Dáil Éireann Debate, Tuesday - 22 October 2019
134. Deputy Lisa Chambers asked the Tánaiste and Minister for Foreign Affairs and Trade if Irish citizens living in Northern Ireland will have access to the European Court of Justice in the event of a no-deal Brexit. [43358/19]
View answerThe European Union citizenship of Irish citizens in Northern Ireland continues under all circumstances, including a no deal Brexit. As Union citizens, Irish citizens in Northern Ireland will continue to enjoy the right to move and reside freely throughout the EU, benefiting from the important right not to be discriminated against on the grounds of nationality while doing so. They will continue to be able to rely on EU law in the courts of the Member States and to seek, for example, a preliminary reference to the European Court of Justice. In the event of a no-deal Brexit, however, the courts in Northern Ireland will no longer make such preliminary references. The rules governing the standing for individuals to bring a direct form of action – such as an action under Article 263 of the Treaty on the Functioning of the European Union challenging the legality of an EU legal act – are very strict. An individual may institute such proceedings against an EU act that is addressed to that person or which is of direct and individual concern to them, or against a regulatory act which is of direct concern to them and does not entail implementing measures. If these conditions were fulfilled, an Irish citizen living in Northern Ireland would be able to institute proceedings before the European Court of Justice. In the event of a no-deal Brexit, however, EU law would no longer apply in Northern Ireland, and so it is likely to be in only very particular circumstances that these conditions would be fulfilled.
Under any scenario for the UK’s exit from the European Union, the obligations and commitments of the Irish and UK Governments under the Good Friday Agreement remain and the Government will continue to work with the UK Government as co-guarantor to secure the full implementation of the Agreement.
There is an onus on the UK Government to protect the Good Friday Agreement in all its parts in any scenario, and it should ensure relevant issues are part of its detailed position and pursued in the discussions on the EU-UK future relationship. The UK has also made a commitment that there will be no diminution of rights arising from Brexit and it is important that this is something that would be maintained by the UK under a no deal scenario. Also, as provided for under the Good Friday Agreement, the European Convention on Human Rights will remain incorporated in law in Northern Ireland, and the UK Government has confirmed its membership of the Convention.
The Government will continue to proactively engage to ensure that people in Northern Ireland continue to enjoy access to EU rights, opportunities, and benefits in to the future. The Government has made commitments in respect of access to the benefits of the European Health Insurance Card and the Erasmus+ programme in the context of a no deal scenario and the Government is committed to achieving the outcome that the people of Northern Ireland can access these entitlements in any circumstance.
It is important to note that in the event of an orderly Brexit, under Article 18 of the Withdrawal Agreement, the transition period would ensure no change in terms of access under EU law until December 2020 at the earliest.
