Oireachtas Joint and Select Committees

Wednesday, 7 October 2020

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Discussion

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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I thank the Minister of State and his officials for being with us. I wish to apologise because I must leave soon to go to the Convention Centre but I will do my best to listen to the recording of the debate.

I want to ask about the amendments concerning the issuance of certificates. The sections allow for the disapplying sections of the Companies Act and then the insertion of a new section of the Companies Act. Regarding the issuance of certificates, will there be an external and public record of securities transferred under this legislation beyond the record held by Euroclear UK & Ireland, where the securities are migrating from, and Euroclear Bank in Belgium, where the securities are migrating, to be deposited? If so, where will the records be held? Will they be publicly available?

On page 20, Part 4, relating to section 1087(e), (f) and (g), I want to clarify a few points. I understand these sections allow the securities to be transferred to the Euroclear Bank in Belgium and the sections, in question, are to ensure that the transfer of securities operates as quickly and as smoothly as possible. Sections 1087(e) and (f) make substantial changes to the primary legislation mentioned. As referenced in the explanatory note of the general scheme for these sections, similar changes were made to British law in 2001 and 1996. Perhaps there is already existing evidence that there would be no unintended consequences with these changes. Has the Department considered monitoring the operation of these sections, on a short-term basis, to ensure that the changes will have the desired and proposed effect?

My final broad questions are on workers and work permits and concern Part 5, page 20, head 51, the restriction on granting of employment permits. Given the volatile nature of the British withdrawal from the European Union, and I do not think anyone will dispute my description, has the Department concerns that previously agreed aspects of the withdrawal, namely, the equitable arrangement whereby Irish workers in Britain will not have to obtain a work permit, could be reneged on by the British Government? If so, what is the view of the Minister of State and the Department if that event occurs given the somewhat chaotic nature of the withdrawal thus far?