Written answers

Tuesday, 28 November 2017

Department of Foreign Affairs and Trade

Brexit Negotiations

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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221. To ask the Minister for Foreign Affairs and Trade if he will report on the discussion on human rights in the context of the Brexit negotiations. [50667/17]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The Government is determined to ensure that the Good Friday Agreement in all its parts is fully protected and respected in the context of the UK’s withdrawal from the EU, including all elements relating to human rights. Human rights protections form a vital part of the institutional underpinning for the peace settlement founded on the Good Friday Agreement and serve to build and maintain confidence for communities across Northern Ireland. The protection of human rights in Northern Ireland - including through the incorporation into law of the European Convention on Human Rights - is one of the key principles of the Agreement, as set out in the chapter on Rights, Safeguards and Equality of Opportunity. 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, it is welcome that the UK Government’s White Paper on legislating for withdrawal from the EU that was published in March clarified that it has no plans to leave the European Convention on Human Rights.

In February, as part of the All-Island Civic Dialogue on Brexit, the Government 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, which are informing the Government’s approach in this area, including as set out in the comprehensive document, Ireland and the negotiations on the UK’s withdrawal from the European Union under Article 50 of the Treaty on European Union, published by the Government on 2 May.

The Government’s programme of engagement with EU partners has ensured that Ireland’s unique issues and concerns have been fully understood by the EU27 and have been reflected in the EU’s negotiating position for the Article 50 negotiations with the UK. In this regard, the Guiding Principles for the dialogue on Ireland/Northern Ireland, which were published by the European Commission Article 50 Task Force in September, confirm that European Union law and practice has provided a supporting framework in Northern Ireland and across the island for the Good Friday Agreement provisions on Rights, Safeguards and Equality of Opportunity. They state that the Good Friday Agreement requires equivalent standards of protection of rights in Ireland and Northern Ireland and that the United Kingdom should ensure that no diminution of rights is caused by the United Kingdom’s departure from the European Union, including in the area of protection against forms of discrimination currently enshrined in Union law. This position has been conveyed by the European Commission Task Force to the UK in the Article 50 negotiations in the High Level Dialogue on Ireland and Northern Ireland.

As co-guarantor of the Good Friday Agreement, the Government takes very seriously our responsibility to safeguard its institutions and principles, including in the area of human rights. The Government will continue to pursue, with our EU partners, an outcome to the Article 50 process that protects our headline priorities and Ireland’s fundamental interests, including to ensure protection of and respect for the Good Friday Agreement in all its parts.

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