Oireachtas Joint and Select Committees

Thursday, 16 November 2023

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Impact of the UK's Illegal Migration Act 2023 on the Good Friday Agreement: Discussion

Ms ?rfhlaith Begley:

I thank Mr. Corrigan for his informative presentation. It is good to get an update on the Act from him. I recently met with the North West Migrants Forum in Derry and its representatives walked me through the legislation in quite a bit of detail. They raised a concern that I do not think gets enough attention, namely, the Common Travel Area. There is no reference at all within the legislation to the Common Travel Area or indeed how cross-Border life works in Ireland. That is an omission on behalf of the British Government. In the long run, the likes of ethnic minorities and people from different backgrounds will see a hardening of the Border as a result of that because there is no reference or consideration given to the people living on this island, particularly with regard to the Common Travel Area.

I welcome the decision yesterday by the supreme court on the Rwanda policy and the fact that it is unlawful, and I note that it is a unanimous decision. I do not think it comes as a great surprise to any human rights activists or lawyers who have been following this legislation because the warning signs had been there from the get-go. In particular, when it was passing through Westminster at that time, concerns were given on the legislation being incompatible with the European Convention on Human Rights, ECHR. Several ministers asked whether it was compatible and they could not give that reassurance. That alone is concerning but what is probably even more concerning for us living on this island is the fact that the ECHR is a key element of the Good Friday Agreement and if we are to strip away elements of the ECHR - for example, if the British Government was to dilute that convention in significant ways through domestic legislation or policies - we could see that, in a way, it is abandoning or at least undermining the Good Friday Agreement and the rights that should be protected and contained within it. I would like to hear Mr. Corrigan’s thoughts on that. In respect of the Good Friday Agreement, what are the concerns going forward?

I note that yesterday the UK Prime Minister was very much for wanting to see the Rwanda policy pursued. He even said he would give a commitment to revisiting the domestic legal framework. What position or policy could be brought forward by the British Government in relation to that? Is that concerning for us, in particular with regard to protections given under the ECHR and as well as the Good Friday Agreement?

As a supplementary to that, whenever I have met with the forum, it has mentioned the Common Travel Area. There are obviously issues with citizens and people living legally within the jurisdiction of the North or South, such as those who may be married to an Irish resident. There are restrictions and limitations whenever they travel from the North to the South orvice versa. Is there a job of work to be done there to bring forward provisions and protections under legislation? Perhaps the Irish Government could bring that proposal forward in conjunction with the British Government as co-guarantors of the Good Friday Agreement.

If Mr. Corrigan could answer those questions generally, I might come back in with another one - or Michelle is online as well. Thank you very much

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