Brendan Smith (Cavan-Monaghan, Fianna Fail)
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30. To ask the Minister for Foreign Affairs and Trade the outcome of discussions to date with the British Foreign Secretary and with the Secretary of State for Northern Ireland in respect of the need for a post-Article 50 agreement between Britain and the European Union to provide for a human rights Act, which is a central element of the Good Friday Agreement; and if he will make a statement on the matter. [18253/17]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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53. To ask the Minister for Foreign Affairs and Trade the outcome of discussions with the British Foreign Secretary and with the Secretary of State for Northern Ireland in respect of access to the Court of Justice of the European Union and other guarantees of fundamental rights that underpin the Good Friday Agreement in any post-Article 50 agreement between Britain and the European Union; and if he will make a statement on the matter. [18254/17]

Seán Haughey (Dublin Bay North, Fianna Fail)
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64. To ask the Minister for Foreign Affairs and Trade the actions he has taken and is taking to ensure that citizens in Northern Ireland will maintain their rights under the European Court of Human Rights and Good Friday Agreement. [16721/17]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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It is absolutely essential that the British Government honours all its commitments on human rights, as provided for under the Good Friday Agreement. The outcome of Brexit must in no way diminish those commitments. The Minister, together with the Taoiseach and other members of the Government, have clearly stated that they have received some commitments. Can he outline what commitments have been sought and what clear answers have been given by the British Government?

Charles Flanagan (Laois, Fine Gael)
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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.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister for his positive response and his own personal commitment to safeguarding those provisions in the Good Friday Agreement. I am glad he referred to paragraph 10 of the Good Friday Agreement's section on rights, safeguards and equality of opportunity. The specific provision provides for a joint committee of representatives of the two human rights commissions, North and South, as a forum for consideration of human rights issues on the island of Ireland. The joint committee will consider, among other matters, the possibility of establishing a charter open to signature by all democratic political parties, reflecting and endorsing agreed measures for the protection of fundamental rights for everyone living on the island.

That was a positive measure in the Good Friday Agreement and we can now see how important it was to have it there. What consideration is being given at present to putting in place such a structure to ensure that we will have this safeguard measure on an all-island basis?

Charles Flanagan (Laois, Fine Gael)
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I assure the House and the Deputy that the Government is a firm supporter of the Charter of Fundamental Rights, but the Good Friday Agreement predates that charter and does not expressly provide for it. That said, the charter provides an important and effective common reference on rights across the island of Ireland, as it does across the EU as a whole.

I wish to refer again to the White Paper on legislating for the withdrawal of the UK from the EU. The British Government expressly indicated that the provisions of the EU Charter of Fundamental Rights in Northern Ireland will not be applied as part of British law after the UK leaves the EU. This may require that a consideration may be given to alternative means of ensuring the coherence of rights frameworks across the island of Ireland. This was a key theme of the sectoral dialogue in Maynooth and I am pleased that the Deputy's party was represented at that conference. The value of a charter of rights for the island of Ireland, as referred to in the Good Friday Agreement, would also support the provision in the agreement on the matter of equivalence of rights across the island.

My priority at all times is to ensure that all aspects of the Good Friday Agreement are respected, not only here but also in the context of the UK-EU negotiations. It is an issue that forms part of the current talks in Northern Ireland that will hopefully result in a successful restoration of the power-sharing Executive and its institutions. We will continue to be proactive in working to mitigate all aspects of the withdrawal of the UK from the EU across the island of Ireland.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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We are all well aware that since 1998, the Westminster Parliament has made no progress in preparing a bill of rights for the North. I presume that a bill of rights would be essential if we were to have the all-Ireland charter that is necessary post Brexit. Is the Minister concerned that in the new arrangements and architecture that will arise, there will be an interregnum whereby these safeguarding and human rights measures will not be in place? We must ensure there is no such interregnum or lacuna.

3 o’clock

Obviously, a difficult situation would emerge if the new structures were not in place at the time Brexit actually happens.

Charles Flanagan (Laois, Fine Gael)
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The Deputy makes a very important point. I assure him, and the House, that human rights provisions comprise a very important pillar of the Good Friday Agreement. It is essential, therefore, that human rights protections and frameworks in the Good Friday Agreement are not, in any way, adversely impacted upon or disturbed by any changes that might take place due to the withdrawal of the UK from the European Union. In that regard I need to stress that the UK has confirmed that it has no plans to leave the European Convention on Human Rights, which is at the core of the human rights pillar of the Good Friday Agreement. Essentially, while the legal obligations provided for under the Agreement in respect of human rights remain unchanged, the UK's departure from the Union changes the context in which those obligations operate. There will need to be an element of work undertaken to ensure that nothing adversely affects the human rights guarantees in the Good Friday Agreement and that the confidence and trust of all sides of the community in Northern Ireland is not in any way adversely impacted upon.

I assure the Deputy that we will continue to raise this issue. I have raised it across a number of ministerial meetings that I had with both the current Secretary of State, James Brokenshire, and his predecessors and on occasion with other ministers. My colleague, the Tánaiste and Minister for Justice and Equality, has also raised this issue. As far as I am concerned it is absolutely essential that the human rights protections as expressed in the Good Friday Agreement be fully honoured, maintained and sustained into the future.

Eugene Murphy (Roscommon-Galway, Fianna Fail)
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The next Member present who has tabled a question is Deputy Broughan.