Oireachtas Joint and Select Committees

Wednesday, 6 November 2019

Joint Oireachtas Committee on Health

Implication of Brexit for Health Law in Ireland and EU: Discussion

Professor Tamara Hervey:

I agree with what has been said. To add to it, there will be some legal discussion within the EU about which matters are solely in control of the EU and germane to, as the Deputy put it, its future integrity - trade in products will 100% be that kind of matter - and what matters will be for both the EU and the member states to decide on. For example, social security collaboration includes shared cross-border health services. As such, providing access to something like the European health insurance card for UK nationals will definitely not be 100% up to the EU. There may even be scope for differences between member states. There will be another group of matters that will just be for member states to decide separately. The EU will hold the narrative at political level that there is no cherry-picking, but at a technical legal level there will be some matters where the EU does not have competence to crowd out different preferences in different states. On the island of Ireland, what we have to lay over that is the constant commitment to all that has been achieved in terms of peace. We know that health policy is a key plank of that. This is not an answer to the Deputy's question, but a reflection on the issues that he raised.

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