent, fair and sustainable asylum procedure at all times, not just at times of migratory pressure. Such a system demands a sharing of responsibility through mirrored approaches to migration and asylum across the European Union. This shared responsibility and shared process will need to be central to our system in future. Ireland has already shouldered some of its responsibility through the adoption of the European migration and asylum pact.”
“I fully take account of what the Deputy said about there very much being different requirements and difficulties within different sectors, but it is possible to work through those and work to have a much quicker process in the medium term based on the current processes. We will then have the complete changeover in 2027.”
“There is an ongoing process in the Department to reach out to try to simplify and put the application process in place. The answer to the Deputy's question is "Yes". By 2027, it will be a complete one-stop shop and the process will be coming. That is the target date we are working towards for the completion of the process. In the intervening period, my counterpart in the Department of enterprise and I are willing to see what we can do to ensure that we have better engagement with sectors, where it is needed between the two Departments, to ensure we streamline the process in advance of 2027.”
“We will obviously make every effort to progress, not just in meeting that 2027 deadline, but in having the systems in place to stop that duplication as quickly as possible, which is the initial step. For people applying who are experiencing those difficulties, as the Deputy quite rightly indicated, between the visa and the permit, we are trying to get that process moving as fast as possible.”
“To give the Deputy an idea of what the next steps are, an implementation team has been established, chaired jointly with the Department of Enterprise, Tourism and Employment, which will commence implementation of the single permit model. The adoption of the single permit approach is expected to be done by 2027. The programme will be delivered on a phased basis. The new application platform will be developed with customer benefits in the shorter term. Shorter term actions will be taken to remove the duplication of data collection and checks through improvement in communications. The medium-term actions will include the implementation of data sharing and integration between my Department and the Department of enterprise.”
“Also, changes were made last year to allow spouses and partners of employment permit holders to themselves take up employment without the requirement for a separate authorisation. All of these initiatives are designed to ensure the long-term sustainability of the economy and to support and recognise the vital contribution made by legal migrants to our economy and society.”
“A detailed plan has been developed to unify these processes and an implementation team is working to introduce a single permit. Once this is in place, Ireland can then seek to opt into the EU single permit directive. This is a complex and technical project, involving linking two separate IT systems, and is likely to require legislative amendment. The project is due to be completed in 2027. In the short term, steps are being taken to streamline the process so that information requests and checks are not duplicated. The customer experience will improve through aligning online information and introducing a single payment model. These steps will simplify the process for people while the common application platform is being developed. My Department is making a significant investment in the technology to fully digitise the immigration service.”
“I thank the Deputy for his question. As he mentioned, legal migration plays an essential and very positive role in Ireland's society and economy. Legal pathways are vital to addressing labour shortages in the economy. I have been working closely with the Minister for Enterprise, Tourism and Employment to ensure that Ireland's legal employment pathways are efficient and as convenient as possible. In May 2024, Government approval was secured for our plan to introduce a single permit to both work and live in Ireland. This decision followed detailed engagement by an interdepartmental group to explore the feasibility of the measure. As the Deputy is aware, there currently are employment permits. He mentioned the problems in having employment permits, visa applications and residency permits all processed separately.”
“I acknowledge there is a gap between the ceremony and the receipt of certificate. We are working on trying to tighten up and make sure the process involves as short a wait as possible. To deal with the issues the Deputy quite rightly raises as regards the impact this can have on some individuals, the primary allocation of resources was into shortening the time for people to receive their citizenship. We will continuously look at this to ensure that the processing time for people to receive a certificate from the date on which they have their ceremony to the date on which they get their certificate is monitored and that people do not experience the type of issues the Deputy has mentioned.”
“That is sometimes beyond our control and may involve seeking additional information on a particular application. However, every effort is made with every application to make sure the process is as fast and smooth as possible for the individual.”
“Based on the trend in recent years, we probably will see either sustained or small increases in the number of applications. We are always looking at how the system works to try to make it work better and ensure people have a speedy response to their request. If we are looking at increased numbers, we will look at how we are handling and processing applications. It is important to mention again that we have already made substantial investment into the system. We have significantly reduced the average time an application takes, while at the same time handling a significant increase in the numbers. I make this point again because for some individuals there is frustration. I am sure they have raised with the Deputy, as some have raised with me, why individual applications can take longer than the times I am giving.”
“The number of naturalisation applications received by the Department in 2020 was 10,807. By 2023, that had increased to 22,690 and in 2024, we saw 27,032 applications. Despite this substantial increase in applications being received in recent years, the fact that our processing times have significantly reduced is a huge credit to the work of staff in the Department's citizenship division. I thank them for that. The division has gone from processing approximately 12,000 applications per year to processing more than 20,000 per year. I expect that going forward the majority of applicants will continue to receive a decision within one year. It is important to note, however, that no two naturalisation applications are the same. Some take longer to process than others.”
