Sharon Keogan: Demands Sovereignty Clause in Migration Bill

Thank you. I did indicate, Minister, to come in earlier on, on my particular amendment 382, which is technically my last, but while my last, it's certainly not the least, because this amendment and those proposed by Senators in the same grouping as me all confront a truth that has been brushed aside for too long, the erosion of Ireland's sovereign control over its own migration, border and international protection policies. And that brings me directly to amendment 382, which I have tabled and which states plainly and unapologetically, Nothing in this Act should 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 EU law. And it is a simple amendment, but it cuts right to the heart of the matter, because if this Bill truly respects Ireland's sovereignty, if it truly preserves 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, and let me explain why. This Bill accelerates the transfer of Irish migration control to the EU, and amendment 382 is in line that must be drawn. Colleagues, this Bill embeds EU migration policy into Irish law so deeply, so constructually, 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 who are 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 has made not a small nation with limited capacity a unique common travel area, and with resources, in particular its housing system, that are already stretched to breaking point. Amendment 382 reminds us, and reminds the courts, the government and the 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's make no apology for saying that. Because if we do not assert sovereignty clearly in primary legislation, then over time, through interpretation, through practice, through 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 has been forced on Ireland. But let's look at the reality. By opting into the Migration Pact, and now legislating to implement it in its full, we are creating a situation in which EU regulations take precedent over Irish statute. EU timeframes override Irish administrative capacity. EU relocation mechanisms override our national discretion. And EU definitions, EU procedure, EU priorities replace our own. This is not abstract. This is happening right now. And that is why Amendment 382 matters, because it anchors a principle that is otherwise absent, that Ireland retains inherent sovereign competence, even while cooperating 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 that 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. And it will ultimately result in leaving all voters, administrators and leaders wondering why our asylum system is overwhelmed, why communities are frustrated, why services are collapsing under the weight of decisions made elsewhere. Because let's look at the Migration Pact. Under it, there is to be a relocation mechanism. That mechanism would take the overflow of migrants hitting Spain, Italy, Greece and so on, and it will relocate them based on our population and GDP. And let me emphasise the last point, our GDP. Here is another example of why our sovereignty is necessary. Because unlike other bigger EU nations, our GDP is not an active reflection of our actual economic capabilities, due to our specific tax laws and the financial instruments we have in our market that allows huge amounts of money to flow through our country, but doesn't rest here. In fact, our own government argues against Brussels' use of GDP when making policy regarding our country. And yet here, on the question of the relocation of IPA 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. And furthermore, while we are in the opt-in to this pact, there is yet another reason why we must assert our sovereignty against wherever and however possible. We have no idea how many relocations we are to receive. The pact currently sets a minimum of 30,000 relocations across the continent per year, which would give us, under the current formula, which would amount to about 1,000 relocations for ours. But let me return to that word, minimum. In short, that's 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. And I gave those figures earlier on, but the countries now have a backlog in their system of 1.3 million. And immigration numbers will continue to rise due to war and various 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 unavoidable arithmetic of the pact. And in this situation of enormous instability, the most solid guarantee of our ability to control our own response. To this end, Amendment 382 is not symbolic. It is practical. It creates a legal basis, 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 an essential when capacity is finite. This amendment ensures that the Irish courts interpret the Act through an Irish lens, not an EU-first lens. Let us think forward. What happens when a dispute arises whether Ireland must implement a certain EU-derived procedure in full, even if doing so would overwhelm our system? Without Amendment 382, courts will default to expansive interpretations of EU obligation, national discretion will be minimised, and the benefit of the doubt will lie with the EU institutions, not with Ireland. With Amendment 382, courts are guided to interpret grey areas in favour of Irish sovereign authority, not in favour of constant expansion of EU competence. It is a guardrail, a reminder that 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. But co-operation must be voluntary. It must be flexible. It must respect national differences, and it must never be confused with surrendering national control. What Amendment 382 does is ensure that 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. That is not extreme. That is basic sovereignty. If the government truly believes sovereignty matters, there should be no difficulty accepting this amendment. Amendment 382 strengthens the bill. It does not weaken compliance. It does not undermine obligation. It simply states openly and honestly that Ireland's sovereignty remains intact. If the government rejects it, they are admitting that sovereignty is being diminished, national discretion is being constrained, and the EU's role will supersede Ireland's. That is the truth. They do not want to say it out loud, but colleagues, the Irish people already know it, and they expect someone in this chamber to call it what it is. So Amendment 382 is not about slogans. It's not about theatrics. It's not about making a point. It's 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, and democracy demands that the Irish people, not the EU majorities, not foreign governments, not supranational institutions, retain the final say over who may enter and remain in this state. This bill may move us forward a more centralised EU migration model, but Amendment 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. And maybe Minister, in relation to the Border Control, maybe you could give us a little bit of an update on Operation Sonnet, where we had a system there with the PSNI and the Garda Control working together in relation to our border, and is there any update on that to see if there's been any apprehensions on the border? Thank you.