Darragh O'Brien (Dublin Fingal, Fianna Fail)
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23. To ask the Minister for Foreign Affairs and Trade if he will confirm that when he stated in his recent press statement on 14 February 2017 that it is essential that none of the human rights protections or frameworks underpinned by the Good Friday Agreement are disturbed by any changes that are consequent to a Brexit agreement, that this includes the Northern Ireland Act 1998 and all the human rights and constitutional protections therein that give effect to the Good Friday Agreement; the action the Government as co-guarantor has taken, in view of the fact that the Agreement is inviolable as part of a UN recognised international treaty, to ensure the delivery of the outstanding human rights protections of that Agreement, including the bill of rights; and if he will make a statement on the matter. [8824/17]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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When the Minister said in a press conference on 14 February last that it "is essential that none of the human rights protections or frameworks underpinned by the Good Friday Agreement are disturbed by any changes that are consequent from a Brexit agreement", does that include the Northern Ireland Act 1998 and all the human rights and constitutional protections therein which give effect to the Good Friday Agreement? Will he also confirm, given the Agreement is inviolable as part of a UN recognised international treaty, what action he and the Government have taken, as co-guarantor, to ensure the delivery of the outstanding human rights protections of that Agreement, including the bill of rights?

Charles Flanagan (Laois, Fine Gael)
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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 balance of the settlement is 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 the constitutional status and to human rights.

The human rights provisions of the Agreement are a fundamental pillar of the Agreement and of the peace process overall. In Northern Ireland, the human rights provisions support the confidence and willingness of all communities to participate in the agreed political institutions of the Agreement and ensure that every citizen is guaranteed equal status and equal protection under law.

On 13 February, I convened a sectoral dialogue on human rights under the Good Friday Agreement to hear the views of civil society in this regard. There were participants from the North and the South who all dealt with the possible implications of the withdrawal of the UK for this pivotal chapter of the Agreement on human rights. This was a very 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; the value of a charter of rights for the island of Ireland as referred to in the 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.

As provided for under the Good Friday Agreement, the UK’s Northern Ireland Act 1998 established the Northern Ireland Human Rights Commission and the UK Human Rights Act 1998 incorporated the European Convention on Human Rights into domestic UK law.

I have raised these issues on each occasion I have had the opportunity to do so, most recently in Dublin with the Secretary of State for Northern Ireland in the last couple of weeks.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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We all agree that at the core of the Good Friday Agreement is a commitment to incorporate the European Convention on Human Rights. We must ensure that what has been agreed and voted on by the people of the island North and South is sustained and not in any way diminished as a result of the Brexit negotiations. In particular, we must advocate for the ongoing realisation of the rights of citizens in Northern Ireland. I believe we should use the negotiations we will have on Brexit as part of the European bloc as an opportunity to advocate for the introduction of a bill of rights in the North of Ireland. Will the Government consider taking legal steps, if necessary, to defend the people of Northern Ireland and to ensure that all human rights and constitutional protections within the Good Friday Agreement are protected? It would be an important statement if the Minister would state today that he would go as far as is required to ensure their rights are vindicated and, furthermore, would state that he would support a bill of rights in Northern Ireland.

Charles Flanagan (Laois, Fine Gael)
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The Good Friday Agreement clearly envisages a bill of rights in Northern Ireland and I support the Good Friday Agreement in its entirety. With regard to the peace process, the Deputy will be aware that the Stormont House Agreement provides for regular review meetings with the participation of the Irish Government, the British Government and the Executive party leaders. At the last two review meetings, most recently in December last, I specifically raised outstanding commitments in the Stormont House Agreement, one of which is a bill of rights for Northern Ireland. It is important that these issues be acted on, irrespective of the status of the United Kingdom either in or out of the European Union. My position is clear, namely, that the Good Friday Agreement and the subsequent agreements be honoured and implemented in full. That is reflected in the current programme for partnership Government. These agreements and the principles and values that underpin them are at the core of the Government's approach towards peace, reconciliation and prosperity across the island of Ireland.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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To be honest, the Minister's position is not clear. I asked him if he supports the introduction of a bill of rights in Northern Ireland. He said he supports the Good Friday Agreement, as I do.

Charles Flanagan (Laois, Fine Gael)
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I do.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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That is super. Will he ensure the Irish Government vindicates those rights during the negotiations regarding Brexit? The Minister will recall that last week the Dáil, on foot of a Sinn Féin motion as amended by Fianna Fáil, called on the Government to seek special status for Northern Ireland as part of its negotiations with Europe and as part of the European bloc's negotiations with Britain. I believe this is an opportunity to push for a bill of rights, be it island-wide to incorporate Northern Ireland or specifically for Northern Ireland. If the Government believes that any aspect of the Good Friday Agreement is being threatened during the course of those negotiations, will it take every step available, including legal action, to ensure that does not happen?

Charles Flanagan (Laois, Fine Gael)
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I have made it abundantly clear on numerous occasions, as has the Taoiseach, that we stand fully behind all aspects of the Good Friday Agreement. In fact, I have just arrived to the House after a constructive and positive meeting with my colleague, Jean-Marc Ayrault, the French Minister of Foreign Affairs. In a press conference he specifically referred to the Good Friday Agreement and its importance in the context of the withdrawal of the UK from the European Union. The answer to the Deputy's question is "Yes". It is imperative for all parties to the negotiations with the UK, which will begin later in the spring, to fully appreciate and acknowledge the unique and special circumstances surrounding Northern Ireland and to factor that into the negotiations in a way that ensures there is no disruption or change to the Good Friday Agreement and, with specific reference to the Border, that ensures we maintain the current open Border status. I am satisfied that is understood not only by my French colleague, who made very positive comments in that regard today, but also by each of the 25 other EU Foreign Ministers I have had the opportunity to speak to directly over the last number of months.