“Last week, I was delighted to attend the citizenship ceremonies, along with the Minister, Deputy O'Callaghan, and the Minister of State, Deputy Collins. We welcomed more than 7,500 new Irish citizens. My Department is committed to providing the best possible service to the customers of our citizenship division. We have taken significant steps to speed up the process for applicants. The steps have included the introduction of an online digital application and e-vetting. I am pleased to inform the Deputy that these changes are dramatically reducing the times. The median processing time for a decision on application in 2024 was eight months. This is a significant improvement in processing times, which were 15 months in 2023, 19 months in 2022 and 24 months in 2021. There has been a significant step change in the process.”
“For that reason, while we have clear indications that the vast majority of people do leave when served with a deportation order, we do not have the exact number of all those who have left, having been served with one.”
“The Deputy will be aware that we do not have an exit system for leaving our country. The reason is that there are various circumstances concerning how we manage people coming and going, particularly with the common travel area. We believe, based on clear indications, that the vast majority of people served with a deportation order do actually leave the country. The indication is that people who are served with a deportation order choose to leave. They leave voluntarily. The exact tracking of that, which would require a system of having an actual process of registering the exit out of the country, is something that is very difficult to implement within a common travel area. It would put a very onerous burden on people moving across the Border between Northern Ireland and the Republic of Ireland.”
“To clarify, if a person has left voluntarily, he or she must provide, on foot of a request, officials with documentary evidence within three days that they have left Ireland. If they do not do so, a deportation order can be issued. Of the 808 people who left by way of voluntary return this year up to 27 June, 615 had been refused international protection status. Since 2020, 2,300 people have left Ireland under the programme. Of these, just over 1,600 had been refused international protection status. In these instances, the departures of the people in question have been confirmed. We have a clear indication from right across Europe that, in many instances, people who avail of the voluntary return programme do not return.”
“People who do not submit the required documentation within the timeframe are advised that their cases will result in the issuing of a deportation order. In many instances, those availing of voluntary return will be met by officials from the border management unit of my Department. In 2024, 934 people left Ireland by way of voluntary return. This year up to 27 June, 808 people have left Ireland by way of voluntary return, which is an increase of 223% by comparison with the number in the same period in 2024. Six hundred and fifteen of these were refused international protection status. Since 2020, over 2,300 people have left Ireland under the programme.”
“They are required to provide officials with documentary evidence that they have left within three days of their arrival in their home country. This can include evidence of flight tickets, boarding passes, the bio-data page of their passports and the re-entry stamp in their passport with the passport number clearly shown. People who require assistance to leave Ireland will have the necessary arrangements made by the voluntary returns unit. This may include obtaining travel documents, flight bookings and ground transport. People who receive assistance must provide evidence of their return. Further information and evidence will be requested if the supporting documentation submitted is not sufficient to confirm the person has left the State.”
“A person who intends to avail of voluntary return can arrange their return independently or be assisted with travel costs, financial aid and administrative support by the voluntary return unit in my Department, or through my Department’s partner, the UN’s International Organization for Migration. The option of voluntary return is not offered to those convicted of serious criminality. If a person receives a final negative decision on their international protection application, they are informed of the option of voluntary return and have five days to indicate whether they wish to avail of it. If a person decides not to avail of a voluntary return within this period, a deportation order is made against them. People who make their own arrangements are given 30 days to leave.”
“I thank the Deputy for the question. It is a central priority for me, as Minister for State, that Ireland’s immigration system is firm, fair and effective. Returning people who do not have permission to remain in Ireland is undertaken through both voluntary returns and deportation. Both types of returns are essential for the system to work effectively and ensure confidence in the application of our legislation in this area. My Department has a voluntary return programme to assist people to return prior to the issuance of a deportation order. It is important to note that a person can avail of voluntary return only before a deportation order is issued.”
“Retaining these measure in respect of the most serious crimes associated with terrorism and organised crime ensures that justice can be served and is free from any attempts to thwart the criminal justice process.”
“I am grateful for the consideration of the motions today and thank all Senators for their contributions, in particular those in support of the motions. The threat from terrorist activity remains, including from dissident republican paramilitary groups, that warrants the continuation in force of the 1998 Acts and provisions. Likewise, the renewal of section 8 of the 2009 Act is an important contribution to the overall framework of measures aimed at tackling organised crime. Every Senator knows the appalling damage caused by organised crime, in particular the drugs trade, on individuals, families and communities. These threats require an effective response from the criminal justice system, and as legislators, we have a duty to support the Garda and justice system in tackling these threats.”
