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 Alyson Kilpatrick:
On the question of whether we think it is going to be sorted, I think the answer to that is "No". I am not going to express it in terms of faith but one can tell a little about what someone is about to do from what they have already done. Evidence of intention can be taken from the current programme of work. The illegal migration Bill is one of the measures that tells us exactly what the intention is. It includes things which were previously inconceivable such as arbitrary detention without judicial scrutiny - without even recourse to a judge - for at least 28 days. These people could be pregnant women or children, etc. Those are not oversights or mistakes; they are deliberate. That tells me what I need to know about the intention to protect rights more generally. Therefore, we have to be very careful about what is coming and scrutinise every Bill. Of course, that is going to have an impact here as well because someone could inadvertently cross the Border and fall far off the Secretary of State's duty to be detained and removed.
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