Ireland's plans to draft new legislation to redesignate the UK as a “safe country” for asylum seekers to return home have been approved.
Irish Government Ministers jointly approved the plans, which were submitted to Cabinet by Justice Minister Helen McEntee.
But the British government said it would decide who would be accepted into the UK.
Tánaiste (Ireland's Deputy Prime Minister) Michael Martin said last week that asylum seekers were seeking “refuge here and in the European Union rather than potentially being deported to Rwanda”.
On Monday, Mr Martin was asked to clarify Mr McEntee's claim that 80% of asylum seekers come to the Republic of Ireland by road.
He responded that it was not statistical and “not like data-based evidence,” but added: “It is clear that there is a change in the nature of where immigrants come from.”
Closing the “loophole”
Recent Irish court decisions have complicated the situation.
Mr McEntee submitted proposals to the Irish Cabinet on Tuesday morning to close the “loophole” created as a result of the High Court judgment.
“This will enable us to redesignate the UK as a safe country for repatriation purposes,” he told reporters on his way to a Cabinet meeting.
Mr McEntee also explained that the Republic of Ireland already has a post-Brexit agreement in place with the UK Government for the return of asylum seekers who have traveled to the Republic of Ireland from the UK.
But she said the restitution agreement had been “ineffective” due to the coronavirus pandemic and a recent High Court ruling.
Mr McEntee said his proposed legislation would address the ruling and close loopholes.
There is no “legal obligation” in the UK
However, a Downing Street spokesperson appears to contradict her claims about the scope of the post-Brexit deal between the Irish and UK governments.
Number 10 acknowledged there were “operating arrangements” between the UK and Ireland, but said there was “no legal obligation to accept the return of asylum seekers”.
The spokesperson also confirmed that “no asylum seekers are being returned to the UK under these operational arrangements”.
He added: “It's up to the UK government to decide who to let in or not.”
Mr Sunak told ITV: “If the EU won't accept illegal migrants returning to France, where they come from, we won't accept illegal migrants returning from the EU via Ireland either.”
But Mr McEntee insisted in a speech on Tuesday morning: “Despite my previous comments, this deal is already in place with the UK.”
“There should be no loopholes or systems that prevent us from effectively bringing people home,” she said.
“We are working with the UK and look forward to continuing to work with them to ensure that any kind of abuse of the Common Travel Area is prevented.
“Regardless of previous comments, it has not been made clear to me that we will not continue to cooperate. That is my approach.”
Sinn Féin opposition leader Mary Lou McDonald accused the government of displaying an “insane” level of incompetence.
He said both Mr McEntee and the Tánaiste's Mr Martin appeared to be making claims about people seeking asylum in Ireland “without any supporting data”.
Mr MacDonald added that Mr Martin's comments on Britain's Rwanda policy were “a gift to the Conservative Party, who wanted to take on anybody on Europe, Ireland and immigration”.
What is a common travel area?
The Common Travel Area (CTA) is a special travel zone that covers the United Kingdom. Republic of Ireland; Isle of Man and Channel Islands.
Under its rules, British and Irish nationals can freely travel to each other's countries.
They will also be granted special residency rights, allowing them to set up homes in each other's states and access public services without entry restrictions.
These various forms of freedom of movement arrangements date back to the establishment of the Irish Free State in 1922.
However, CTA rights do not apply to immigrants even if they are legally resident in the UK or Ireland.
“Open borders that must be protected”
Mr McEntee told reporters the bill was just one of a number of measures he was proposing to ensure Ireland's immigration system was “strong and fair”.
“I have also ensured that 100 Gardaí (Irish police officers) will be relieved of administrative duties to ensure they can also work on immigration enforcement,” he added.
A Garda spokesperson clarified to BBC News NI that these officers would not be assigned to “physically secure the border with Northern Ireland”.
“Protecting the island of Ireland's open borders remains a key priority for communities on both sides of the border,” he added.
He explained that some immigration functions are being gradually transferred from the Garda National Immigration Service to the “Ministry of Justice's immigration service delivery function”.
He said: “This will allow up to 100 Gardaí to focus on other core policing duties, including deportation and other aspects of immigration enforcement.”