Oireachtas Joint and Select Committees

Wednesday, 4 December 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Citizenship Rights and DeSouza Judgment: Discussion

Ms Una Boyd:

With regard to the withdrawal agreement, as Professor Harvey said, we are going to see how the Good Friday Agreement applies to elements of the withdrawal agreement. What this is going to draw attention to is that paragraph 52 of the joint report committed to protecting EU rights of persons, including where they reside in Northern Ireland. That vanished. We did not see that reflected in the withdrawal agreement, and what we have in the withdrawal agreement is part two which outlined citizens rights, so it is things like workers' rights, residents' rights, and the rights to family reunion. There is a commitment that those rights will be protected for life, but already Northern Irish born Irish citizens are excluded from those because the only way of accessing them is the EU settlement scheme, and the only way of applying to the EU settlement scheme is to not be considered a dual national, so we have come full circle in terms of protections under the withdrawal agreement. Northern Irish born Irish citizens are not going to be able to access them in a legally enforceable way because of the policy that we are dealing with, which comes right down to respect for the obligations under the Good Friday Agreement, as has already been said, they are going to come head to head.

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