Brendan Smith (Cavan-Monaghan, Fianna Fail)
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183. To ask the Minister for Foreign Affairs and Trade the outcome of discussions he has had with the British Foreign Secretary in relation to the need for any post-Article 50 agreement between Britain and the European Union to provide for a human rights Act, which is a central element of the Good Friday Agreement. [5547/17]

Charles Flanagan (Laois, Fine Gael)
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The protection of human rights in Northern Ireland law, including through the incorporation of the European Convention on Human Rights, is one of the key principles underpinning the Good Friday Agreement.It should be noted that the European Convention on Human Rights (ECHR) is separate and distinct to the European Union. The UK’s decision to leave the EU has no impact on its obligations under the ECHR. Even after the UK leaves the EU, there will be a continuing obligation on the British Government to incorporate the European Convention on Human Rights into Northern Ireland law, as provided for in the Good Friday Agreement.

The Irish and British Governments have a clear and continuing obligation to uphold all of the provisions of the Good Friday Agreement. In the crucial area of human rights it is important that both Governments do all they can to engender confidence by demonstrating their commitment to both the letter and spirit of the Agreement.

The Government has underlined this obligation in the context of British Government proposals, not connected with Brexit, to repeal the UK Human Rights Act, which incorporates the ECHR into domestic law, and to introduce a domestic Bill of Rights. The Government has stressed to the British Government the importance of fully meeting its human rights obligations under the Good Friday Agreement and will continue to monitor the situation closely.

I raised the matter directly with the Secretary of State for Northern Ireland, James Brokenshire, at a meeting in September. 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. In this context, I would note that while a domestic Bill of Rights can complement incorporation of the Convention, it does not replace it.

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. In this regard, as part of the All-Island Civic Dialogue, I have convened a sectoral civic dialogue on Human Rights under the Good Friday Agreement on 13 February, to hear from those directly involved in work that relies on the human rights frameworks and protections of the Agreement.

Human rights are central to the peace process and must be protected and sustained, regardless of the UK’s status in the EU. The Government 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. This includes the continued incorporation of the European Convention on Human Rights in Northern Ireland law as provided for in the Good Friday Agreement.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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184. To ask the Minister for Foreign Affairs and Trade the outcome of discussions he has had with the British Foreign Secretary in relation to access to the Court of Justice of the European Union and other guarantees of fundamental rights that underpin the Good Friday Agreement in any post-Article 50 agreement between Britain and the EU. [5548/17]

Charles Flanagan (Laois, Fine Gael)
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The UK’s decision to leave the European Union did not change the status of the Good Friday Agreement nor did it alter the existing legal and political obligations of both the Irish and British Governments under the Agreement as they relate to human rights. Specifically, the continuing obligation of the British Government to incorporate the European Convention on Human Rights into Northern Ireland law was unaffected by the outcome of the UK referendum.

The EU-UK negotiations have not yet begun. When these negotiations start, the Government will pursue, together with our EU partners, an outcome that protects our headline priorities and Ireland’s fundamental interests, including in relation to Northern Ireland and the peace process. We are not under any illusions about the challenge and complexity of these negotiations and are engaged in detailed planning to prepare for them.

The Irish and British Governments are agreed that the Good Friday Agreement is and will remain the foundation for cooperation between both Governments on Northern Ireland. This was re-affirmed in the Taoiseach’s meeting with Prime Minister May on 30 January. The two Governments are agreed that all aspects of the Agreement will need to be upheld throughout the UK’s exit process, and in the final arrangements between the United Kingdom and the EU. As a co-guarantor of the Good Friday Agreement, the Government is determined that all aspects of the Agreement – including its provisions on Rights, Safeguards and Equality of Opportunity – are fully protected under any new relationship between the EU and the UK.

As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles. In this regard, as part of the All-Island Civic Dialogue, I have convened a sectoral civic dialogue on Human Rights under the Good Friday Agreement on 13 February, to hear from those directly involved in work that relies on the human rights frameworks and protections of the Agreement.