Oireachtas Joint and Select Committees

Wednesday, 27 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Discussion

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I thank the Minister for making himself available. The engagement is useful in the context of what will dominate these Houses for the next couple of weeks. I have a few questions about what is and is not in the Bill. I will start with what is in the Bill. The Minister spoke about non-refoulement. In respect of section 88 and the proposal to insert new section 3B into the Immigration Act 1999, it appears to clarify that these provisions will apply to the period commencing on 31 December 2016. My understanding is that this area seeks to clarify an area that was struck down by the High Court in 2018 in S.G. (Albania) v. The Minister for Justice and Equality. I am trying to understand the timeframe and how, if the case that saw the previous section struck down or rendered inoperable happened in 2018, we can confidently say that this section applies to the period between December 2016 and this legislation.

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