International Protection Bill 2026: Committee Stage
Seanad Éireann — 2026-03-18
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Sharon Keogan (IND), Industrial and Commercial Panel

I did indicate to come in earlier on my amendment No. 382. While it is technically my last amendment, it is certainly not the least. This amendment, and those proposed by the Senators in the same grouping as me, all confront a truth that has been brushed aside for too long, namely, the erosion of Ireland's sovereign control over its own migration, border and international protection policies. That brings directly to amendment No. 382, which I have tabled and which states plainly and unapologetically:
Nothing in this Act shall be construed as diminishing the sovereign right of the State to determine and regulate its own immigration, border and international protection policies, save only to the extent necessary to give effect to obligations arising under directly applicable European Union law.
It is a simple amendment but it cuts right to the heart of the matter. If this Bill truly respected Ireland's sovereignty and truly preserved the freedom of the Irish people to determine their own migration laws, then such an amendment would not even be necessary, but it is necessary. Let me explain why.
This Bill accelerates the transfer of Irish migration control to the EU and amendment No. 382 is a line that must be drawn. This Bill embeds EU migration policy into Irish law so deeply and constructurally that our own domestic preferences become secondary. We are binding ourselves into an EU migration framework designed for the needs of much larger states. It is essentially a bargain between wealthier northern EU nations to support the Mediterranean states on the front line of the migration crisis. It is not a bargain that takes us and our particular circumstances into account. It is a pact that is not made for a small nation with limited capacity, a unique common travel area and resources, in particular its housing system, that are already stretched to breaking point.
Amendment No. 382 reminds us, the courts, the Government and future Governments that Irish sovereignty does not trickle down from Brussels. It flows from this Chamber, from the Constitution and from the Irish people, and let us make no apology for saying that. If we do not assert sovereignty clearly in primary legislation, then over time, through interpretation, practice and custom, we will find it has slipped away and by the time we notice, it will be too late to pull it back.
Sovereignty must be stated explicitly because the Bill places Ireland into an inflexible, majority-driven EU migration system. The Government and Brussels may insist that nothing is being forced on Ireland, but let us look at the reality. By opting in to the migration pact and now legislating to implement it in full, we are creating a situation in which EU regulations take precedence over Irish statute, EU timeframes override Irish administrative capacity, EU relocation mechanisms override our national discretion and EU definitions, procedure and priorities replace our own. This is not abstract; it is happening right now. That is why amendment No. 382 matters, because it anchors a principle that is otherwise absent, that Ireland retains inherent sovereign competence even while co-operating internationally. Without that anchor, this Bill becomes the gateway to a future where Ireland is permanently downstream of EU majority decisions that may have nothing to do with our interests.
We cannot pretend Ireland has the capacity to surrender national control and simply keep up. Let me be blunt. We do not have the housing capacity. We do not have the processing capacity. We do not have the return capacity. We do not have the infrastructure. We do not even have a border control on our own land border. Yet this Bill locks us into mandatory, time-bound obligations designed for countries with entirely different capabilities. It will ultimately result in leaving all voters, administrators and leaders wondering why our asylum system is overwhelmed while communities are frustrated and services are collapsing under the weight of decisions made elsewhere.
Let us look at the migration pact. Under it, there will be a relocation mechanism. That mechanism will take the overflow of migrants hitting Spain, Italy, Greece and so on and will relocate them based on population and GDP. Let me emphasise the last point, GDP. Here is another example of why our sovereignty is necessary. Unlike that of other bigger EU nations, our GDP is not an accurate reflection of our economic capabilities due to our specific tax laws and the financial instruments in our markets that allow huge sums of money to flow through our country but not rest here. In fact, our own Government argues against Brussels' use of GDP when making policy regarding our country, yet here, on the question of the relocation of IP applicants, we have been straightjacketed into a one-size-fits-all approach that works for bigger, more industrialised nations. It is a perfect example of sovereignty necessity.
Furthermore, while we are on the opt-in to this pact, there is yet another reason we must assert our sovereignty wherever and however possible. We have no idea how many relocations we are to receive. The pact sets a minimum of 30,000 relocations across the Continent per year, which would give us, under the current formula, about 1,000 relocations. Let me return to that word, "minimum". In short, that is the floor we are to expect and given the sheer scale of arrivals over the past several years, the amount of economic pressure other EU states are under, the amount of political pressure they are under to apply for their own derogations and the sheer scale of geopolitical instability we are facing, there is no guessing what numbers we could be told by the Commission next year or the year after. I gave those figures earlier, where countries now have a backlog in their systems of 1.3 million.
Immigration numbers will continue to rise due to war and chaos throughout this world, as they have done over the past number of years. Then so too will the Commission's annual relocation demand. That is an unavoidable arithmetic of the pact. In this situation of enormous instability, the most solid guarantee is our ability to control our own response. To this end, amendment No. 382 is not symbolic. It is practical. It creates a legal basis and a safety valve for Ireland to assert that national limits matter and that the State cannot be compelled to do what it physically cannot do. Sovereignty is not a luxury; it is essential when capacity is finite.
This amendment ensures the Irish courts would interpret the Act through an Irish lens, not an EU-first lens. Let us think forward. What happens when a dispute arises as to whether Ireland must implement a certain EU-derived procedure in full, even if doing so would overwhelm our system? Without amendment No. 382, courts will default to expansive interpretations of EU obligations, national discretion will be minimised and the benefit of the doubt will lie with the EU institutions, not with Ireland. With amendment No. 382, the courts will be guided to interpret grey areas in favour of Irish sovereign authority, not in favour of the constant expansion of EU competence. It is a guardrail, a reminder of the constitutional principle written into statute. If we do not write it in ourselves, nobody else will write it in for us. Ireland should co-operate with Europe but co-operation is not subordination.
I want to say this very clearly. I am not against co-operation. I am not against partnership. I am not against supporting other member states or working together on shared challenges. However, co-operation must be voluntary, it must be flexible, it must respect national differences and it must never be confused with surrendering national control. Amendment No. 382 ensures co-operation remains co-operation, not absorption. It affirms that Ireland decides, Ireland governs and Ireland sets policy, except to the minimum extent required by directly applicable EU law. That is not radical. It is not extreme. It is basic sovereignty. If the Government truly believes sovereignty matters, there should be no difficulty in accepting this amendment.
Amendment No. 382 strengthens the Bill. It does not weaken compliance or undermine obligations. It simply states openly and honestly that Ireland's sovereignty remains intact. If the Government rejects it, it is admitting that sovereignty is being diminished, that national discretion is being constrained and that the EU's role will supersede Ireland's.
That is the truth that they do not want to say out loud but the Irish people already know it and expect someone in this Chamber to call it what it is.
Amendment No. 382 is not about slogans, theatrics or making a point; it is about ensuring that, as we legislate under immense EU pressure, we do not lose sight of who we are legislating for. Ireland is a sovereign nation and sovereignty is the foundation of democracy. Democracy demands that the Irish people - not EU majorities, foreign governments or supranational institutions - retain the final say over who may enter and remain in this State.
This Bill may move us toward a centralised EU migration model but amendment No. 382 ensures that, whatever path we choose, we do not forget the fundamental principle that must guide it. Ireland is sovereign and sovereignty must never be presumed; it must be stated, asserted and defended.
Will the Minister provide an update on Border control operations? We had a system there with the PSNI and Garda working together. Have there been any apprehensions on the Border?

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-03-18/debate/main
Retrieved: 2026-08-14T04:54:44+00:00
Sitting date: 2026-03-18