Migration is a complex issue that needs to be handled humanely, fairly and with great sensitivity.
Europe needs migrants to tackle its demographic decline, but disorderly migration leads to exploitation, human trafficking and tragic loss of life at sea.
Europe’s refugee crisis of 2015-2016 exposed shortcomings in the EU’s migration system, and Russia’s military invasion of Ukraine in 2022 that caused millions of people to flee their homes shows just how quickly a humanitarian crisis can develop.
Up until recently immigration was not considered a major topic of debate in Ireland, but the sudden arrival of refugees from Ukraine and an acute shortage of emergency accommodation for asylum seekers has raised concerns.
The root causes of these concerns can’t be addressed by Ireland alone and the Irish Government has expressed its intention to opt-in to the EU’s Pact on Migration and Asylum, which will tackle this global issue in solidarity with other Member States.
The Pact is aimed at creating a manageable, humane, European approach to migration that can help those in need of protection, and also attract migrants with the skills needed to contribute to Europe’s sustainable growth.
During the refugee crisis of 2015/16 Member States on the EU’s external borders struggled to cope with large migrant flows. The different asylum systems across Europe lacked proper coordination, and many asylum seekers were left living in substandard conditions for lengthy periods, with some moving to secondary countries before having their applications processed.
Disorderly migration causes confusion that can result in the exploitation of migrants by criminal groups, and the manipulation of local populations by political extremists.
The Pact on Migration and Asylum establishes swift, predictable, reliable management systems that include safeguards to protect the most vulnerable migrants, in particular families with children and minors travelling alone.
It will strengthen borders, modernise the EU’s asylum system and enhance cooperation with partner countries to tackle the root causes of irregular migration.
The Pact also provides legal pathways that can attract migrants with skills and talent to help address labour shortages in a number of sectors across the EU.
“We all understand this fundamental truth. Migration is a European challenge which must be met with a European solution. One that is effective, and both fair and firm. This is what the Pact on Migration and Asylum delivers. It will be making a real difference for all Europeans.”
Ursula von der Leyen, European Commission President, 10 April 2024
The Pact is a reform of the EU’s Common European Asylum System (CEAS). CEAS was established in 1999, but failed to get full support from all Member States.
One of the issues is CEAS’s Dublin Regulation, which establishes the Member State responsible for asylum applications, based primarily on the first point of irregular entry.
The Dublin Regulation dates back to 1990 and was designed to prevent multiple asylum applications in different countries, but it has proved inadequate in dealing with crisis situations and modern migration patterns.
All countries have moral and legal obligations to protect migrants but the Dublin Regulation places the responsibility of processing the vast majority of asylum claims on a handful of Member States at the EU’s external borders.
The Dublin Regulation is being replaced with a new asylum and migration management regulation (AMMR) that will clarify the responsibility criteria and prevent abuse of the asylum application process.
A solidarity mechanism in the AMMR will oblige all Member States to support those facing migration pressure at their borders through a fair share principle. Countries can choose to support by either hosting asylum seekers or making financial contributions to help other Member States process applicants.
The Pact was adopted by the European Parliament in April 2024, and each Member State will now develop their own migration strategies based on a common implementation plan issued by the Commission. These national implementation plans are due to be ready by around December 2024 and the Pact’s regulations are expected to begin applying in 2026.
Benefits of the Pact on Migration and Asylum include:
Implementation of the Pact on Migration and Asylum is progressing but measures have already been put in place to protect asylum seekers and ease migratory pressures.
A renewed EU Action Plan against migrant smuggling is helping reduce the organised exploitation of migrants, while an EU Strategy on voluntary return and reintegration for migrants with no right to stay has been adopted.
EU border management organisation, Frontex, has been transformed into a stronger European Border and Coast Guard Agency that is more effective and efficient in managing the EU’s external borders.
The Commission’s Skills and Talent Mobility Package proposes an EU Talent Pool to make it easier for employers to recruit jobseekers from outside the EU in positions where skills shortages exist.
The previously adopted Blue Card Directive also makes the process of recruiting more accessible for highly qualified jobseekers and employers.
New legislation under discussion to support the Pact on Migration and Asylum includes:
Solidarity and shared responsibility are at the heart of EU policies on migration and asylum. Because of EU unity, the European Commission was able to act swiftly when Russia invaded Ukraine and forced millions of people to seek refuge.
