Oireachtas Joint and Select Committees

Wednesday, 20 February 2019

Joint Oireachtas Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs

General Scheme of the Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister of State at the Department of Culture, Heritage and the Gaeltacht

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael) | Oireachtas source

I thank Senator Warfield for his questions. I assure him with respect to artists' mobility that the common travel area is very important and predates our membership of the European Union, going back to the 1920s. The agreements signed with the United Kingdom mean the common travel area will be maintained in all circumstances. This will allow Irish citizens in the UK and British citizens in Ireland to have the right to reside, work, study and access healthcare, social security and public services in each other's countries. The common travel area and its associated and reciprocal rights and privileges will be maintained after Brexit, which is very important. This was agreed very early and highlighted in the pre-referendum discussions and lobbying. It was also highlighted by all member states as being important and I am thankful the United Kingdom has agreed it is important because it predates membership of the Union.

With respect to personal data transfers, the Department is undergoing extensive preparations to ensure measures are put in place for personal data transfers to continue in the event of a no-deal Brexit. The Department and agencies have collectively identified where personal data is transferred to the United Kingdom, including Northern Ireland, and where such transfers are to continue after 29 March, and the Department has consulted the General Data Protection Regulation and identified appropriate transfer mechanisms under Articles 45 to 49 in the event of a no-deal Brexit. Although the European Union has given assurances that discussions concerning the UK's adequacy decision, or Article 45 of GDPR, will commence quickly following Brexit, this may be a lengthy and complex process. As such, the Department and agencies will continue to transfer personal data to the UK, including Northern Ireland, under the transfer mechanisms outlined in Articles 46 and 49 of the GDPR regulations.

The Senator mentioned tourism and the possible impact on audiences. This is a very important area and we still cannot assume what will be the economic shockwaves, both in this country or the United Kingdom, when it comes to bottom lines and the financial wherewithal to travel from the UK to Ireland. It is clearly a concern and we do not know the impact on sterling exchange rates or people's ability to travel. It is clearly something of which we are conscious. We increased funding for the Arts Council in the last budget and we remain committed to full co-operation within the arts sector with the United Kingdom. We are promoting Ireland worldwide and not just in the European Union.

There are a number of areas that may not fall within the legislation but they have been identified with respect to continuing promotion of the arts. They include the issuance of licences for the exporting of cultural goods. The Department will decide applications once processed in that respect. The possibility of an inability to borrow items from the national cultural institutions of the UK was raised early and there have been bilateral discussions with partners in this respect. There has been investment because of concerns in the film industry arising from currency fluctuations etc. We have seen increased investment under the national development plan and the audiovisual action plan. There will be continued support with the section 481 tax credit system.

Many of these areas were identified from an early stage and mitigation measures were produced within the Department. As I said, none requires legislative change under the Brexit omnibus Bill, although that is not to in any way lessen the importance of the matters and the fact that there has been preparation and work done within the Department and agencies over a long period.

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