Eamon Ryan
Ceist:52. Deputy Eamon Ryan asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the Alberto Costa amendment in the UK (details supplied). [15737/19]
Amharc ar fhreagraThursday, 4 April 2019
Ceisteanna (52)
Freagraí scríofa
The proposal by Alberto Costa MP was that the UK Government should seek a joint UK-EU commitment to adopt the section of the Withdrawal Agreement on Citizens’ Rights even if the British Parliament fails to ratify the Withdrawal Agreement.
While I very much understand and indeed sympathise with Mr Costa's motivation and objectives, I do not believe this particular proposal would be workable.
It is the EU's view, shared by the Government, that it would not be possible to treat certain aspects of the Withdrawal Agreement, in isolation. This would amount to a reopening of the Withdrawal Agreement, and, as the European Council made clear on 21 March, the Withdrawal Agreement is not for renegotiation.
The Withdrawal Agreement is a carefully balanced and inter-connected legal text. The citizens’ rights provisions in the Withdrawal Agreement rely on the general rules providing for the governance of the Agreement and the structures underpinning its applicability and enforceability.
Equally, the Agreement contains other provisions, outside of ‘Part 2,’ that are relevant to the protection of other rights of citizens – for example, on personal data protection, the orderly completion of judicial cooperation procedures in criminal/civil matters, and the Protocol on Ireland and Northern Ireland. Carving out certain provisions, as part of the ring-fencing exercise proposed by Mr Costa, would, therefore, risk the unequal treatment of certain categories of EU and UK citizens.
However, the rights of EU citizens in the UK, and UK nationals in the EU, remain a priority for the EU, as they have throughout the negotiations. In the event of a no deal scenario, the rights of British nationals residing in the Union will be addressed by each Member State, depending on its national law. In this context, like Ireland, EU Member States have taken the necessary measures to regularise the position of UK nationals resident in their countries, and to provide them with legal certainty for the longer term. The Commission has also proposed a number of unilateral contingency measures specifically to address citizens' rights, for example, by agreeing, on a reciprocal basis, that UK citizens will be exempt from the need to have a short-term visa to visit EU countries.
With regard to Ireland, the rights of UK nationals in Ireland, and Irish nationals in the UK, are dealt with under the Common Travel Area. 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. Both the Irish and UK Governments have committed to the maintenance of the Common Travel Area, and the associated rights and entitlements of Irish and British citizens under this longstanding reciprocal arrangement, in any circumstance. To that end, both Governments have committed to undertaking all the work necessary, including through legislative provision to ensure that the Common Travel Area rights and privileges are protected. Ireland has completed its internal procedures, including with the enactment of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019, and I understand that the UK has done likewise.