“The Minister for Justice, Home Affairs and Migration recently informed the Government that he accepts, in principle, the recommendations of the majority report and that he will bring proposals forward in due course. In the meantime, as set out in the two reports laid before the House, it is the clear view of An Garda Síochána that the provisions of the 1998 and 2009 Acts continue to be both necessary and effective in ongoing efforts to fight against terrorism and serious organised crime. On the basis of the information set out in the reports and on the advice of the Garda authorities, I propose that the House approve the continued operation of the relevant provisions of the 1998 and 2009 Acts for a further 12 months, commencing on 30 June.”
“It is my strong view, and that of the Minister for Justice, Home Affairs and Migration that section 8 should remain in operation for a further 12 months. I wish to briefly address another matter. The House will be aware that the majority and minority reports of the independent review group were published in June 2023. The majority report recommended the repeal of the Acts and their replacement with modern, bespoke legislation. As part of this, the assessment of the majority of the review group is that there is, and will continue to be, an ongoing need for a non-jury court, as permitted under the Constitution, to try serious criminal offences in certain limited and exceptional circumstances.”
“The report that the Minister for Justice, Home Affairs and Migration has laid before the House, in accordance with section 8, covers the period from 1 June 2024 to 31 May 2025. It includes information provided by the Garda Commissioner on the use of the Act over the past 12 months. It is clear from the report that An Garda Síochána made a significant number of arrests in respect of offences relating to section 8 of the Criminal Justice Act 2011, with 11 charges laid before the Special Criminal Court and three convictions recorded. A further two sentencing hearings were dealt with in the Special Criminal Court during the reporting period. The views of An Garda Síochána are clearly set out in the report.”
“This was reflected in the record allocation of €2.48 billion in budget 2025. An Garda Síochána is working intensively to bear down on the criminals involved and deserves praise for its considerable success in disrupting their activities. I draw attention to the joint task force operation in March that resulted in £6.5 million worth of drugs being seized near Belfast and An Garda Síochána's operation in May that resulted in the seizure of €5.4 million. Senators will also be aware of other significant cases in which individuals have been sent forward for trial to the Special Criminal Court in recent weeks. I acknowledge this important work and the brave gardaí who persevere with it, day in and day out.”
“The purpose of this provision is to guard against the possibility of interference with jury trials by ruthless criminal groups that seek to behave as though they are beyond the law. It was enacted as a response to a number of difficulties where the justice system was considered to be under serious threat from organised crime. Organised crime groups have shown a particular ruthlessness in their activities, including attacks on witnesses and intimidation of jurors. It was imperative that the criminal justice system was robust enough to withstand the assault launched upon it. Most Senators will agree that this imperative remains. Supporting the efforts of An Garda Síochána in combating organised crime and bringing to justice those involved remains a priority for the Government.”
“It is my strong view and the strong view of the Minister for Justice, Home Affairs and Migration that the relevant sections should be continued in operation for a further 12 months. Section 8 of the Criminal Justice (Amendment) Act 2009 is also the subject of a motion before the House. It refers to a small number of serious, organised crime offences that are set out in Part 7 of the Criminal Justice Act 2006. Section 8 of the 2009 Act makes these offences scheduled offences for the purposes of Part V of the Offences Against the State Act 1939. That is to say, trials for these offences are to be heard in the Special Criminal Court, subject to the powers of the Director of Public Prosecutions to direct that offences be tried in the ordinary courts.”
“The strategy notes the changed security environment and evolving geopolitical landscape, where the links between the EU's internal and external security require more action against the range of threats faced, including hybrid threats by hostile foreign states and state-sponsored actors, powerful organised crime networks, and the ongoing threat faced from terrorism and technological advancements. Ireland is not immune from the threats arising in this changed security environment, and we must have the capability to deal with such threats. The views of An Garda Síochána are clearly set out in the report and it is that the continued operation of these provisions is required.”
“Of course, while the 1998 Act provides for a response to a domestic threat arising from dissident republican terrorism, as an open democracy it is very important that we do not lose sight of the threat from violent extremism and international terrorism. There has been generally a deterioration in the international security landscape in recent times, in part due to terrible wars in Ukraine and in the Middle East. Europol, in its most recent terrorism situation and trend report 2025, sets out the threat situation at EU level. The report confirms that terrorism, particularly jihadist and lone actor attacks, remains a key threat to the EU's internal security. The EU recently published its internal security strategy, ProtectEU.”
