Professor Katy Hayward:

In response to the question asked by Senator Chambers, Northern Ireland is no longer in the EU and we will increasingly see the consequences of that. To give one example, as a result of the Nationality and Borders Act, non-visa nationals in the Republic of Ireland, that is, EU citizens and non-Irish citizens, will need an electronic travel authorisation, ETA, before they cross the Border. That is not even for work or anything like that but just to cross the Border. Legally that is the case. That ETA will be associated with biometric data so people will need to submit biometric data, including facial recognition data and fingerprints, in order to get the ETA that is required, at least officially, before they cross the Border. It sounds extraordinary but this is the environment we are in post Brexit in terms of North-South relations. We should just be aware of that. Such issues will increasingly arise for relations across these islands.

Ad hocengagement with Northern Ireland by the EU, recognising the consequences of the protocol, has been excellent. There has been so much attention from across EU member states, EEA countries and others. That has been very welcome. It is not just from businesses but also civil society organisations and experts. However, we are conscious that that will not be sustainable. It needs to be put on a formal basis. It is important that the UK and the EU agree proposals for structured engagement and formalised means around more complex aspects of governance in Northern Ireland going forward.

Regarding the Good Friday-Belfast Agreement, it was of course made in the context of UK and Irish membership of the EU and the assumption, therefore, of closer integration. I would point not just to the fact that Brexit is now putting that under pressure. It is not just about regulatory change etc. There are really fundamental changes happening. In effect, the UK constitution is being eroded or transformed. That will have an impact on the Good Friday-Belfast Agreement. At a baseline, there is also the breaking of international law, as we have seen in the Northern Ireland protocol Bill. We also see the centralisation of power, the erosion of devolution and the status of devolved authorities and institutions, parliaments and governments across the UK, and the sequestering of power into the Executive in Westminster. The use of delegated powers by Ministers will have consequences, as will the erosion of the Human Rights Act and what that means for Northern Ireland. In fact, the Equality and Human Rights Commission here will potentially lose its UN-recognised status as a result of a lack of funding and resourcing. It is fundamental to note the fact that we have not had rigorous impartiality in the exercise of sovereign power in Northern Ireland by the UK Government. This very much relates to the protocol. As a consequence, we are facing a situation in which anti-protocol sentiment is very closely linked to anti-Good Friday-Belfast Agreement sentiment. We need to be careful in how we manage not just the dangers but the opportunities that arise from any UK-EU agreement. We must preserve the essentials of the Good Friday-Belfast Agreement, including within the UK constitution with regard to basic principles of democratic governance, so we do not inadvertently end up in a very bad situation by the time we come to the agreement's 25th anniversary.