Simon Coveney (Cork South Central, Fine Gael)
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Protecting the existing family reunification rights under EU law of EU citizens residing in the UK at the date of entry into force of the EU-UK Withdrawal Agreement is one of the key issues that has been identified by the EU within the context of its wider objective of safeguarding the rights and entitlements of EU citizens resident in the UK. Irish citizens resident in the UK – whether in Northern Ireland or Great Britain – are among those covered by this objective. As set out in the comprehensive document published on 2 May entitled Ireland and the negotiations on the UK’s withdrawal from the European Union, the Government believes that an agreement on the rights of citizens should be wide, ambitious and comprehensive. In particular, the comprehensive document notes that the Government will be alert to any developments which might possibly affect Irish citizens currently living in the UK and UK citizens currently living in the EU and, in particular, their non-EEA family members.I am satisfied that the Guidelines for the negotiations adopted by the European Council (Art. 50) on 29 April and the more detailed negotiating directives agreed by the General Affairs Council (Art. 50) on 22 May fully reflect Ireland’s approach in this regard.

The detail of the EU’s position has been formally conveyed to the UK by way of an essential principles paper, which was published on 12 June and presented in detail to the UK side during the first round of negotiations on 19 June. In particular, Section II (c) of the EU’s paper states that the scope of the Withdrawal Agreement should extend to“the family members of [EU27 citizens who reside or have resided in the UK at the date of entry into force of the Withdrawal Agreement] regardless of their nationality, as covered by Directive 2004/38, who have joined or will join the holder of the right at any point in time after the date of entry into force of the Withdrawal Agreement [i.e. current and future family members]”.

The UK Government subsequently published its approach to the issue in a paper entitled Safeguarding the position of EU citizens in the UK and UK nationals in the EUand discussions between the EU and the UK have taken place on this issue throughout the three rounds of negotiations that have taken place to date.

After rounds 2 and 3 of the negotiations on citizens’ rights, the EU and the UK issued a joint technical note, which indicates areas of convergence between the EU and the UK and areas where further discussion is required to deepen understanding. The document indicates that there is a good level of convergence between the EU and the UK on the rights of current family members. However, the rights of future family members is one of the areas where further discussion will be required to deepen understanding.

Discussions on citizens’ rights will resume during the fourth round of negotiations, which will take place in the week commencing 25 September.