“It is our duty to ensure those tasked with protecting us from this threat have at their disposal the appropriate measures to meet it. In that regard, I am firmly of the view that the provisions I am seeking renewal of today are necessary to support An Garda Síochána in investigating, disrupting and dismantling the activities of terrorists. The report laid before this House, in addition to providing information on the use of the provisions in question over the past year, also notes the clear view of the Garda Commissioner that the Act continues to be an important tool in ongoing efforts to combat terrorism.”
“North-South co-operation in this area is crucial, and co-operation between gardaí and their counterparts in Northern Ireland is strong - indeed, automatic when needed most. In recent years, the benefits of that co-operation have been apparent from successful joint operations between An Garda Síochána and the PSNI. Indeed, the joint Cross Border Policing Strategy 2025-2027 provides a platform for An Garda Síochána and the PSNI to build on existing strategic and operational collaboration and to strengthen policing capacity and capability. I pay tribute to the Garda and PSNI officers who continue to co-operate closely and work tirelessly together to keep their communities safe and to counter all threats from terrorism.”
“It is clear that the so-called dissident republicans, who have their origins in the Provisional IRA and INLA, continue to represent a threat, although, thankfully, a lesser one than in the past. Despite the progress towards peace made over the years, they continue to seek to return to the fruitless violence of the past. They have remained resolute in their opposition to democracy and the rule of law and all that the Good Friday Agreement stands for, and they remain wedded to brutality and criminality. It is also well established that these groups have links to, and operate hand in hand with, organised criminals. There is no cause of complacency in countering the threat posed by these organisations.”
“This was a necessary and proportionate response to an atrocious and barbaric act and the murder of 29 innocent people by the Real IRA. These provisions of the criminal law provide strong legislative powers to ensure that the Garda and the courts are in a position to meet the challenge laid down by those opponents of peace. Section 18 of the 1998 Act provides that sections 2 to 4, inclusive, 6 to 12, inclusive, 14 and 17 must be renewed by the Oireachtas at least annually if they are to remain in force. The report laid before this House includes information provided by the Garda Commissioner on the use of the provisions in question over the past 12 months and a table setting out usage figures for each of the years since the Act came into operation.”
“The two motions before the House seek the approval of Seanad Éireann to continue in force provisions in the Offences against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009 aimed at combating terrorism and organised crime. Given the nature of these important provisions, the Houses of the Oireachtas have decided that they should be periodically reviewed. The Minister for Justice, Home Affairs and Migration is required to lay reports before the Oireachtas on the use of the relevant provisions in the two Acts, and reports covering the 12 months up to 31 May 2025 were placed in the Oireachtas Library on 18 June. Senators will be aware that the Offences against the State (Amendment) Act 1998 was enacted in the aftermath of the Omagh bombing in August 1998.”
“-----communicating on deportation flights, but they are part of it. What we are doing here, as I said, is a process of engagement. I would ask, therefore, that the House would support this exercise for Ireland's opt-in in respect of this measure. I thank the Deputies for their consideration on this important matter.”
“There is no desire by the Government to initially move to things like deportation flights. They are an end part of a process where we actually believe people have been given an opportunity to voluntarily return at the start, and for people to engage in leaving in other ways.”
“Deputy Gannon's colleague sitting behind him told me on radio that she accepted the fact that deportations were an essential part of the process.”
“Contrary to the remark made earlier, a faster system would actually be fairer to everybody, including people going through the process. We recognise the need for that change, which is why we are so determined to make sure that we transpose the migration pact into Irish legislation to enable that faster and more streamlined process to take place. The readmission agreement would reaffirm that it would be applied in such a way as to ensure the protection of human rights. There is a constant refrain that we seem to be ignoring this; that is not the case. I cannot understand the position the Social Democrats seem to be taking on this and their opposition to it. At one point they said, though they do not seem to say it any more in their contributions, that they were in favour of deportations and that they accept it as part of a process.”
“It is important that Ireland opt in at this initial stage because, contrary to what the Social Democrats might like, it shows solidarity with our EU partners and at the same time ensures that Ireland's interests, including having an efficient and streamlined EU return process, are fully reflected in the negotiating mandate. A well-functioning return system fully and seamlessly integrated with the new common European asylum system is essential, and we have often heard that return is the missing link from achievement represented by the agreement on the overall European asylum pact reform. With regard to the pact reform, some of the measures Deputies have outlined in their contributions looking to have a more streamlined approach and a faster system.”
