Dáil debates

Tuesday, 16 April 2019

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Good Friday Agreement

5:05 pm

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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49. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the ongoing difficulties being faced by Irish citizens in Northern Ireland in asserting their Irish citizenship and that in certain cases Irish citizens are being forced to renounce British citizenship even though they are not and have not claimed to be British citizens; the steps he is taking to ensure that the British Government fully upholds the Good Friday Agreement in all its parts, including those relating to citizenship; and if he will make a statement on the matter. [17697/19]

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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I tabled this question because I am deeply concerned about the rights of Irish citizens, particularly those living in the North. Time and again, we have seen attempts by the British Government to row back on provisions of the Good Friday Agreement and subsequent agreements. Citizens in the North are angry and frustrated that we have celebrated the 21st anniversary of the Good Friday Agreement and it has not yet been implemented in full. Has the Tánaiste raised these issues with his British counterpart and will he update the House on developments?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I thank the Deputy for giving me the opportunity to address this issue because I know there has been a lot of online activity in regard to these concerns in recent weeks.

The Government is committed to ensuring that the vital citizenship and identity provisions of the Good Friday Agreement are respected and upheld in all relevant policy areas.

I am fully aware of the concerns that recent statements by the UK Government raise for Irish citizens in Northern Ireland, particularly given the uncertainty linked to Brexit. It is important to clarify that these statements in no way change the position that Irish citizens in Northern Ireland continue to be EU citizens in all circumstances.

In the Good Friday Agreement, the Governments "recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both" and "confirm that their right to hold both British and Irish citizenship is accepted by both Governments." The Good Friday Agreement therefore includes an explicit right to both Irish and British citizenship and an explicit right of people to identify and be accepted as Irish or British or both. These rights must be fully respected and taken account of in all relevant circumstances. The Good Friday Agreement was agreed at a time when both Irish and British citizenships also entailed EU citizenship. After the UK exits the EU, this will no longer be the case. In order to fully uphold the spirit of the Agreement, where issues arise they should be addressed in a way that avoids any difference in entitlements based on citizenship. In particular, people in Northern Ireland should not be required to renounce Irish or British citizenship in order to access an entitlement.

This question has specifically arisen in relation to immigration rules. Last December, I wrote to the Secretary of State for Northern Ireland to raise the case of Ms Emma De Souza, with whom the Deputy will be familiar, and the concerns in regard to the citizenship and identity provisions of the Good Friday Agreement and to ask for a review of the issues. In February, the British Prime Minister acknowledged the serious concerns in this area and pledged to "review the issues around citizenship urgently to deliver a long term solution consistent with the letter and spirit" of the agreement.

The Government is now actively seeking the outcome of that review.

5:15 pm

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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As we know, the Good Friday Agreement is an internationally binding agreement between two sovereign states. As the Tánaiste said, it recognises the "birthright" of the people of Northern Ireland to choose to hold Irish citizenship, British citizenship or both. Emma DeSouza, who is a citizen's rights campaigner from Derry, published material earlier this month which shows that the British Government has changed the definition of "European Economic Area national" in its updated immigration laws. This fundamentally undermines the rights provided for in the Good Friday Agreement. Irish citizens are angry that the specific provisions they were promised regarding their rights in the North are not being delivered. Does the Tánaiste accept that the current situation is leaving people deeply exposed and worried and is creating a tiered level of citizenship? The Tánaiste has said that the Irish Government, as a co-signatory, is aware of the concerns that exist in this regard and is fully committed to alleviating them. What is the next step for the Government in relation to this matter? The Tánaiste has said that Irish citizens in Northern Ireland will continue to enjoy EU citizenship. What rights are they losing as a result of what is happening?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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From the start of the Brexit discussions, we have been working to ensure Irish and British citizens in Northern Ireland will continue to be able to access the rights and privileges that come with EU citizenship. Irish citizens in Northern Ireland are EU citizens, just like Deputy Crowe and me. They will not be resident in the EU, however. Obviously, this poses obvious challenges. The Deputy asked about the rights associated with EU citizenship. We have been working on certain EU programmes and benefits, notably the EU health insurance card, in this context. When EU citizens travel across the EU, they have health insurance cover. We are working to extend this right to Northern Ireland and we will ensure this happens. That will involve passing legislation here. If necessary, the Irish Government will pay for citizens in Northern Ireland to be able to avail of that insurance cover in the same way as EU citizens. Likewise, we want to make sure students in Northern Ireland can continue to benefit from accessing universities across the EU under the Erasmus programmes. We are working to make sure the practical benefits that come with EU citizenship continue to apply to people in Northern Ireland. If necessary, we will fund that to make sure it is paid for as part of the package that will be necessary in the cases of the EU health insurance card and Erasmus.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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After centuries of conflict, the Good Friday Agreement indicated to the world on a legal basis that we had created a path out of conflict which involved upholding and respecting people's identity, allegiances and rights. The worry is that this aspect of the agreement is dissipating in front of our eyes. There are significant concerns about the rights of citizens' partners. What is the Government's view on that? What can it do? The Tánaiste has spoken about the provision of funding to some extent to uphold citizens' rights. Are there other measures that the Government intends to take in respect of this matter?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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We are trying to ensure that where necessary, we ask for the British Government to review its approach towards immigration issues. When asked for that, the British Prime Minister responded positively. We have not yet seen the result of that review. I expect we will see it shortly. It is a matter for the British Government. We expect that the British Government will follow through on both the language and spirit of the Good Friday Agreement by ensuring there are no consequences or disadvantages for people when they choose to be Irish or British, or both, in the context of who they are and where they come from in Northern Ireland. I think that is important. I expect that the British Government will respond to that, just like we need to. That is why the Good Friday Agreement has become such a central part of the Brexit negotiations and discussions. We are seeking to ensure that being Irish means one enjoys the rights and privileges of EU citizenship, regardless of whether one is north or south of the Border on this island. Regardless of whether it costs money, in these negotiations we will continue to prioritise the actual recognition of those rights to ensure they can be enjoyed.