Micheál Martin (Cork South Central, Fianna Fail)
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327. To ask the Minister for Foreign Affairs and Trade if he has discussed the Charter of Fundamental Rights with other EU leaders, including the British Foreign Secretary and its implications for the citizens of Northern Ireland following Brexit. [21841/17]

Charles Flanagan (Laois, Fine Gael)
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The Good Friday Agreement is the indispensable foundation for all Government engagement on Northern Ireland. As a co-guarantor of the Good Friday Agreement, the Government’s focus and responsibility is to ensure that all aspects of the Agreement are fully respected in the context of the UK’s withdrawal from the European Union.

Human rights protections form a vital part of the institutional underpinning for the peace settlement. There is a very specific framework of human rights protections under the Good Friday Agreement, and the protection of human rights in Northern Ireland - including through the incorporation of the European Convention on Human Rights (ECHR) - is one of the key principles of the Agreement.

In Northern Ireland, the human rights provisions of the Agreement support the confidence and willingness of all communities to participate in the agreed political institutions of the Agreement and ensure that every citizen is guaranteed equal status and equal protection under law.

The UK’s decision to leave the EU has no impact on its obligations under the Good Friday Agreement or the ECHR. 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.

In its White Paper on legislating for withdrawal from the EU, the British Government has indicated that the provisions of the EU Charter of Fundamental Rights will not be applied as part of British law after it leaves the European Union, but that the removal of the Charter from UK law will not affect the substantive rights that individuals already benefit from in the UK.

A range of significant rights and equality protections are, in practice, given effect through EU regulations and directives, such as in the area of employment law and equality rights, as well as being enshrined in the EU Charter of Fundamental Rights. Consequently, the departure of the UK from the EU will have a significant impact on the human rights landscape in Northern Ireland.

The changes in Northern Ireland law flowing from the UK’s departure from the European Union will require careful consideration, including to ensure that the vital human rights provisions of the Good Friday Agreement are not disturbed.

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, including:

- The importance of upholding the Good Friday Agreement chapter on rights, safeguards and equality of opportunity, as an integral part of the Agreement as a whole.

- The value of a Bill of Rights for Northern Ireland as referred to in the Good Friday Agreement, in mitigating some of the potential impacts of Brexit for Northern Ireland.

- The value of a Charter of Rights for the island of Ireland as referred to in the Good Friday Agreement. This would also support the provision in the Agreement on equivalence of rights on the island.

Each of these themes demonstrate that human rights are central to the peace process and must be protected and sustained, regardless of the UK’s future relationship with the European Union.

On 14 February, I held a bilateral meeting in Dublin with the Secretary of State for Northern Ireland. I reminded the Secretary of State of the unique circumstances that pertain to Northern Ireland, given the political and constitutional settlement of the Good Friday Agreement. In this regard, I noted to the Secretary of State the range of issues raised in the Sectoral Dialogue on the human rights provisions of the Good Friday Agreement. I also emphasised to the Secretary of State the duty on both Governments to ensure the integrity of the Agreement in this and all other aspects, whatever the UK’s future relationship with the European Union.

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. 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.

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.

The Government will also ensure that all aspects of the Good Friday Agreement are respected in the EU-UK negotiations, and continue to be proactive in working to mitigate all impacts of Brexit on the island of Ireland, consulting and working closely with civil society, North and South.