Michael McGrath (Cork South Central, Fianna Fail)
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55. To ask the Minister for Justice and Equality the possible impact on Ireland’s opt-out from the Schengen Agreement when Britain completes its departure from the European Union; and if she will make a statement on the matter. [19013/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Schengen 'acquis' is derived from the 1990 Schengen Convention to implement the 1985 Schengen Agreement. It allows for the abolition of internal border controls between the participating countries. It also includes provisions on a common policy on the temporary entry of persons, the harmonisation of external border controls, and cross-border police and judicial co-operation.

The relevant Protocol to the Treaty of Amsterdam in 1997 recognised the fact that Ireland and the United Kingdom were not parties to the original Schengen Agreement and made provision to allow those Member States to accept some or all of its provisions.

Council Decision 2002/192/EC adopted by the Justice and Home Affairs Council on 28 February 2002, provided a basis for the partial implementation of the Schengen acquis in Ireland and remains in force.

Ireland has not applied to participate in those aspects of the Schengen acquis that provide for the abolition of internal border checks.

Ireland’s participation in and right to ‘opt-out’ from the Schengen acquis is explicitly guaranteed by the 2009 Treaty of Lisbon.

Article 5 to Protocol (No 19) to the Lisbon Treaty provides that Ireland is deemed to be in any measures which build on those parts of the Schengen acquis in which it already participates unless, within three months of the publication of the proposal or initiative, it notifies the Council that it does not wish to take part in the measure.

It is Government policy to maintain the Common Travel Area with the UK and there is no proposal by any party to change Ireland's opt-out of the Schengen border arrangements.