Oireachtas Joint and Select Committees

Thursday, 29 June 2023

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Impact of Brexit on the Divergence of Rights and Best Practice on the Island of Ireland: Discussion

Ms Geraldine McGahey:

It is important the people of Northern Ireland have a functioning assembly sooner rather than later. Not having one has caused instability on a range of issues, from budget-setting to the progression of legislation and the delivery of various strategies that have equality and human rights at their heart, whether relating to anti-poverty or any of the other issues. It is incumbent on all of us to keep a watchful eye on this because the divergence of rights will evolve over time. The scope of Article 2 has yet to be fully determined and it is only the courts that can do that.

As that evolves and as European legislation evolves and case law emerges, the prospects for divergence will continue to grow. It will require constant monitoring, therefore, and to that end, we are in the process of commissioning our second report and research paper into this very issue because it is a moveable feast. The report highlights the fact there were a lot of unknowns at the time the first report was delivered. We make recommendations that impact on everyone and every level of government, including the civil service and officials. We all must keep a watchful eye on developments in the EU and to that extent, we have included a recommendation for the EU to provide access to that kind of information in real time. We have made recommendations in respect of officials providing the various committees with a clear explanatory document to set out how the proposed legislation or policy complies with the commitments in the Windsor Framework, in particular Article 2. Every level and strategy of government is required to keep a watchful brief on new legislation being proposed and developed within Northern Ireland itself, Westminster and the EU because it is through that process that we will be able to identify where further divergence is likely to occur.

We recommend also that the UK Government and the Northern Ireland Assembly voluntarily align with developments that fall outside the directives listed in annexe 1 because we believe that anything that will strengthen the equality and human rights protections for the people of Northern Ireland is very much to be welcomed and embraced. We no longer want to be the poor relative lagging behind all our neighbours in respect of the protections at our disposal, and committee members will find a lot on that within the document.

As for the impact of the electronic travel authorisation, ETA, on tourism, I will hand over to my human rights colleagues.

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