Dáil Éireann Debate, Tuesday - 20 November 2018
145. Deputy Lisa Chambers asked the Tánaiste and Minister for Foreign Affairs and Trade the legislative changes required to protect elements of the common travel area that fall within the remit of his Department; when he plans to bring forward this legislation; and if he will make a statement on the matter. [47945/18]
View answer146. Deputy Lisa Chambers asked the Tánaiste and Minister for Foreign Affairs and Trade his views on a recent report that states that the common travel area would benefit from greater legal certainty post-Brexit; if, in the absence of a withdrawal deal and no transition period, legislation will be required to ensure that the common travel area can continue to operate as it currently does; and if he will make a statement on the matter. [47953/18]
View answerI propose to take Questions Nos. 145 and 146 together.
The Common Travel Area is a long-standing arrangement between the UK and Ireland which means Irish citizens can move freely to live, work, and study in the UK on the same basis as UK citizens and vice versa. It is an arrangement that is valued on both islands and the continuation of this arrangement is a stated objective of both the Irish and UK Governments. In the context of the UK’s withdrawal from the EU, it is important that any arrangements necessary to maintain the Common Travel Area are put in place.
The Common Travel Area provides for associated rights and entitlements which enable Irish and UK citizens to move freely between and reside in both jurisdictions. These rights and entitlements include access to employment, healthcare, education, and social benefits, as well as the right to vote in certain elections.
The CTA agreements have existed for over 95 years without a formal agreement but through a combination of legislative provisions and policy measures. Despite the lack of formal arrangement, the CTA has endured and proven to be flexible and adaptable. The CTA is recognised in EU law by Protocol No. 20 to the Treaty on European Union and the Treaty on the Functioning of the European Union.
Article 5 of the Draft Protocol on Ireland and Northern Ireland, within the draft Withdrawal Agreement between the EU and the UK published on 14 November 2018, and agreed at negotiator level, is a translation into legal terms of the acknowledgment between the EU and UK negotiators made in their joint report of December 2017 that the UK and Ireland may “continue to make arrangements between themselves relating to the movement of persons between their territories”.
The maintenance of the CTA is a bilateral matter. Work is ongoing both with the UK and domestically at official level to ensure that the necessary provisions are made in both jurisdictions so that the CTA continues to function effectively after the UK leaves the EU. The UK Government has committed to updating domestic legislation, as necessary, to ensure that the agreed CTA rights and privileges are properly reflected.
While domestic work on the CTA is being coordinated by my Department, all relevant Government Departments are examining the legislative changes, if any, which may be required to ensure that the CTA continues to operate in their respective policy areas. Ireland will undertake all the work necessary, including through legislative provision to ensure that the CTA is maintained.
