Michael McGrath (Cork South Central, Fianna Fail)
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42. To ask the Minister for Justice and Equality the legal basis of the common travel area between Ireland and the United Kingdom and its relationship with EU law; and if she will make a statement on the matter. [5106/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Common Travel Area has been in existence since Irish independence and has its origin in the close historic relationship between Ireland and the UK. While not addressed in a discrete piece of legislation, or one formal agreement, both jurisdictions have made administrative and legal provisions over many years as necessary to give effect to its operation. Of particular note, insofar as Irish legislation is concerned, are the long-standing provisions in Irish law whereby UK nationals are not treated as 'aliens' or 'non-nationals' for the purposes of immigration law (most recently provided for in the Immigration Act 1999 and the Aliens (Amendment (No.2) Order 1999), as well as the provisions governing the exercise of entry controls whereby an Irish immigration officer can refuse permission to enter the State to a non-national if the immigration officer is satisfied that the person intends to travel (whether immediately or not) to Great Britain or Northern Ireland and would not qualify for admission there if he or she arrived there from a place other than the State (section 4 (3) (h) of the Immigration Act 2004). Also of note are the provisions both jurisdictions made following Ireland's exit from the Commonwealth in 1948 which facilitated the continued enjoyment of reciprocal rights and privileges for citizens of both jurisdictions.

As the Deputy will be aware, Protocol 20 to the Treaty on European Union and the Treaty on the Functioning of the European Union recognises that "the UK and Ireland may continue to make arrangements between themselves relating to the movement of persons between their territories (the Common Travel Area)". Operation of the Common Travel Area takes full account of EU law and, while it is Ireland's intention to maintain and enhance cooperation with the UK in relation to general immigration and border enforcement following its exit from the UK, Ireland of course remains a committed member of the European Union and will continue to uphold the right of free movement for all EU citizens after the UK 's departure.