Oireachtas Joint and Select Committees

Thursday, 22 September 2022

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

EU-UK Withdrawal Agreement: Discussion

Dr. Stephen Farry:

I will ask a few questions and I hope all three of our witnesses will pick up those that are most relevant to them and respond.

I refer to the electronic travel authorisation. Without going over old ground, I ask for views in respect of the current situation in terms of discussions between the UK and Irish Governments around some possible solutions. Our understanding from the Home Office is that there is some engagement with the Irish Government but only on residents in Ireland, not the tourist angle. The words used have become slightly more concerning in terms of the way that engagement has been phrased since it was first mooted in March or April last. It was notable that when the UK immigration plan was published in July, there was no reference to the Irish context in any shape or form, either positive or negative, in terms of any outcomes or progress. Since then, there does not seem to be much progress as such. Following from that, are there any particular views on solutions for human rights or equality implications that may arise from that? One of the things I picked up was that people may be required to have a driving licence in their possession or some other form or paperwork that proves residence. It could almost be the case that while people will not have to travel with their passport, they will have to travel with their electric bill. How would that impact on people who do not pay the bills, including younger people? What are the witnesses’ thoughts on that particular angle?

On the asylum issue and refugees more generally, I concur with the concerns expressed in responses to earlier questions. With reference to the common travel area, are any of our witnesses picking up any potential tensions on the UK Government side as the UK increasingly diverges from good immigration practice and given that Ireland has a more generous policy? How does that cut across with the UK’s approach, in particular, for those who have come from Ukraine into southern Ireland and then moved into Northern Ireland informally or people who have perhaps diverted and, rather than crossing the English Channel, have come through Ireland to relocate to the UK? Are there any tensions around that?

I have a question largely for Ms Kilpatrick. To go back to any potential human rights legislation unpicking commitments to the European Convention on Human Rights and the domestic Human Rights Act, will she comment on the potential implications for the criminal justice policing reform in Northern Ireland, given that the particular aspects that came out from the Good Friday Agreement were heavily predicated on human rights considerations? Many of the practitioners, including senior police officers, talk about the importance of human rights and that they are now so integral to policing in Northern Ireland that anything that would undermine that would be of concern.

I have a question for Ms McGahey from the Equality Commission for Northern Ireland. Earlier today, some of the Northern Ireland census figures were published. One of the big takeaways from those is that religion is becoming an increasingly less reliable indicator of other identities or political persuasions. To what extent do we need to reconsider the approach being taken to issues such as fair employment monitoring? That is another aspect of public policy which is often constructed around two traditions or two communities. Can we still base our statistical analysis of equality considerations around public policy access based on a two-communities model, in particular in light of today’s census figures?

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