“The people should decide” on whether Ireland opts into the EU’s Migration and Asylum Pact, according to an Independent TD.

The pact, which aims to see common laws on immigration introduced across the bloc, was passed by MEPs in Brussels – with 322 voting in favour and 226 against.

It also aims to speed up the processing of asylum seekers, eliminate ‘pull factors’ encouraging migration to Europe, and crack down on secondary movements where people move from one EU country to seek asylum in another.

Ireland has already agreed to opt-in to the pact after Justice Minister Helen McEntee secured Cabinet approval for it two weeks ago.

Referendum calls

However, on The Hard Shoulder today, Deputy Verona Murphy said this decision should have been put to the public.

“I think the question is whether this is a matter for the Government to decide or put to the people to decide, or at least through the houses of Dáil Éireann,” she said.

“Article 29.5.2 of the constitution says that with any international agreement that involves a charge on public funds, there has to be prior authorization from Dáil Éireann - which has not happened.”

Verona Murphy is pictured at a Wexford by-election count in November 2019. Picture by: Eamonn Farrell/RollingNews.ie

Deputy Murphy said migration is costing the state billions.

“We are obliged to provide primary education, social welfare benefits, and access to the courts for refugees and asylum seekers,” she said.

“In the last year, we’ve spent about €2bn on accommodation so there is a significant pull on the public purse.”

Costly pact

The Independent TD said the terms of the EU Migration Pact will be costly for Ireland.

“It says that €20,000 per migrant would be paid by the country that is not going to allow for asylum and we can do that with up to 8,000 migrants,” said Deputy Murphy.

“That would be, in my calculations, €160m per annum.

“If somebody is saying that is not a charge on the public funds, then I’m not sure what is.”

Law

UCD law professor Gavin Barrett said he doesn’t think there are grounds for a referendum on opting-in to the pact.

“Generally speaking, the only thing that is put by referendum to the people of Ireland are amendments to the constitution and there is no amendment to the constitution involved here,” he said.

“I don’t see the idea of putting this to a referendum being a live one.

“In actual fact there is another provision in the constitution - Article 29.4.6 – that basically provides an immunity clause for any measure that is necessitated at European level.

“Once these regulations are adopted at European Level they become necessitated so, in actual fact, that sidelines the Article Verona has been speaking about.”

Fine Gael and Fianna Fáil MEPs voted in favour of the pact in Brussels today, while Sinn Fein's Chris McManus voted against it.

Main image: Flags of the European Union. Picture by: Philipp von Ditfurth/DPA/PA Images