Oireachtas Joint and Select Committees

Wednesday, 23 January 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Rights and Equality in the Context of Brexit: Discussion

Mr. Les Allamby:

The European Union (Withdrawal) Act essentially provides that when the UK has left the EU, the supremacy of EU law will no longer apply. Some of the cases that have been outlined are cases in which both UK domestic law and EU law are applied. EU law does not always resolve the issues in those circumstances. When we have left the EU, it will be up to the UK to decide which parts of EU law it will retain. While I do not anticipate that it will get rid of EU law substantially overnight, the UK Parliament will have an opportunity to do so. I will set out what this means in practical terms for someone who has a partner or family member from within the EU. Based on what the UK Government is stating, EU citizens within the UK will have quite significant protections. Five or ten years from now, such people will not have the benefit of EU law. The issue of freedom of movement will go. The common travel area will deal with some issues for individuals that relate to freedom of movement and the common travel area. One's ability to bring one's partner back to Northern Ireland from Portugal, Spain or wherever will become a real issue. Under this agreement, freedom of movement will no longer apply to those coming into the UK in the long term in anything like the way it currently applies. That is one of the clear differences between where we might be in a few years' time - assuming the draft withdrawal agreement goes through - and where we are now. The kinds of issues we are talking about will probably expand to encompass bringing in family members from elsewhere within the EU. I am not talking about those who are already in the UK, but those in the future - the next generation, for example - who may decide they want to come to the UK.

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