There is no Protocol 21 opt out provision. Protocol 21 is an opt in provision not opt out. Ireland is not automatically bound to EU measures under Title V of Part 3 of TFEU in the areas of freedom, security and justice (including immigration). This is unless Ireland OPTS IN under Article 3 or 4 of Protocol 21, then it is legally bound. That is the whole point of Protocol 21. The deal was sealed to opt in to 7 measures of the EU Migration Pact when it was voted on by politicians in Leinster House and the Seanad on 26 June 2024. The government notified the EU Commission on 27 June 2024. Ireland became legally bound when the adoption of the 7 measures were published in the Official Journal of Europe in August 2024..
The EU Migration Pact is being rolled out with varying commencement dates. Most of the measures will apply to international protecrion applicants from 12 June 2026. In Ireland the International Protection Act 2026 was signed into law by the President on 22nd April 2026, to take effect of the 7 measures of the EU Migration Pact.
Ireland is therefore legally bound to comply with the 7 measures opted in to or face non compliance infringement proceedings, both financial and legal, by the EU Commission, like they did with Hungary. Once opted in Ireland is treated just like any other EU Member State. There is no opt out. The politicians sold out Ireland to the EU when they voted to opt in on 26th June 2024.
What the Irish people should do to reduce this mess is demand that the government apply for a full exemption under Article 62 of the AMMR (relocation quotas) like Poland did on basis of significant migratory pressure. Poland made an application for a full exemption but Ireland has not.The quotas are likely to rise year by year and our country is already at crisis point.