Seanad debates

Wednesday, 3 April 2019

Nithe i dtosach suíonna - Commencement Matters

Northern Ireland

10:30 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein)
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Cuirim fáilte roimh an Aire Stáit. I thank her for being here and appreciate her attendance at this very busy time. I am glad that she has come to take my Commencement matter.

Let me outline what moved me to ask this question again. I have raised it consistently since I entered the House. I am sure the Minister of State and her officials in the Department of Foreign Affairs and Trade have been alert to the mobilisation on social media on the concerns of Irish citizens living in the North. What we are seeing play out is Brexit exposing not just the negativity but also the anomalies and issues that need to be addressed for Irish citizens resident in the North. The reality is as follows.

As we all know, the Good Friday Agreement is an internationally binding agreement between two sovereign states. It confers, as a birth right, both Irish citizenship and British citizenship or everyone born in the North. That assertion has never been codified in British law and to the extent that is necessary in domestic law in this State. All of the anomalies have come into sharper exposure as a result of Brexit. It is obvious that people are concerned and will mobilise. They are offended, hurt and worried as a result of our failure to deal, both legislatively and legally, with this firm commitment that was made 21 years ago. Given the threats posed by Brexit and in a climate in which we have already lost our right to vote in European elections and to representation in EU institutions, as well as access to various EU institutions such as the European Court of Justice, it leaves people not only deeply exposed and worried but also creates a tiered level of citizenship. It creates inequality and goes against the core and heart of the Good Friday Agreement because we will have citizens resident on these islands who will have at various levels rights and entitlements and access to European mechanisms and institutions.

That is an important point to make and I will listen intently to what the Minister of State has to say because it is crunch time and the Government must address these issues. The UK Minister of State for Immigration, Ms Caroline Nokes, brazenly stated, in contradiction of the Good Friday Agreement, that as a matter of law everyone born in the North was a British citizen. Not only does her comment run contrary to the spirit of the Good Friday Agreement, it also runs contrary to it in word and letter. I ask colleagues to take one minute to think about how that makes people feel. We do not derive our Irishness from our passport or even the Good Friday Agreement but from being Irish. 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 and that people's identity, allegiances and rights would all be respected. It is now clear in the already calamitous environment created by Brexit that these important core aspects of the Good Friday Agreement are not being lived up to or fulfilled. I do not think we will hear the end of the matter until it is resolved.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I thank the Senator for raising this issue. He is right that it has been raised with me directly and indirectly via social media and otherwise. It has also been raised with the Minister.

Ensuring both the citizenship and identity provisions of the Good Friday Agreement are upheld in all relevant areas is vitally important. It is something on which the Government and I are continuing to engage intensively. The Government has noted the update on UK immigration rules announced on 7 March, as the Senator outlined, to give effect to the UK settled status scheme and the letter from the UK Minister of State for Immigration, Ms Caroline Nokes, MP, on 5 February. We are all fully aware, including the Government, of the concerns the statements made raise for Irish citizens living in Northern Ireland, particularly, as the Senator outlined, given the uncertainty surrounding Brexit. It is important to be clear that the statements in no way change the current position - the EU citizenship of Irish citizens living in Northern Ireland will continue in all circumstances.As EU citizens, they will continue to enjoy the right to live and work throughout the European Union, as well as the right not to be discriminated against on the grounds of nationality. It is very important that we return to the words of the Good Friday Agreement. It "recognises the birth right of all of the people of Northern Ireland to identify and be accepted as Irish or British or both, as they may so choose". Accordingly, it is confirmed in the agreement "that their right to hold both British and Irish citizenship is accepted by both Governments".

Last December the Tánaiste wrote to the Secretary of State for Northern Ireland to raise the case of Ms Emma DeSouza, the concerns related to the identity and citizenship provisions of the Good Friday Agreement and suggest a review of the issues and questions which have been raised not just in recent weeks but for some time, as the Senator outlined. Following this engagement, the Government noted and welcomed the fact that the Prime Minister had acknowledged in her recent speech in Belfast on 5 February that there had been serious concerns raised about how UK immigration rules treated citizens exercising their right under the Good Friday Agreement to be Irish. The British Prime Minister affirmed that "the birth right to identify and be accepted as British, Irish or both" and the right to hold both British and Irish citizenship were absolutely central to the agreement. She said she had asked the Home Secretary and the Secretary of State for Northern Ireland to urgently review the issues surrounding citizenship to deliver a long-term solution consistent with the letter and the spirit of the agreement. They were welcome commitments and acknowledgements by the Prime Minister. The Government and our colleagues in the North are now actively seeking the outcome of the review announced by the Prime Minister in February.