“We are not outsourcing to the EU. We are part of the European Union. It is important that we acknowledge that and a common approach is the best, which is why we have opted in to the European asylum and migration pact. It is also worth noting, in light what seems to be a presumption that we are automatically bound by any agreement resulting from negotiations, that the aim is simply to give the Commission a mandate to negotiate with Kazakhstan on a readmission agreement. At that point, once an agreement is finalised, Ireland will then seek to opt in to that agreement.”
“We are actually engaging in an initial stage which, as the Deputy fully knows, will come back afterwards to the House for full discussion, if we choose to opt in at the end. While the numbers coming to Ireland from Kazakhstan are low, and I accept the point made about applications for international protection in 2022 and the five applications in 2024, opting into the Council's decision to open negotiations on readmission with Kazakhstan would further demonstrate Ireland's commitment, which is important, to a common EU-wide solution to migration that is already evidenced by our opting in to the EU asylum and migration pact. I make that point in respect of Deputy Carthy's comment about outsourcing to the EU. I know his party does not really like the EU, regardless of what lines it throws out from time to time, but we are the EU.”
“It is the bit that Deputies, in some of their contributions, are choosing to ignore or do not seem to take on board; opting in would clearly demonstrate support for our EU partners and their citizens' interests. Choosing to take part at this stage would also align with Ireland's commitment to opting in, wherever possible, to EU measures in the area of freedom, security and justice under Title V. That is a very important part.”
“The purpose of the Council's decision is to open negotiations on a readmission agreement with Kazakhstan that contains clear and unambiguous legally binding obligations that are necessary for two purposes. The first is to ensure rapid and effective procedures for the identification and return of persons, including nationals of EU member states and Kazakhstan, third-country nationals and stateless persons, illegally entering or remaining on the party's territory. The second is to facilitate the transit of persons to be returned to another third country in a spirit of co-operation. By opting in at this stage, Ireland will be able to engage fully in the Council decision and negotiating mandate. That is a crucially important part of this.”
“I reiterate what I said in my opening remarks, which is that the essential priority for the Government in our immigration laws is that they are robust and enforced. People are entitled to have confidence in our immigration system and there obviously must be consequences for individuals who refuse to leave the State when they are ordered to do so. Returns and readmission are fundamental pillars of the comprehensive and credible EU policy on migration. The European Council has consistently emphasised the need for a unified, comprehensive and effective policy. Readmission agreements play a very important role in that fight against irregular migration.”
“The three-month period for an opt-in under Article 3 of the Protocol expires on 17 June. If we were to opt in after the decision has been adopted, under Article 4 of the Protocol we would not have a vote on this proposal. I reiterate that this mandate relates simply to the opening of negotiations and does not entail any commitment by Ireland to any agreement that may be reached. Any agreement resulting from these negotiations would need to be subject to a separate opt-in procedure at the time, once the details were known. I believe it is important for Ireland to opt into this initial Council decision, so as to ensure our full participation in any negotiating mandate. Opting in would also demonstrate our solidarity with our EU partners and our commitment to EU values, as well as Ireland’s support for EU migration issues.”
“This proposal has Title V legal status in the area of freedom, security and justice under the Treaty on the Functioning of the European Union, which means that unlike other EU member states, Ireland is not automatically bound by measures in this area. Instead, Ireland has the right to decide whether to opt into such measures under Protocol 21 to the treaty. Opting into this proposal would be consistent with our declared commitment to participating in Title V measures wherever possible, and a demonstration of our pledge to protect and promote EU values in the area of freedom, security and justice. Opting in at this stage, before the decision has been adopted by the European Council, would enable Ireland to opt in under Article 3 of Protocol 21 and take a full part in the Council decision and vote on the negotiating mandate.”
“Kazakhstan is not currently a major country of transit for irregular migration to the EU. However, this might change in the future, in part due to instability in the region. The readmission agreement is expected to reaffirm that it will be applied in such a way as to ensure respect for both human rights and for the obligations and responsibilities of the EU, its member states and Kazakhstan under international law. The agreement is also expected to contain language that ensures that the EU and Kazakhstan will devote particular attention to ensuring the protection of the rights of the person after their readmission in compliance with their obligations under international law.”
“The bilateral relations between the EU and Kazakhstan are framed by an enhanced partnership and co-operation agreement, which lays the foundation for enhanced co-operation in key policy areas such as promoting mutual trade and investment, co-operation in justice and home affairs, economic and financial co-operation, energy, transport, environment and climate change, employment and social affairs, culture, education and research. The EPCA provides for the possibility of negotiating an agreement on readmission in parallel with an agreement on visa facilitation. Approximately 1,000 Kazakhstan nationals per year received an order to leave the EU between 2019 and 2023 although this number decreased during the Covid-19 pandemic, and member states have not reported major issues when returning those persons to Kazakhstan.”