Brendan Smith (Cavan-Monaghan, Fianna Fail)
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868. To ask the Minister for Foreign Affairs and Trade if he has had any further discussions with the UK Secretary of State for Northern Ireland or with the British Foreign Secretary on the implications for the working of the European Court of Human Rights and the implementation of the Good Friday Agreement arising from the British decision to leave the European Union; and if he will make a statement on the matter. [26318/16]

Charles Flanagan (Laois, Fine Gael)
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It is important to emphasise that there is no change to the status of the Good Friday Agreement arising from the result of the UK referendum to leave the European Union. The legal and political obligations of both the Irish and British Governments remain unchanged, regardless of the status of the UK within the EU.

As reflected in the Programme for a Partnership Government, the full implementation of the Good Friday Agreement and subsequent agreements, including the 2014 Stormont House and the 2015 Fresh Start Agreement, is a priority for the Government.

I have had a number of discussions with both the Secretary of State for Northern Ireland, James Brokenshire, and the British Foreign Secretary, Boris Johnson, on the UK referendum result. Most recently, I held a detailed discussion on the implications for Northern Ireland of a UK departure from the EU during my bilateral meeting with the Secretary of State Brokenshire, in Dublin on 13 September. At this meeting we both reiterated that the Good Friday Agreement is and will remain the foundation for cooperation between the Irish and British Governments on Northern Ireland. We agreed that all aspects of the Agreement will need to be upheld throughout the exit process, and in the final arrangements between the United Kingdom and the European Union.

I also set out the Government’s priorities, and our views on where further work and engagement will be needed, in respect of Northern Ireland. This includes the maintenance of the open border, and ensuring that the huge benefits of the peace process are not disturbed by a UK exit.

I also discussed the primacy of the Good Friday Agreement in a meeting with Foreign Secretary Johnson, in Brussels on 18 July. I outlined the importance of maintaining and preserving fully the agreed institutional frameworks established under the Agreement, including the North South Ministerial Council and the British Irish Council.

On the question of human rights, the UK remains a party to the European Convention of Human Rights under which the European Court of Human Rights in Strasbourg and the Council of Europe are established. The Convention system is separate and distinct to the European Union, and the referendum result has no impact on the UK’s participation in that system.

The protection of human rights in Northern Ireland law, incorporating the European Convention on Human Rights, is one of the key principles underpinning the Good Friday Agreement. The Good Friday Agreement is clear that there is an obligation to incorporate the European Convention on Human Rights into Northern Ireland law and this is an ongoing legal obligation.

The 2015 Conservative Party manifesto contained a proposal to repeal the UK Human Rights Act - which incorporates the Convention into UK law, including for Northern Ireland - and replace it with a British Bill of Rights. In this regard, the Government has on a number of occasions stressed to the British Government the importance of fully meeting its human rights obligations under the Good Friday Agreement.

On 7 September, the Secretary of State for Justice, Liz Truss, confirmed that the British Government is committed to remaining a party to the European Convention on Human Rights while also pursuing its 2015 manifesto plans to replace the UK Human Rights Act with a British Bill of Rights. I raised this matter with Secretary of State Brokenshire on 13 September, and he confirmed the British Government position that any changes to the UK Human Rights Act, would be made in a way which would be fully consistent with the British Government’s obligations under the Good Friday Agreement.

The Government will continue to monitor the situation closely. As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles, including in the area of human rights. We will continue to work closely with the British Government and the Northern Ireland Executive to ensure that the protection of human rights remains at the heart of civic life, politics and ongoing societal change in Northern Ireland, with the due incorporation of the European Convention of Human Rights as provided for in the Good Friday Agreement.