Justice Department refuses to release asylum agreement Sunak's office says is 'not legal obligation'
As Taoiseach Simon Harris said Ireland has a “legitimate expectation” that a deal on asylum seeker returns between Ireland and the UK will be honoured, the Department of Justice confirmed that the agreement was a “cooperation arrangement, rather than
The Department of Justice has refused to release an agreement between Ireland and the UK on “asylum seeker returns” that British Prime Minister Rishi Sunak’s office has insisted is “not a legal obligation".
As Taoiseach Simon Harris said Ireland has a “legitimate expectation” that the deal will be honoured, the Department of Justice confirmed to the Irish Mirror on Tuesday that the agreement was a “cooperation arrangement, rather than a formal legal mechanism”.
Tensions between Ireland and the UK have increased dramatically in recent days as a row broke out about the impact the British Government’s Rwanda policy is having on the number of asylum seekers arriving in Ireland.
READ MORE: Immigration row between Ireland and UK - everything you need to know as tensions escalate
Justice Minister Helen McEntee has said that 80% of people arriving at the International Protection Office (IPO) in Dublin have come across the Northern Irish border via the UK.
In March, the High Court heard a case brought by people alleging that the designation of the UK as a safe third country was unlawful due to the risk that people may be sent to Rwanda.
The Judge did not rule on the Rwanda aspect but found it was “unlawful as a matter of EU law”. The Irish Government is appealing the ruling on the basis that it is not imposing the EU directive in question.
Ms McEntee received Cabinet approval on Tuesday to draft legislation to designate the UK as a “safe country”. The memo sought to “fix the problem” caused by the High Court judgement so that returns to the UK could “recommence”.
As the proposal was being discussed at Cabinet, a spokesperson for Mr Sunak said there are “operational arrangements” between Britain and Ireland but “not a legal obligation to accept the return of asylum seekers and under those operational arrangements no asylum seekers have been returned to the UK”.
“It’s up to the UK government who we do and do not accept into the country,” they added.
The Department of Justice confirmed to the Irish Mirror on Tuesday evening that there has been a “reciprocal arrangement on returns in place between Ireland and the United Kingdom since Brexit”. This arrangement was agreed in November 2020 but no one has been returned to the UK under this agreement due to COVID and the High Court case.
“It provides for reciprocal returns and helps to protect against abuse of the Common Travel Area,” they said.
"There is a written standard operating procedure which was agreed by the Home Office and the Department of Justice. This is not publicly available. We do not provide operational details of immigration procedures so as to any avoid any impact on the effectiveness of such operations.”
Probed further on whether this agreement was legally binding, the Department acknowledged “it is an operational cooperation arrangement, rather than a formal legal mechanism”.
The Department also refused to release a copy of the agreement when asked.
When it was put to Minister McEntee on RTÉ’s Six One News on Tuesday evening that the British Government has insisted that it does not have to enforce the agreement, Ms McEntee stated that it was “respected and upheld by both sides”.
“We heard only this week from the Secretary of State for Northern Ireland [Chris Heaton-Harris] that they are happy with the laws we are changing,” she said.
“They want to work with us to make sure that there are no abuses of the Common Travel Area. That is what we're effectively trying to do here.
“But it does work in cooperation and it is both ways. If we ask to return people to the UK, they will subsequently be asking people to be returned to Ireland as well.
“We have always fulfilled this and we expect them to fulfil their obligations here as well.”
She added: “What's happening politically in the UK, it’s obviously election time for them. But we are really clear [...] any agreement that's reached between Ireland and the UK, we expect that it will be upheld.”
Cabinet agreed on Tuesday to allow Minister McEntee to draft legislation to designate the UK as a “safe country”. Sources stated that the legislation could be enacted in “weeks” and that it is intended that returns will then “recommence”. This is despite Mr Sunak categorically stating on Monday that he was “not interested” in a “returns” deal with Ireland.
There are a number of “tests” that the Minister of Justice has to satisfy before she can designate a country “safe”.
This includes that a person would not “suffer a threat to life or liberty” in that country, that a person “would be free from torture, and that a person would “have a possibility to claim asylum” and the minister was satisfied that the person would “not suffer non-refoulement”.
The Cabinet agreed to establish another test which is based on the potential for serious harm in situations of internal or international armed conflict and would also be assessed in designating the UK as a safe country.
“The Government is fixing a problem in Irish law on an operational agreement that exists with the United Kingdom,” a Government spokesman said.
In the Dáil, Sinn Féin leader Mary Lou McDonald hit out at the Government’s handling of the issue, saying that it has been a “gift” for the Tory government.
She criticised comments from Tánaiste Micheál Martin stating that there was “no statistical evidence” for suggestions that 80% of people arriving at the IPO have crossed the Northern Irish border.
Ms McDonald said: “The Minister for Justice says one thing. The Tánaiste contradicts her and says another with both it seems making claims without any supporting data.
“The incompetence is off the charts. At a time when we need calm and an assured response, we get panic.
“At a time when we need competence and clear communication, we get contradiction.”
Deputy McDonald also asked the Taoiseach if the “British Government clarified that it does in fact have a legal obligation to accept returns.”
Mr Harris said he will not allow Ireland to “become a pawn in any politics in the United Kingdom”.
“We have every right to set our own migration policy,” he said.
“We have every right and obligation to make sure that migration policy is rules-based, efficient and effective and, we also have every right when countries enter agreements that those agreements are honoured.
“This is a country that honours our agreements.
“I have said clearly that the British Government has acknowledged that there are operational arrangements in place. I welcome that fact.
“I am very clear that those operational agreements are in place under the common travel area and I am very clear that we are going to legislate so that we will have absolute clarity so it can work."
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