Seanad debates

Thursday, 3 December 2020

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage

 

9:30 am

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I welcome the legislation in its attempts to ground us in some certainty in these nebulous times as we face the onset of Brexit and all that the next few months will present. In particular, I commend the attempts to protect the important spirit of the Good Friday Agreement of 1998 and to mitigate, where practicable, the potential disturbance caused by the withdrawal of the United Kingdom from the European Union. I also commend the Bill on its objectives to reduce the possibility of a serious disturbance in the economy and in the sound functioning of a number of markets, sectors and fields in the State as a result of that withdrawal. I further commend the attempts to make exceptional provision for the reimbursement by the Health Service Executive to eligible persons resident in the North of Ireland of certain medical expenses incurred by a member state.

I, along with other Senators, have noted a few areas in the Bill that demand scrutiny and have tabled amendments. It is not possible to speak to them all but I will speak to two Parts in particular, namely, Part 18, on international protections dealt with between sections 110 and 118, inclusive, and Part 19, which concerns recognition of certain divorces, legal separations and marriage annulments dealt with in sections 118 to 121, inclusive.

The Bill provides for amendments to current international protection legislation and aims to address the circumstances that may arise if the transition period expires without a relevant agreement on this issue having been reached between the UK and the EU. This highlights the importance of respecting civil liberties, on which I fear this Part falls short. I wish to amend the section before us, which refers to the International Protection Act 2015, to refer instead to "the Act of 2020", meaning the Emergency Measures in the Public Interest (Covid-19) Act 2020, which will then oppose sections 116 to 118, inclusive. The 2015 Act would not provide adequate protection to a person outside his or her home country who was unable to return without risk.

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