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

Mr. Noel Waters:

I will address Senator Higgins' comments. There were some issues and delays when the British-Irish visa scheme was initially introduced because part of the arrangement of the British-Irish visa scheme is a requirement that people give a fingerprint on their visa, which is a standard requirement in many countries. We had to put in place practical arrangements with our UK colleagues to ensure that information was channelled to us and it was checked against our databases. To the best of my knowledge, those issues have been resolved. Perhaps in a moment, my colleague, Mr. O'Dwyer, might be able to comment further on that.

A concern was raised about issues similar to those with the United States arising in the UK. We have to realise that we are ultimately a sovereign nation, subject to our participation in the EU and what goes through that with respect to our freedom of action and what policies we have. The idea that we would be obliged to follow suit if the UK, unlikely as it is, introduced punitive arrangements for some people is not a practical proposition. We depart with them already on the matter of nationals from South Africa due to our historical relationships. That does not present a practical difficulty. It would suit us better with regard to ease of work from an immigration perspective, but it is a policy issue for us in Ireland that South African nationals do not require visas.

On the passenger name records issue, that is coming and has been debated at length in Europe. It will require all countries to exchange information with each other. It is essentially showing us that people know who is entering their territories. There are very strict guidelines around it on data and how long it is held. It is held for really short periods in most cases. It does not really arise for people where there are no hits on watch lists.

The UK having left the EU raises other issues with regard to the data protection regime that it will have post-Brexit, which is clearly one of the issues of concern to us and that we have not touched on today. Issues around European arrest warrants, data protection, enforcement of civil proceedings, and the underpinnings of all those relates to the exchange of data. The standard by which Europe operates is set down in various data protection directives. A new one is coming in next year. The UK would be required to be of the same standard as the European model for us to exchange information with the UK on that issue post-Brexit. Whether it continues to be part of what we have at the moment or a new standard remains to be seen post-Brexit. It is a clear issue which has to be addressed in the context of negotiations. The UK has already indicated that it wishes to remain outside the European Court of Justice. That is a problem of co-operation, because where there is a dispute with a European arrest warrant, it is ultimately resolved at the European Court of Justice. The UK is going to have to find some solution to that. We would like more detail from it on that, which we have not got yet. Senator Higgins' points are well-made.

I do not wish to comment on Scotland. It is probably watching developments here very carefully, as fellow Celts.

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