There is clearly a need for the UK Government to provide an assurance for everyone living in Northern Ireland that the citizenship and identity provisions in the Good Friday Agreement are being fully taken account of in all policy areas, regardless of the United Kingdom's approach to exiting the European Union. The Government also fully recognises the importance of access to EU programmes for Irish citizens and, therefore, EU citizens living in Northern Ireland. We are continuing to work to find ways by which they can be protected, consistent with the provisions of the Good Friday Agreement. I repeat that this is irrespective of the approach being taken by the United Kingdom to exiting the European Union and whether we have a deal. Obviously, we would prefer to have a deal scenario. The protocol expressly confirms that Irish citizens living in Northern Ireland "will continue to enjoy, exercise and have access to rights, opportunities and benefits" that come with EU citizenship. Access to specific programmes is to be addressed during the period of transition and in the overall context of the future relationship.

We are ready for a no-deal exit by the United Kingdom and have actively been exploring ways by which we can protect continued access to EU entitlements for Irish citizens living in Northern Ireland, wherever possible. In any scenario the Government, the Tánaiste and I will continue to engage with the UK Government to ensure the important citizenship and identity provisions of the Good Friday Agreement will be upheld in all relevant policy areas.

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein)
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I do not want to make the Minister of State's life any more difficult than it is. While I understand and appreciate this is a complex issue and a trying time for the Government, this is really high-wire stuff. With the greatest of respect, the answer the Minister of State has given me is, more or less, the one I have been hearing for the past two years about this process. What we are not yet seeing is a resolution of the issue. While I fully understand and appreciate that the main responsibility for dealing with it rests with the British Government, inside our passports, it is stated the Minister for Foreign Affairs and Trade is responsible for us. People need to hear these words, but they also need to see them being translated into action by the Government. There must be pressure from this state and our colleagues in the European Union. The British Government must be told that it will be in breach of the Good Friday Agreement if it does not codify in law what is expressed within it. Potentially, this issue affects 1.8 million people. It will not affect everyone as there are those who are content with their British citizenship and identity in the North. Fair play to them; I fully support and respect that right. However, an increasing number in the North, rightly and understandably, are demanding that their rights under the Good Friday Agreement be asserted and legislated for.

The Minister of State mentioned the speech made by the British Prime Minister on 5 February in which she outlined a review of these issues. We have heard no more about it since. Actually, what we have heard is the statement made by Ms Caroline Nokes, MP, on 7 March, that, as a matter of law, that we are all British. From 5 February to 7 March, that was the British Government's approach. We need to ensure we will up our game and that citizens, particularly those living in the North and those who will be affected the most, will see action by the Government because the situation is so precarious. I know that the Minister of State appreciates and understands this, but we need to start to see those words being translated into legal, actionable and tangible works.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I take on board and understand the Senator's concerns. Many are concerned by statments made more recently since the Prime Minister's speech. I reaffirm the commitment made by her that the birth right to identity and to be accepted as British, Irish or both, and the right to hold both British and Irish citizenship are absolutely central to the Good Friday Agreement. We absolutely intend to ensure the Prime Minister will uphold that commitment. What we would like to see is the outcome of the review which was announced and for which the Tánaiste has specifically asked. Whether it is in the overall negotiations or in our engagement with our EU and UK colleagues, we are stressing that in any scenario, whether it be a deal or a no-deal scenario - we are working towards having a deal in order that we can work towards having a future relationship - there must be a transition period to work out some of the more complex issues such as the rights of and access for citizens of Northern Ireland if they choose and wish to exercise them. In any scenario in the United Kingdom's exit from the European Union the obligations and commitments of the Irish and UK Governments under the Good Friday Agreement must remain. The rights and entitlements of Irish citizens in the context of not only their identity but also citizenship must be upheld. We will do everything in our power to ensure that will happen.

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein)
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For the Government, does that ultimately mean legislative codification?

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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I cannot allow the Senator to ask another supplementary question. He will have to have that chat with the Minister of State on the side.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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What we need to see is an update from the Prime Minister on the review. We will then take it from there.