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Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: There is nothing to stop anybody reviewing any legislation, and that is true of this Bill too. As I said earlier, I am hopeful that even if we do pass this legislation I will never have to commence the provisions in regard to the Department of Employment Affairs and Social Protection, in particular section 11. Section 12 is different in that it is outside the scope of the convention.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: On my own behalf and on behalf of my staff, I thank Deputy Carey for his compliments. The payments covered include the State pension (contributory), carer's benefit, health and safety benefit, illness benefit, treatment benefit, adoptive benefit, maternity benefit, paternity benefit, invalidity pension, partial capacity benefit, widow's, widower's and surviving civil partner's contributory...

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: The convention provides for it.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: It is irrelevant.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: The convention does exactly what the Senator has suggested we should have done a long time ago.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: None.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: The Senator is correct that we took a lot for granted over many years in terms of the common travel area arrangements. It is not until one seeks out the legal underpinning for this area that one realises it came up short. We have signed the convention and, hopefully, it will be ratified here in the next couple of days. I will briefly outline what happens in the UK. We both signed the...

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: I will decline to comment on the last matter because it is not my business to comment on what laws are passed in the United Kingdom regarding its sovereignty. However, those laws do not relate to Irish people.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: Perhaps that is why it has not given much cause for concern over here. We have the convention of the bilateral arrangement. Regarding the concerns people might have about delay and paperwork, the ambition is that Irish people living in Britain and who are in receipt of an Irish contributory pension or child benefit payment will not notice that it is 30 March at all and that there will be...

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: Agreed.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: It is not going to look any different. It will look exactly the same. We should not have all our eggs in one basket. In an ideal world, where people have common sense, the ratification of the convention that was signed on 1 February would be something we could guarantee will pass. We obviously want it to be ratified. The UK parliament will go through its normal process, involving a...

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: The reason the draft legislation and the legislation published on Friday will look slightly different is that when we were drafting from the heads we discovered that, because the ratification process has been started by other parliaments - it was begun long before we received the heads on 1 February, and we have been developing and detailing the drafts over the past couple of months - I can...

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: Yes. We can extend that until ratification occurs. I expect the UK to have ratified this by 20 March, but for argument's sake - I hate saying things out loud because sometimes they come true - if it does not happen because, for example, everyone gets bird flu and is off for two weeks, and ratification cannot occur until 9 April, this legislation gives me the ability to pass, draft or sign a...

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: There will be no change.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: There will be no change.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: I will describe it, in case I have misunderstood the Senator. Take, for example, an Irish gentleman who has worked for some time in Ireland, in London and in Berlin. When he retires his pension contributions will be an amalgamation of the contributions made in three countries. The Irish system will pay him, and the information will be shared through the social security arrangements we...

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: There will be no difference. Reciprocal arrangements mean that people in different countries will be treated exactly as they would be treated here.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: I am not the head honcho, so I will have to pass the Senator's concerns back, and I will come back to her on it.

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: This miscellaneous Bill is needed because we may potentially be heading towards a no-deal Brexit. Nobody wants a no-deal Brexit, so we are still working incredibly hard to avoid it. If we get a deal, whether on 29 March or some other date later, this particular Bill becomes redundant. A large body of work has been done in this area, but one would almost be saying a novena in the hope it...

Joint Oireachtas Committee on Social Protection: Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Employment Affairs and Social Protection (20 Feb 2019)

Regina Doherty: On the question of assets, the law is as it is today. I am ensuring that the law, if the UK becomes a third country, would not relate to employees. I do not want to be disrespectful to employers from the UK, but the only people I am concerned about are the employees, who would most likely be Irish resident employees of UK companies. The scheme currently does not pay out where there are...

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