A Solidarity Platform was established to allow Member States and EU agencies to coordinate support and organise transfers of people to countries with reception capacity.
Financial support for Member States hosting Ukrainian refugees was quickly mobilised and the Temporary Protection Directive triggered to offer fast, effective assistance to people fleeing the war.
Under Temporary Protection, Ukrainian refugees have a right to residence, housing, health care, education and work until at least 4 March 2025.
To help fund this protection, Member States can redirect resources from EU Cohesion Policy funds and the Fund for European Aid for the Most Deprived (FEAD).
According to the UN International Organization for Migration’s (IOM) Missing Migrants Project, over 30,800 migrants have disappeared on their way to the EU since 2014. More than 70% of these people died or went missing during almost two million attempted Mediterranean Sea crossings between 2016 and March 2024.
Tackling the root causes of irregular and forced migration is a key feature of the Pact on Migration and Asylum. The EU is already the world’s leading humanitarian aid donor but developing partnerships with non-EU countries where large numbers of migrants originate is also key to reducing disorderly migration.
One of these partnerships is with Türkiye, which has the largest refugee community in the world with over four million people, mostly Syrian, under international protection. Since 2011, the EU has directed close to €10 billion to assist refugees and host communities in Türkiye.
This partnership provides basic support for refugees and has helped significantly reduce the number of irregular border crossings between Türkiye and Greece.
Global partnerships have also been concluded with Tunisia, Egypt, and Mauritania that cover a range of issues including economic cooperation, better migration management, and security.
These partnerships are complemented by four Action Plans that address migration challenges on routes used by people smugglers around the Mediterranean, the Balkans and the Atlantic.
Under these targeted plans the EU, partner countries and international organisations work together to prevent irregular departures, combat smuggling and provide legal pathways for asylum seekers.
In addition, the Commission is proposing new legislation to prevent and fight migrant smuggling and has launched a Call to Action for a Global Alliance to Counter Migrant Smuggling.
Ireland, with its own history of migration, has been generally supportive of European Union policy on refugees and asylum seekers.
However, there is no EU obligation for Ireland to take in refugees as it has an opt-in or opt-out clause on individual proposals in the areas of freedom, security and justice through the EU Treaty of Lisbon.
When there is an EU legislative proposal in these areas, Ireland has three months to decide whether or not to opt-in. If it doesn’t opt-in, discussions go ahead, and any adopted legislation doesn’t apply in Ireland.
The Irish government has decided to opt-in to the Pact on Migration and Asylum and has previously chosen to participate in EU relocation and resettlement schemes through the Irish Refugee Protection Programme (IRPP).
Ireland also opted-in to the EU Temporary Protection Directive (TPD) to support people displaced by the Russian invasion of Ukraine.
By February 2024, almost 105,000 Ukrainians fleeing from war had arrived in Ireland. These arrivals are eligible for humanitarian support through the TPD, which has been extended until March 2025.
The EU provides constant support in meeting the needs of those fleeing the invasion of Ukraine and the Commission has paid more than €3.5 billion in advance payments to Member States from the Recovery Assistance for Cohesion and the Territories of Europe (REACT-EU), of which €53 million was allocated to Ireland.
Ireland will benefit from €66.9 million of EU funding to help manage migration from 2021 to 2027. The funding is made up of €45.1 million from the Asylum, Migration and Integration Fund (AMIF) and €21.8 million from the Internal Security Fund (ISF).
The AMIF supports Member States in managing migration flows while funding under the ISF supports efforts to protect the security of citizens and manage the EU’s external borders.
One of the most heart-wrenching aspects of irregular migration in recent years is the huge numbers of refugees who have tragically lost their lives at sea.
The European Union responded when the 2015/16 migrant crisis first emerged by tripling the budget for search and rescue operations carried out by the EU’s border protection agency, Frontex.
Ireland played its part in these humanitarian rescue operations by deploying Irish Navy ships to help rescue migrants from illegally overcrowded boats.
Between 2015 and 2017 Irish Defence Forces rescued over 10,000 migrants and apprehended many suspected smugglers and traffickers.
Óglaigh na hÉireann was recognised with an Irish People of the Year Award in December 2015 for the work of the Naval Service’s humanitarian missions in the Mediterranean.
The following year, the Defence Forces received the European Movement Ireland European of the Year award for its contribution to international peacekeeping and humanitarian work.
