Dáil debates

Thursday, 28 February 2019

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Second Stage (Resumed)

 

4:45 pm

Photo of Peter FitzpatrickPeter Fitzpatrick (Louth, Independent) | Oireachtas source

I give my support to this legislation and commend the work done by the Tánaiste, Deputy Coveney, and the Minister of State with responsibility for European affairs, Deputy McEntee. I think they have done a great job. Coming from Dundalk, which is a Border town, it is important that the common travel area remains. It is a long-standing arrangement between Ireland and the UK that enables Irish and UK citizens to travel and reside in either jurisdiction, without restriction, as well as providing for associated rights and entitlements in both jurisdictions. These rights and entitlements include access to employment, healthcare, education and welfare benefits. All parties have made commitments to the continuation of the common travel area and associated rights. It is very important those commitments be upheld. That would mean that across many sectors, including health, there would be no change in the rights of Irish citizens. They will be able to move freely between North, South, east and west and work, study and access health and social benefits in the UK on the same basis as UK citizens. Reciprocal arrangements will also apply to UK citizens in Ireland.

Brexit is the main topic of conversation in every household in this country. When I get home tonight, the first thing my wife will ask is what happened with Brexit. Many people in my constituency realised there was going to be a debate on this topic in the Dáil this week. In fairness, there are also many people who do not understand what this debate is about. I am, therefore, going to go through the different parts of the Bill and try to explain it to myself and my constituents. Part 1 provides for the Title of the Bill, while Part 2 deals with healthcare arrangements between the UK and Ireland and the common travel area. Part 3 deals with proposals to amend the Industrial Development Act 1986 and the Industrial Development (Enterprise Ireland) Act 1998. This will enable Enterprise Ireland to further support businesses through investments, loans and grants and to limit the negative impact Brexit has on vulnerable enterprises. Enterprise Ireland does a great job in my own county of Louth and in Ireland generally.

Part 4 of the Bill deals with the transitional power to modify licence conditions concerning the Commission for the Regulation of Utilities, Brexit and the single electricity market. Part 5 deals with student supports in higher education. At present, eligible students from Ireland who take up approved third-level courses in the UK, and eligible UK nationals who take up approved courses in Ireland, qualify for student universal support Ireland, SUSI, grants due to the UK's membership of the European Union. The purpose of this part of the general scheme is to ensure continuity of commitment to maintaining the rights and privileges bestowed by the common travel area, and eligibility for SUSI grants, even in the event of a no-deal Brexit. Part 6 of the Bill deals with taxation and amendments to legislation governing income tax, capital gains tax, capital acquisitions tax and stamp duty. A provision on VAT has also been included.

Part 7 deals with financial services. This includes introducing legislative amendments to support the implementation of the European Commission equivalence decisions under the central securities depository regulation, CSDR, and extending the protection contained in the settlement finality directive to Irish participants in relevant third-country domicile settlement schemes. Part 8 deals also with financial services and makes amendments to the European Union (Insurance and Reinsurance) Regulations 2015 and the European Union (Insurance Distribution) Regulations 2018. This will provide for a temporary run-off regime, which, subject to a number of conditions, will enable insurance companies and undertaking intermediaries to continue to fulfil contractual obligations to their Irish customers for three years after the withdrawal of the UK from the EU. These insurers and intermediaries, however, will no longer be able to write new insurance contracts or continue insurance distributions in respect of new insurance contracts in Ireland until they obtain relevant authorisation under the EU insurance supervisory regime.

Part 9 of the Bill relates to ensuring appropriate features and safety systems are in place where a foreign rail operator runs a service in Ireland. In the event of a no-deal Brexit, this part of the Bill also ensures Enterprise railway services will continue to operate without disruption. Railway services are not included in this Bill. Part 9 of the Bill also covers pilot exemption certificates issued by harbour companies. Part 10 deals with bus and coach services. This makes the National Transport Authority, NTA, the competent authority to regulate bus services between Ireland and third countries, with enforcement by the Road Safety Authority and An Garda Síochána. The intention is that these heads could provide the backdrop to any future bilateral discussions to be held between the Irish and UK Governments regarding arrangements to facilitate bus services.

