Seanad debates

Tuesday, 14 December 2021

Nithe i dtosach suíonna - Commencement Matters

Northern Ireland

10:30 am

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail) | Oireachtas source

As Senator Ó Donnghaile rightly said, the Minister for Foreign Affairs is at the Cabinet meeting at the moment, but he has given me a comprehensive response. I thank the Senator for raising this important matter, which is of great concern.

The Minister stated that we are closely monitoring the UK's new Nationality and Borders Bill as it progresses through the legislative process in Westminster. As the Senator will be aware, the Bill was passed in the House of Commons last week and has now proceeded to the House of Lords.

As currently drafted, the Nationality and Borders Bill would amend the UK's Immigration Act 1971 and potentially provide for a change in the UK's immigration rules, which may require that specified categories of individual - to be set down in the rules - have an electronic travel authorisation, ETA, in order to travel to the UK. This may include local journeys to the UK from within the common travel area, CTA, that is, travel from Ireland to Northern Ireland.

It is important to note that, while the Bill provides that the ETA requirement may be introduced, any such requirement would be introduced by way of future amendments to the UK's immigration rules. The UK Government has spoken about the requirement coming into effect by the end of 2024, although this timeframe may be subject to change.

It is also important to note that the Bill provides that the proposed ETA system will not apply to Irish and British citizens. It will continue to be the case that, for journeys on and across the island of Ireland, British and Irish citizens will not require any travel documents. The UK Government has also made clear that there will continue to be no immigration checks on the land Border between Ireland and Northern Ireland.

The Irish Government has several concerns regarding how the proposed ETA requirement, if introduced, would apply in the context of Northern Ireland, particularly regarding non-Irish and non-British nationals making local journeys across the land Border from Ireland into Northern Ireland. As the Senator will be aware, tens of thousands of people, including many non-Irish and non-British nationals living in Ireland, cross the Border every day as they go about their everyday lives visiting friends and family, going to work, studying, shopping and socialising. It is a shared space.

There are also considerations in terms of supply chains and for tourism on an all-island basis, should this proposed legislation impact on any cross-Border movements for non-Irish and non-British nationals. Officials in the Department of Foreign Affairs are therefore engaging with the UK Government to outline these concerns and to seek clarification as to how it is proposed to apply this requirement in Northern Ireland and what changes are intended to be introduced in future immigration rules.

I was privy to a report a couple of weeks ago which explained that 17% of people living in Ireland were not born here, but Ireland is their home. That is almost one in five. This would have a major effect on approximately one in five people who cross the Border on a daily basis for work, education, shopping or whatever else. The officials in the Department are therefore engaging with the UK Government to outline these concerns and to seek clarification as to how it is proposed to apply this requirement in Northern Ireland.

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