International Protection Bill 2026: Committee Stage
Dail Éireann — 2026-02-18
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Jim O'Callaghan (FF), Dublin Bay South

I will briefly go back to the query raised by Deputy Gannon. I was probably too definitive in the response I gave to him in terms of the definition of "absconding". The definition states: "means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the member state without permission from the competent authorities, for reasons which are not beyond the applicant’s control." The purpose of that provision is that the applicant remains available to the competent administrative or judicial authorities of the state. They are not allowed cross the Border, but if somebody did cross the Border, does that come within that definition? If they come back and make themselves available, that would not meet the definition of "absconding". I need to emphasise again that individuals who are not citizens of Ireland or the UK are not entitled to avail of the common travel area and, therefore, irrespective of whether they come within or breach the definition of "absconding", they are not permitted to cross the Border. The common travel area is there for the benefit of citizens of the UK and Ireland and it is not for the benefit of others.
Deputy Carthy raised the issue of a bilateral agreement. I note with interest that he has tabled an amendment we will deal with later providing that there should be a requirement on the Minister to enter into a bilateral agreement with the United Kingdom. I will be interested in having a debate with him when we come to that amendment. He knows as well as I do that it is not possible to force me, as Minister, to enter into an agreement with another country. It is dependent upon getting the agreement of that other country, as he will be aware. If they are not prepared to enter into an agreement, there is difficulty on our part.
However, since the last time I spoke on these issues, I had a very good remote meeting with the Home Secretary. I have expressed to her the issues of concern from the point of view of what I say is the abuse of the common travel area. She was also very frank with me in terms of issues that are affecting the UK. Of course it is a Labour government in the UK that has introduced measures that would be criticised by certain sections in this House. I indicated to her that there has to be joint operations between Ireland and the UK to ensure we do not have continuing breaches of the common travel area. That breach is putting a lot of pressure on our asylum system and on our international protection system. She is well aware of that. I also want to see that we can enter into arrangements with the UK where there is sharing of information. One of the negative consequences for the UK as a result of leaving the European Union is that it does not have access to the type of information that Ireland has, which is very useful in terms of processing applications for asylum.
When it comes to entering an agreement with the UK, I will want to ensure that we have as close an arrangement as possible. I would like there to be an agreement but as the Deputy will appreciate, I cannot mandate another country to enter into an agreement with us. That is just not something within my power or control. However, I will seek to ensure that the ongoing abuse of the common travel area does not continue and I think the Home Secretary shares my concerns in respect of that.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-02-18/debate/main
Retrieved: 2026-08-14T04:54:39+00:00
Sitting date: 2026-02-18