Regina Doherty (Meath East, Fine Gael) | Oireachtas source

I will speak to the amendment first and then maybe get to the questions.

I do not propose to accept the amendment to section 77 of the Bill. Section 77 provides for an amendment to section 287 of the Social Welfare (Consolidation) Act 2005 regarding the continuation of a whole range of social welfare payments. Section 287 is the section of the 2005 Act that allows me, the Minister for Employment Affairs and Social Protection, to enter into bilateral arrangements with other countries. The amendment set out in section 77 of the Bill provides for, among other things, the insertion of a new subsection (3) into section 287 of the 2005 Act. The purpose of this new subsection is to enable me, the Minister, if necessary, to make an order with regard to the way in which arrangements under this section interact. Such arrangements may cover a number of issues, such as the recognition of contributions paid in other countries, which, it is to be hoped, will now include the United Kingdom.

As Deputies will be aware, due to the unique nature of the common travel area and the associated rights and privileges it provides and will continue to provide for Irish and British citizens in one another's countries, it was agreed that Ireland and the United Kingdom would formalise the pre-existing common travel area social protection arrangements in a legally binding agreement. This agreement was signed on 1 February. Under the terms of the agreement, all existing arrangements regarding recognition of, and access to, social insurance entitlements will be maintained in both jurisdictions. This means that the rights of Irish citizens living in Ireland to benefit from the social insurance contributions they have made while working in the United Kingdom and to access social insurance payments if resident in the United Kingdom are protected and vice versa. The agreement is subject to ratification processes in both Ireland and the United Kingdom, which are under way. I confirm to both Deputies that the Irish Parliament yesterday passed the convention. The convention on social security is in a resting period of 21 days within Westminster. This resting period will finish on 19 March. The United Kingdom's Privy Council will meet during this resting period to allow any submissions on behalf of Westminster parliamentarians to make towards the social security contribution and will be dealt with during the resting period. We are still on track in this regard. While I am confident that the process, having completed its passage here in Ireland, will complete its passage in the United Kingdom before 29 March, we must be absolutely certain that the current arrangements can continue even if all the necessary steps in the ratification process are not completed by that date.

That is the purpose of section 77. The provisions of the Bill on this matter have been carefully drafted on foot of extensive legal advice to ensure we have absolute certainty about the making of social welfare payments in the event of a no-deal exit and the security of those payments. Amendment No. 49 introduces a number of legal concerns and ambiguities around the process for the making of the necessary order. This makes it unclear how the amendment would operate, what my obligations as the Minister would be in light of it, and what the Dáil would be required to do. My concern is that it would leave the process vulnerable to challenge and, in doing so, create unnecessary risks around the continuity and the certainty we are all looking to provide. Furthermore, if our agreement is ratified by the United Kingdom Parliament by 29 March, as we expect, then the order envisaged by section 77 will not be needed in any event. Therefore, it is not appropriate for me to be obliged as Minister to make such an order by replacing the word "may" with the words "shall, with the assent of Dáil Éireann" as, fingers crossed, it is to be hoped that the need to make the order will never arise. It is for this reason alone that I propose not to accept the amendment.

See this speech in context