Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I propose to take Questions Nos. 30, 53 and 64 together.

As a co-guarantor of the Good Friday Agreement, the Government is determined that all aspects of the agreement are fully respected through the process of the UK’s withdrawal from the European Union and thereafter. Our priority is to ensure that the Good Friday Agreement and the overall integrity of the settlement are not in any way disturbed by the UK’s exit from the European Union. All provisions of the agreement must be respected, including those relating to human rights.

The protection of human rights in Northern Ireland law, including through the incorporation of the European Convention on Human Rights, is one of the key principles underpinning the Good Friday Agreement. It is important to be clear that the European Convention on Human Rights, ECHR, is separate and distinct to the European Union. The UK’s decision to leave the EU has no impact on its obligations under the ECHR. Even after the UK leaves the EU, there remains a continuing obligation on the British Government to incorporate the European Convention on Human Rights into Northern Ireland law, as provided for in the Good Friday Agreement. In this regard, I welcome the clarification in the UK Government’s White Paper on withdrawal from the EU where it states specifically that it has no plans to leave the European Convention on Human Rights.

In the context of British Government proposals, not connected with Brexit, to repeal the UK Human Rights Act and to introduce a domestic bill of rights, the Government has consistently emphasised to the British Government the importance of fully meeting its human rights obligations under the Good Friday Agreement. In this regard, I would note that while a domestic bill of rights can complement incorporation of the convention, it does not replace it. The British Government has indicated that it is not currently pursuing a repeal of its Human Rights Act. The Government will continue to monitor the situation closely.

On 13 February, I convened a sectoral dialogue on human rights under the Good Friday Agreement to hear the views of civil society, North and South, on the possible implications of Brexit for this pivotal chapter of the agreement. This was a valuable exchange and a number of key themes emerged, including the importance of upholding the Good Friday Agreement chapter on rights, safeguards and equality of opportunity, as an integral part of the agreement as a whole; the value of a bill of rights for Northern Ireland as referred to in the Good Friday Agreement, in mitigating some of the potential impacts of Brexit for Northern Ireland; and the value of a charter of rights for the island of Ireland as referred to in the Good Friday Agreement. This would also support the provision in the agreement on equivalence of rights on the island. Each of these themes demonstrates that human rights are central to the peace process and must be protected and sustained, regardless of the UK’s future relationship with the European Union.

On 14 February, I held a bilateral meeting in Dublin with the Secretary of State for Northern Ireland, James Brokenshire. I reminded him of the unique circumstances that pertain to Northern Ireland, given the political and constitutional settlement of the Good Friday Agreement. In this regard, I noted to the Secretary of State the range of issues raised in the aforementioned sectoral dialogue on the human rights provisions of the Good Friday Agreement. I emphasised to the Secretary of State the duty on both Governments to ensure the integrity of the agreement in this and all other aspects, whatever the UK’s future relationship with the European Union might be.

Human rights are central to the peace process and must be fully protected and sustained, regardless of the UK’s status in the EU. The Government will continue to work closely with the British Government and the Northern Ireland Executive to ensure that the protection of human rights remains at the heart of civic life, politics and ongoing societal change in Northern Ireland. This includes the continued incorporation of the European Convention on Human Rights in Northern Ireland law, as provided for in the Good Friday Agreement.

See this speech in context