Mr. Daniel Holder:

This is something that was quite surprising. The European Parliament issue is perhaps clearer. For Irish citizens, there was an indication at the beginning of the Brexit process that political and other EU rights would be retained, but that has not happened. In terms of referendums, what has happened is this. Irish citizens, separate to other EU citizens, have had a right to vote in Westminster elections and referendums. When one looks at the memorandum of understanding on the common travel area that the two Governments signed, reference is only made to Westminster elections and not referendums. That obviously raised a few eyebrows. How could Irish citizens not be allowed to vote in referendums when that had always been the case? A number of parliamentary questions were submitted in Westminster about that. The response of the British Government was surprising. It would not confirm that Irish citizens would continue to have a vote in referendums. In fact, it argued that it was not reciprocal because British citizens resident within the state were not entitled to vote in referendums. We have gone down this route as we started to talk about the common travel area and reciprocal rights. One could conversely have a situation whereby what is intended to be a development or codification of what are referred to as "common travel area rights" could actually end up restricting rights based on the UK only willing to provide what is reciprocated. It would clearly be unthinkable that half the population in the North would be stripped of their vote in a referendum, but when it was put to the UK Government it did not give a clear answer.

To pick up on Senator Byrne’s point on data collection, one of the concerns we have relates to the risk of Irish immigration officials essentially enforcing British hostile environment immigration policies within Irish ports and airports. This has manifested itself, it has already happened and there is legislative provision for it. It could manifest itself when someone lands in, for example, Dublin Airport but intends to travel onwards to Armagh or Derry, or wherever else. On the basis of either representations from the UK authorities or of an individual decision, a decision is taken that someone thinks he or she will not meet the UK entry requirements, particularly when they are discretionary for non-visa nationals, and is therefore not allowed to land in Dublin Airport and is turned away. One could have the situation whereby Irish immigration officials are essentially enforcing the hostile environment policy on Irish soil. That is quite concerning because we are not aware of the legal basis for information sharing in some of those issues.