John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I do not propose to accept these amendments. Section 2 of the Bill does not remove the right of British citizens resident in the State to vote at elections to the European Parliament. Those rights are contingent on their continued citizenship of the European Union as set out in the treaties.

I must confess that I got my European judgments mixed up. The judgment we are referencing in this debate, Kingdom of Spain v. United Kingdom of Great Britain and Northern Ireland, was made at a time when the language in the treaty, as Senator Higgins mentioned, referred to the peoples of the European Union. The Lisbon treaty changed that language, subtly but comprehensively, by introducing the term "citizens of the [European] Union". The issue in respect of Commonwealth citizens related to another judgment.

I am told there are approximately 50,000 UK citizens on the electoral register in Ireland at present.If the UK legally withdraws from the Union, then British citizens will no longer have a right to vote in elections to the European Parliament from the date of withdrawal and will no longer be included on the register of European electors, although they will still be on our register of electors with the letter D preceding their name. If the UK remains in the Union, then British citizens resident in the State will be treated in the same manner as citizens from other member states in the context of the register of European electors. This section seeks to remove the current difference of treatment that exists between British citizens and citizens of other EU member states under Irish electoral law.

Furthermore, the register of electors has already been compiled for 2019-2020 under the current law and that register entered into force on 15 February last. It is not proposed to amend the register until the next formal review commences for the 2020-2021 electoral register.