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Brexit Issues

Dáil Éireann Debate, Tuesday - 22 October 2019

Tuesday, 22 October 2019

Questions (585)

Lisa Chambers

Question:

585. Deputy Lisa Chambers asked the Minister for Employment Affairs and Social Protection the situation for an Irish citizen living in Northern Ireland with regard to payment of social security if they wish to continue to enjoy benefits here and in other member states in the event of a no-deal Brexit or with a Brexit deal (details supplied). [43357/19]

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Written answers

In the context of Brexit, it is important to underline that, under any scenario, Irish citizens will continue to have EU citizenship wherever they reside. They will continue to enjoy the right to live and work throughout the EU and the right not to be discriminated against on the grounds of nationality.

In addition, in any scenario the Government will continue to work with the UK to underline that the rights and entitlements of Irish citizens living in Northern Ireland are of fundamental importance and must be protected in accordance with the Good Friday Agreement. There is also an onus on the UK government to protect the Good Friday Agreement in all its parts and it should ensure that these issues, including possible future UK participation in EU funds and programmes, are part of its position for the detailed discussions on the EU-UK future relationship.

It is important to be clear that the Common Travel Area will also be maintained in all circumstances, and this allows Irish citizens and British citizens to access a range of similar rights in each other’s countries on a reciprocal basis, including access to healthcare and education. This is particularly important for the ways in which people live on the island of Ireland.

In the event of a no deal Brexit, under the Common Travel Area, Irish citizens and British citizens in each other’s state have the right to access social security benefits on the same basis as citizens of that state. This includes reciprocal arrangements for social insurance schemes, social assistance schemes and child benefit. The Government is committed to ensuring that the reciprocity of social welfare rights and entitlements, which currently exist for Irish and British citizens within the Common Travel Area, are safeguarded and maintained.

Because of the unique nature of the Common Travel Area and the associated rights and privileges which it provides and will continue to provide for Irish and British citizens in each other’s countries, Ireland and the United Kingdom have formalised the pre-existing Common Travel Area social security arrangements in a legally binding agreement. Under the terms of the agreement, all existing arrangements regarding social insurance entitlements will be maintained in Ireland and the UK. This means that Irish citizens living in Ireland maintain the right to benefit from social insurance contributions made when working in the UK and to access social insurance payments if living in the UK and vice versa.  This is in keeping with the current EU social security coordination practices, whereby a person ordinarily pays social security contributions in the country in which they work (rather than reside).

The Protocol on Ireland/Northern Ireland (that is an integral part of the Agreement on the Withdrawal of the UK from the EU, and which has now been endorsed by the European Council and agreed with the UK Government) confirms the Union citizenship of Irish citizens in Northern Ireland. The Protocol also confirms that Irish citizens in Northern Ireland, “will continue to enjoy, exercise and have access to rights opportunities and benefits” that come with EU citizenship.

How best to ensure the access of those entitled to Irish citizenship in Northern Ireland to specific EU benefits - such as in the areas of social security - will be addressed as appropriate during the period of transition and in the context of the future relationship. To this end, the Government will continue to proactively engage to ensure that people in Northern Ireland enjoy access to EU rights, opportunities and benefits into the future. Ireland will continue to seek - to the greatest extent possible - the maintenance of the status quo.

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.

I hope this clarifies the matter for the Deputy.

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