Oireachtas Joint and Select Committees

Thursday, 23 March 2017

Seanad Committee on the Withdrawal of the United Kingdom from the European Union

Engagement on Common Travel Area: Department of Justice and Equality

11:00 am

Photo of Paul DalyPaul Daly (Fianna Fail) | Oireachtas source

I wish to be associated with the good wishes to the Chairman in this important process, which commenced this morning. I also want to be associated with the good wishes and sympathies expressed to those slain and injured in Westminster yesterday. Before I entered the Chamber, it was announced that one of the injured bystanders was Irish. That is the kernel of the topic of today's conversation. While our sympathies and thoughts are with all of the families affected, they are particularly with our fellow citizen.

Instead of asking questions, I will make a number of statements and raise a few ideas that I would like the witnesses to tease out. "Hypothetical" is not the right word regarding this debate, but there is no right or wrong answer. Article 50 has not been officially triggered yet, so we have no idea. Teasing out all of the positive and negative inevitabilities is the reason for our committee. There is an old saying - in life, one plans for the worst and hopes for the best. That should get people somewhere in between.

Were this situation to go badly from an Irish perspective and become a hard Brexit, with a stand-off between the 26 other member states and the UK and our common travel area unable to be maintained, what would the consequences be and what actions would the witnesses deem necessary for us to take in respect of people who are essentially domiciled in Ireland? I am being hypothetical with this worst case scenario. When people think of the common travel area, they think of ease of travel, no visas, flying over in the morning and back this evening without having to apply to anyone, etc. It also means that there is no limit to a person's stay. There are Irish people who flew over to London 40 years ago and have not flown back yet. Where would they stand in this if the situation went wrong and became a hard Brexit?

Some Irish people living in England, citizens of the South living in the North and citizens of the North living in the South have set up businesses. What will happen in that scenario to the Irish passport holder and business person who is currently working under EU regulations? We are being told that the period will be two years. I do not believe that, but we must work with what we have been told. That person is still an Irish citizen and, hence, a European citizen, but what of tax and workers' rights issues?

Across the board everything changes. Will we see a case of an Irish citizen who is an employer or a business person who is domiciled in what will be a non-EU state taking a case for their rights as a European citizen? I know there is no right or wrong answer on this, but I would like to hear the witness's opinions on what we will do if this is to happen, or if there is an action plan in place for the worst case scenario.

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