Mr. Patrick Corrigan:

There are several consequences or implications of this legislation for people on the island of Ireland on both sides of the Border. There is a de factohardening of the Border now for people moving from one side to the other. While protections are in place for people with UK or Irish citizenship, who hold those passports, for people who do not, they have to face new realities. They are called visa nationals - people who would require a visa to enter the UK, who may reside or visit the Republic of Ireland and wish to cross the Border into Northern Ireland. The new legislation seems to capture them and have serious implications for them. The serious implications are that, under clause 2 of the Act, if they cross the Border into Northern Ireland without the appropriate paperwork and visa, whether for shopping or tourism purposes, they face being removed by the UK to their home country or a third country. We already touched on Rwanda; it was certainly the country in mind for the UK and is still in mind for UK ministers when they think about a safe third country, even though the supreme court determined it is not safe. There is legal resonance for these visa nationals in the Republic of Ireland. They are living happily and safely in the Republic of Ireland but that does not provide them with protections when they move across the Border into Northern Ireland. It does not provide assurances that they will be returned to their homes in the Republic. That might be the outworking of it as a practical decision but it is not in the legislation.

People who are visa nationals crossing the Border from South to North have always been required to comply with UK immigration requirements but, routinely, there are no checks on the land border. Sometimes there are or people might come into contact with the authorities for other reasons; perhaps they are a victim of a crime or involved in a car accident, whatever it might be. There are now much more severe consequences for them coming into contact with the authorities in Northern Ireland, including the immigration authorities, because now they could be caught up in this illegal migration Act, detained or removed and they would not have any proper right to challenge that with judicial oversight. They could find themselves on a plane to a country with which they have no contact or a country from which they fled. This would be a denial of rights to people who call one part of Ireland home, who find themselves in another part of Ireland are caught up in UK legislation which puts them in jeopardy. By jeopardy, I mean risk with reference to Articles 2 and 3, a risk to their lives in some circumstances and certainly risk to inhuman and degrading treatment, all without judicial oversight. That is a breach, as the Human Rights Commission pointed to in its legal challenge, of rights guaranteed under the Good Friday Agreement, the European Convention on Human Rights and the Windsor Framework, including rights that existed for people in Northern Ireland under various EU directives and EU law. They are the consequences for people, particularly those moving from South to North and getting caught up in the clauses of this Act. It does not just affect people in Northern Ireland and those who live there, it potentially affects people who live in the Republic of Ireland who, for very normal, everyday reasons, move into Northern Ireland for tourism, shopping, education or other purposes.

It is extraordinary that this situation has now happened but it has, and without the UK Parliament paying much heed or caring.