Oireachtas Joint and Select Committees

Wednesday, 20 February 2019

Joint Oireachtas Committee on Social Protection

Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael) | Oireachtas source

I think that may have been true insofar as when we tried to find a legal definition of and legal arrangements for the common travel area, which has been enjoyed for many decades, there probably was not a very sound legal basis. However, we now have a bilateral agreement between Ireland and the United Kingdom on the reciprocity of all our social insurance and social security arrangements, so there is absolutely no doubt but that it has a legally binding underpinning in both legislation as a convention in Ireland and now as a convention in England, once both conventions are ratified by both parliaments.

Again, as I suggested to Deputy O'Dea, the regulations will not need to be drafted if and when the convention is passed in both the Irish Parliament and the UK Parliament. Again, I cannot be sure the kitchen sink will not be thrown at something. The Parliamentary Counsel is drafting regulations for all the Departments involved in the miscellaneous Bill, and we will be well within the 29 March deadline. As I said to the Deputy, I am very positive, as is Amber Rudd, that both our conventions will be signed, will be legally binding and will be ratified by our Parliament and that of the UK long before 29 March. When I say "long before", it might only be seven days before, but seven days is a long time in politics around here these days.

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