Seán Haughey (Dublin Bay North, Fianna Fail)
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95. To ask the Minister for Foreign Affairs and Trade if he will report on the impact of Brexit on protections outlined and agreed in the Good Friday Agreement and its human rights provisions as outlined in the Government's publication, Ireland and the negotiations on the UK's withdrawal from the European Union. [21849/17]

Charles Flanagan (Laois, Fine Gael)
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As a co-guarantor of the Good Friday Agreement, the Government is determined to ensure that all aspects of the Agreement are fully respected through the process of the UK’s withdrawal from the European Union, and thereafter. Our priority is to ensure that the Good Friday Agreement and the overall integrity of the settlement is not in any way disturbed by the UK’s exit from the European Union. All provisions of the Agreement must be respected, including those relating to human rights.

As a result of intensive political and diplomatic engagement by the Government, our EU partners and the EU institutions are fully aware and supportive of the importance of respecting the provisions of the Good Friday Agreement in all its parts and protecting the gains of the peace process. On 29 April the European Council adopted Guidelines for the EU-UK negotiations which include a strong acknowledgment of the unique circumstances of the island of Ireland and explicitly recognise the importance of preserving the achievements, benefits, and commitments of the Good Friday Agreement. This is further strengthened by the statement agreed by the European Council on the same day, acknowledging that the Good Friday Agreement provides for an agreed mechanism whereby a united Ireland may be brought about and that, in accordance with international law, the entire territory of such a united Ireland would thus be part of the European Union. Therefore, the EU approach in the negotiations will be to ensure that the provisions of the Good Friday Agreement will not be negatively impacted by the Article 50 process and the UK’s withdrawal from the EU and that the primacy of the Good Friday Agreement is fully taken into account.

Under the Good Friday Agreement the people of Northern Ireland have the right to identify themselves and be accepted as Irish or British or both. The protection of the unique status of Irish citizens in Northern Ireland is one of the Government’s objectives in the EU-UK negotiations, and importantly this has been explicitly referenced in the EU’s negotiating directives that were adopted by the General Affairs Council on 22 May, which state that “full account should be taken of the fact that Irish citizens residing in Northern Ireland will continue to enjoy rights as EU citizens.”

The withdrawal agreement should therefore contain no impediment to Irish citizens in Northern Ireland accessing programmes and services across the EU to which they are eligible, including those as may be provided for in any arrangements on the future relationship between the EU and the UK.

The protection of human rights in Northern Ireland law, including through the incorporation into law of the European Convention on Human Rights, is one of the key principles underpinning the Good Friday Agreement. It is important to be clear that the European Convention on Human Rights is separate and distinct to the European Union. The UK’s decision to leave the EU has no impact on its obligations under the European Convention on Human Rights. Even after the UK leaves the EU, there remains 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. In this regard, I welcome the clarification in the UK Government’s White Paper on withdrawal from the EU that it has no plans to leave the European Convention on Human Rights.

On 13 February, I convened a Sectoral Dialogue on Human Rights under the Good Friday Agreement to hear the views of civil society, North and South, on the possible implications of Brexit for this pivotal chapter of the Agreement. This was a very valuable exchange and a number of key themes emerged, which have been communicated publicly, and which will inform the Government’s approach in this area. Further detailed work will be needed, with the committed support of all with responsibilities in this area, to ensure that the UK departure from the European Union does not adversely affect the human rights provisions of the Good Friday Agreement.

Finally, I would also note that the avoidance of a hard border on the island of Ireland is a headline priority for the Government in the EU-UK negotiations. As the most tangible symbol of the peace process, the open border is essential to social and economic well-being on both parts of the island and to the further normalisation of relationships, following the difficult decades of the Troubles. The avoidance of a hard border will require flexibility and creativity on the part of both the UK and the EU, and this is acknowledged in the Guidelines agreed by the European Council on 29 April. As provided for in the Guidelines, the EU’s approach will provide for the objective of avoiding a hard border on the island of Ireland, consistent with Ireland’s obligations as an EU Member State and fully respecting EU law.

The inclusion of the specific references to Ireland’s key priorities in the EU negotiating guidelines highlights their acceptance by our EU partners as shared priorities for the European Union in the negotiation process with the UK. We are not under any illusions about the challenge and complexity of these negotiations and have engaged in detailed and ongoing planning in order to prepare for them.

In the forthcoming negotiations, the Government will pursue, together with our EU partners, an outcome that protects our headline priorities and Ireland’s fundamental interests, including to ensure respect for all aspects of the Good Friday Agreement.