Oireachtas Joint and Select Committees

Monday, 24 May 2021

Seanad Committee on the Withdrawal of the United Kingdom from the European Union

Citizens' Rights in Northern Ireland Post Brexit: Discussion

Photo of Lisa ChambersLisa Chambers (Fianna Fail) | Oireachtas source

That is okay. The debate is ongoing in terms of extending the franchise. Ms McGahey is correct; there is a job of work to be done in the Republic on that particular issue. I am conscious that we are coming close to our finishing time of 5 p.m.. Members might please let me know if they wish to come in and ask a question. We will have a few extra minutes beyond 5 p.m. because we suspended due to the Seanad vote.

I also wish to quickly raise a couple of issues, the first of which is around the common travel area and the fact that we just have a memorandum of understanding. When this was first signed, I raised directly with the Minister, Deputy Coveney, at the time the question of why we did not have a legally binding treaty. There were reasons for that relating to the inflexibility of a treaty. There were benefits to having a memorandum of understanding. Do either of the three organisations have a view on the status of the memorandum of understanding? Do we need to look at perhaps putting it on a stronger legal footing longer-term?

Mr. Allamby's final paragraph outlines one of five practical issues that might arise when travelling across the Border if a person falls within or outside the mechanisms that are in place. In the previous session, one of the issues raised by Mr. Holder was the UK Government's proposal to have an electronic pre-clearance requirement for non-Irish and non-British citizens coming into the UK. He raised the issue that we could have an EU citizen who is not Irish and not British on the island of Ireland. He or she could be a Polish person living in County Donegal, for example, who may want to travel back and forth across the Border, as is normal for people living in the Border area. That person could be subjected to an on-the-spot check on the ground and may not be in compliance with this pre-clearance. Might any of the three organisations have looked at that issue?

Of course, I wish to raise with witnesses the issue of the ongoing discussions on the protocol. We have had much debate on the protocol in this committee, the majority of which is probably coming from a very defined view that it is a good thing. That would certainly be my view and it has been expressed by members of this committee.

Obviously, however, the unionist community have a very different view on the other side. We have heard from some members that they feel it undermines the unionist position under the Good Friday Agreement. Do any of the witnesses have a view on the Northern Ireland protocol and its impact on the Good Friday Agreement as it affects citizens' rights?

Those are my few questions. Does anyone else wish to come in before I hand back to our commissioners?

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