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

Mr. Patrick Corrigan:

I am. As things stand, it is now legislation. People who have arrived in the UK and would have been lodging asylum claims have, since 22 July, no longer been able to do that and face no prospect of their claims being processed. They are in a sort of limbo land, but now with a prospect of detention with a view to deportation. The human rights commission's legal challenge, if successful, may well provide that clarity and some changes with respect to Northern Ireland and may, therefore, provide some relief. It will not, however, deal with the wider issues for people across the UK or who are entering the UK. There is also the prospect that the legal challenge is not successful. Meanwhile, there are serious issues for people on the island of Ireland, including people residing in the Republic of Ireland. If the commission's legal challenge is successful, we could see some changes to exempt Northern Ireland in terms of the EU law dimensions. If there is a finding of potential breaches of the European Convention against the Government, it will go back to the UK Legislature, Government and Parliament to consider how to bring it into compliance. That might lead to some sort of exemption or ring-fencing of the Northern Ireland situation. That all remains to be seen. Meanwhile, the Act is in place and people face legal jeopardy on both parts of the island.

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