Part 11 deals with amendments to the Social Welfare Consolidation Act 2005. The aim of the suggested amendment reflects the Government’s commitment to maintain the common travel area between Ireland and the UK and to provide for the continuation of the relevant social welfare payments. Due to the unique nature of the common travel area between the UK and Ireland, and the associated rights conferred on Irish and British citizens in each country, the convention seeks to formalise the pre-existing common travel area and social protection arrangements in a documented agreement. Part 12 deals with the amendment of the Protection of Employees (Employers' Insolvency) Act 1984. The draft withdrawal agreement between the EU and UK provides for the continuation of arrangements to deal with cross-Border insolvencies including the protection of employees. In the event of a no-deal Brexit, the UK will enact draft regulations to provide for pan-European insolvencies.

The situation of employees will depend on the particular context in each member state. Part 13 of the Bill deals with the amendment of the Interpretation Act 2005. This will seek to address the potential vacuum in the event of a no-deal Brexit scenario by making amendments to the Extradition Act 1965 to allow extradition between Ireland and the UK at the request of the Minister for Justice and Equality. Part 14 deals with amending the Immigration Act 2004 to give an immigration officer the power to take fingerprints from a person applying for an Irish or a transit visa, where that officer thinks it necessary for ensuring the integrity of the common travel area. Part 15 of the Bill is entitled "Miscellaneous" but is materially the same as Part 13 and deals with changes to the Interpretation Act 2005. Part 16 amendments to the Data Protection Act 2018 proposed in the general scheme of the Bill are not included in the Bill itself and the proposed Part 17, which deals with exchanges of immigration data with the UK, is also not included in the Bill.

A big concern among my constituents in Louth is the introduction of the international motor insurance card, the green card. As the Acting Chairman, Deputy Breathnach, will know, as he comes from Louth as well, many people in the county, and their families, work in and travel to Northern Ireland. The volume of traffic to and fro is immense. The Good Friday Agreement was probably one of the best things to happen to this country. I grew up in the 1960s and 1970s and I know what the Troubles were like. The signing of the Good Friday Agreement helped everybody on both sides of the Border. The last thing we want to see is the Border reintroduced. Nobody wants to see the return of customs depots, with members of the Garda on one side and army personnel on the other.

The last 20 years have been very peaceful for everybody in Ireland and that is particularly the case for those who live along the Border. As a former soldier myself, I know what it is like to patrol between Omeath and Cullaville. There are 38 Border crossings and I am familiar with all of them. I believe there are now many more than 38 Border crossings since the Good Friday Agreement. The people of Ireland did not seek Brexit. It is the UK that wants to leave the EU. In fairness to the Tánaiste, Deputy Coveney, he has often said he wishes things could go back to the way they were and we could have the relationship we used to have.

We still have an awful lot to lose. I commend the Tánaiste, who has just come into the Chamber, and the Minister of State, Deputy McEntee, on the fantastic work they have done so far. Many people have a lot of faith in the Tánaiste and, in fairness, he never once refused to talk to the media or tell the people what is going on. It is very important that we continue that here.

Many people in constituencies are worried and are scared. The 29 March deadline is fast approaching. Nobody knows what will happen. One week we hear that a deal will be done while the next week we hear a deal will not be done. We then hear that people are calling for another referendum. That is creating uncertainty. The main topic in every household in this country is Brexit. In fairness to this Government, it has not shied away from that. It has been upfront.

We have to respect Deputy Micheál Martin as well because he and the Fianna Fáil Party have stood up on this issue. In fairness, they could have taken the handy approach before Christmas and perhaps pushed for a general election. We would then have the same scenario as they have in the UK. I refer to Sinn Féin and all the other parties in that regard also.

I have been a Deputy for the past eight years and this is one issue that has brought the entire country together. It is a fantastic day. I hope that in the coming weeks and months we all stick together because the goal is to look after our citizens.

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