Oireachtas Joint and Select Committees

Wednesday, 7 October 2020

Joint Oireachtas Committee on Social Protection

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent) | Oireachtas source

Do members have any supplementary questions for the officials? I have a couple of brief questions. If it is not possible to answer them today, responses may be submitted in writing afterwards.

There are approximately 132,000 people in Ireland in receipt of a UK pension. How many have received top-up payments from the Department of Employment Affairs and Social Protection?

As we know, the common travel area goes back to 1924 and predates the establishment of the European Union. We have reciprocal arrangements in place. However, from my experience the common travel area has never been properly recognised after the initial period in terms of the habitual residency condition. In respect of the habitual residency condition, initially a different approach was taken to British citizens residing here. However, in more recent times there has been a very rigid interpretation of that. What will be the treatment of the habitual residency condition test from 1 January?

The convention on social security between the Government and the UK authorities, which was signed on 1 February 2019, recognises the schemes that were in place at that time. Since then, the parental benefit scheme, the unemployment benefit schemes for the self-employed and the pandemic unemployment payment have been introduced here. They are not covered by that convention. I would like reassurance that citizens of this State or people who have built up an entitlement in this State will continue to be able to draw on those entitlements from 1 January 2021.

What arrangements are now in place to deal with the all-Ireland free travel scheme from 1 January? Does legislation need to be introduced? Why is that not referenced in the primary legislation that we have?

Colleagues referred to Newcastle and the reciprocal arrangements that are in place. The difficulty for all of us is that there seems to be a bottomless pit once a request goes in to Newcastle. My concern, as I outlined to the Minister, concerns GDPR issues and the fact there is now a third country state that does not have GDPR recognition with the European Union. We have seen the various interpretations of data protection legislation in Ireland. Could that delay the process of releasing information and deny entitlements to individuals residing here, or vice versain terms of Irish citizens with mixed contributions making a claim in the UK?

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