Stephen Donnelly (Wicklow, Fianna Fail)
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85. To ask the Tánaiste and Minister for Justice and Equality the details of the rights of Irish and UK citizens to date in 2017, by country, further to recent statements on reciprocity of rights; and if it is the Government's position to maintain all of these rights. [30851/17]

Charles Flanagan (Laois, 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 my Department's role is concerned are 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), and as such require no special permission to enter or reside in the State.

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. These citizens' rights include the ability of Irish and British citizens to live, work, study, access health, housing welfare, pensions and social welfare supports in each other's country, as well as certain voting rights. The specific details of such arrangements are matters for my colleagues across Government, or the UK government as applicable.

Both the Irish and UK Governments have been very clear that the retention of the Common Travel Area and its associated reciprocal rights is a priority following the departure of the UK from the EU.  Analysis by the Irish authorities has not identified any obvious legal barrier to the Common Travel Area being maintained bilaterally in a manner consistent with Ireland's EU obligations.

The Article 50 Negotiating Directives include welcome provisions along these lines and the Common Travel Area is specifically referenced as follows "Existing bilateral agreements and arrangements between Ireland and the UK, such as the Common Travel Area, which are in conformity with EU law, should be recognised".

Ireland will continue to fully uphold our EU obligations. Ireland will also advocate in the Article 50 negotiations for a strong and united EU position on safeguarding the rights of EU nationals and their family members.