Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

To continue from Deputy Ó Broin's contribution, the Taoiseach made a public commitment never to leave citizens in the North behind again. He now has a real opportunity within the scope of this Bill to act on that commitment, to ensure Irish and EU citizens in the North retain the most basic entitlement of any system, the right to elect democratic representation. More than 600,000 people in the North voted in the last European election to have their voices heard in the European Parliament and they have. The majority of people in the North voted to remain in the EU in the referendum in 2016. The very reason we are discussing this Bill, and debating the European Council decision made in June 2018, is, need we remind ourselves, Brexit. The impact of that decision on citizens in the North must not be ignored in the context of this Bill before us.

Despite the fact that they will remain EU citizens post-Brexit, with a right to direct representation in the European Parliament, they will be denied that right as a result of Brexit. The British Tory Government throughout the Brexit circus has given no thought to the rights of the people of this island. The right to representation in the European Parliament for citizens in the North can be protected if the Irish Government allocates the two additional MEP seats that Ireland has been given to the electorate in the North. It is vital that the people of the North have their voices heard in the European Parliament and it is within the remit of the Irish Government to facilitate this. This is legally possible. It is not impeded by any constitutional barriers. It can be done.

My colleagues, Martina Anderson, MEP, and Teachta David Cullinane made a submission on behalf of Sinn Féin to the constituency commission in August 2018 which dealt with the upcoming European elections, the impact on the number of Irish seats in the European Parliament and their distribution across the island in the face of Brexit. Sinn Féin's submission proposed that the constituency commission consider the creation of an additional constituency for the North of Ireland. It would have two MEPs the two that Ireland, south of the Border, is set to receive as Britain leaves the EU, the Six Counties dragged in its wake. In November 2018 that submission was reinforced by the legal advice commissioned by the Confederal Group of the European United Left/Nordic Green Left, GUE/NGL, on retaining European voting rights in the North post-Brexit. This independent legal opinion demonstrated beyond a shadow of a doubt that this action is legally possible and permissible. The excellent work done by barrister Mark Bassett covers EU and Irish law and is unambiguous, showing that with political will this can be done.

While the constituency commission was unable to consider the submission as part of its work owing to its terms of reference, this does not prevent this Government from considering its content. The question of who votes in EU elections is for national governments. It is therefore a matter for Irish legislation and, as such, it is within the power of the Irish Government to do something about it. Legislative changes will be needed. This is not a reason to do nothing about it nor is it an inhibitor to actually doing something. It should be pointed out that Brexit requires not only changing the law but drawing up entirely new treaties. Sinn Féin is calling for the creation of a constituency in the North and for the two additional European Parliament seats being allocated to Ireland to go to our fellow citizens in the North, providing them with the opportunity to continue to exercise their right to vote and return representatives to that Parliament. This means that no one has to sacrifice existing representation and that the people of the North who voted to remain in the European Union continue to have a voice in Europe. Those who held, and who may continue to hold, a contrary view, and who are Irish citizens, would be equally entitled to fully participate and contest. Every person born in the North of Ireland has the right to EU citizenship and therefore the right to stand and to vote in European elections.

There are a number of regions and territories across Europe that offer flexible and imaginative solutions to ensure citizens maintain their voting rights.

This Government could do likewise for the people of the North of Ireland, and for the people of all of Ireland by extension. Any proposal to exclude the people of the North from the future EU elections goes against the Good Friday Agreement and runs totally contrary to the Taoiseach's statement that they would never again be left behind. Citizenship must mean something. Let us not forget that the people of the North did not vote for Brexit. They see the value of EU membership and of being closer to the rest of Ireland and to the EU rather than being left at the mercies of Westminster alone. British and Irish citizens from the North of Ireland deserve representation in the European Parliament and this is what we have been proposing. I am again calling on the Government to review this decision. As my colleague, Deputy Ó Broin, has said, there is no legal impediment to its enfranchising Irish citizens who are registered in the North.

In conclusion, let me recall that paragraph 52 of the joint report produced by the EU and the British Government in December 2017 specifically stated that the people of the North, "who are Irish citizens will continue to enjoy rights as EU citizens, including where they reside in" the North of Ireland. The Taoiseach stated that everyone born in the North, "will continue to have the right to Irish and therefore EU citizenship". He also stated the joint report was rock solid, cast-iron, and politically bulletproof. In response to a letter signed by representatives of civic nationalism - not by Sinn Féin, although some signatories may indeed support our party - the Taoiseach assured them that Government had protected their interests. He stated, "Your birthright as Irish citizens, and therefore as EU citizens, will be protected." He added, "You will never again be left behind by an Irish Government.”, which is something I have already cited here this evening.

This was a very welcome and positive commitment that I, with colleagues and other voices in this House, warmly welcomed at the time. However, many now believe that this promise has been broken. The specific commitment to citizens who reside in the North is missing from the withdrawal agreement. The Government has yet to explain why the rock solid, cast-iron and politically bulletproof joint report commitment of December 2017 on the right of Irish citizens in the North to enjoy rights as citizens of the European Union is missing from the withdrawal agreement. The additional seats allocated to this State by the EU could have been - and, I contend, still should be - allocated to the North, but the Government has so far said "No". I conclude by simply asking the question, why?

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