DÁIL ÉIREANN

AN BILLE UM THARRAINGT SIAR NA RÍOCHTA AONTAITHE AS AN AONTAS EORPACH (FORÁLACHA IARMHARTACHA), 2020 WITHDRAWAL OF THE UNITED KINGDOM FROM THE EUROPEAN UNION (CONSEQUENTIAL PROVISIONS) BILL 2020 LEASUITHE COISTE COMMITTEE AMENDMENTS

[No. 48 of 2020] [24 November, 2020]

DÁIL ÉIREANN

AN BILLE UM THARRAINGT SIAR NA RÍOCHTA AONTAITHE AS AN AONTAS EORPACH (FORÁLACHA IARMHARTACHA), 2020 —AN COISTE

WITHDRAWAL OF THE UNITED KINGDOM FROM THE EUROPEAN UNION (CONSEQUENTIAL PROVISIONS) BILL 2020 —COMMITTEE STAGE

Leasuithe Amendments

SECTION 2 1. In page 10, lines 26 and 27, to delete “Minister for Business, Enterprise and Innovation” and substitute “Minister for Enterprise, Trade and Employment”. —An tAire Gnóthaí Eachtracha. 2. In page 11, line 13, to delete “18 and 19” and substitute “18, 19 and 20*”. —An tAire Gnóthaí Eachtracha. [*This is a reference to Part 20 proposed to be inserted by amendment No. 17.] 3. In page 11, line 14, to delete “Minister for Justice and Equality” and substitute “Minister for Justice”. —An tAire Gnóthaí Eachtracha. SECTION 5 4. In page 12, between lines 24 and 25, to insert the following: “(c) the effective continuance of the benefits for residents of the State, derived under the European Union Cross Border Directive for treatments in Northern Ireland.”. —Mattie McGrath, , Michael Collins, Richard O'Donoghue, Danny Healy-Rae, Michael Healy-Rae. 5. In page 13, between lines 29 and 30, to insert the following: “(a) that Ireland and the United Kingdom establish an analogous scheme to the European Union Cross Border Directive mechanism which would apply after the withdrawal of the United Kingdom from the European Union.”. —Mattie McGrath, Carol Nolan, Michael Collins, Richard O'Donoghue, Danny Healy-Rae, Michael Healy-Rae.

[No. 48 of 2020] [24 November, 2020] [SECTION 5]

6. In page 15, between lines 20 and 21, to insert the following: “75D.The Minister for Health shall, within one month of the passing of this Act, prepare and lay before the Houses of the a report outlining in detail the new reciprocal arrangements or analogous scheme to the European Union Cross Border Directive mechanism in place between the State and the United Kingdom after the withdrawal of the United Kingdom from the European Union.”. —Mattie McGrath, Carol Nolan, Michael Collins, Richard O'Donoghue, Danny Healy-Rae, Michael Healy-Rae. SECTION 7 7. In page 16, between lines 34 and 35, to insert the following: “(2) Subsection (1) will also have the meaning of including Northern Ireland under the terms of the European Union Cross Border Directive.”. —Mattie McGrath, Carol Nolan, Michael Collins, Richard O'Donoghue, Danny Healy-Rae, Michael Healy-Rae. SECTION 61 8. In page 38, between lines 13 and 14, to insert the following:

“Amendment of section 2 of Act of 2010 61. Section 2 of the Act of 2010 is amended— (a) in subsection (1), in the definition of “Community”, by the insertion of “, subject to subsection (4A),” before “has the same meaning”, (b) in subsection (4), by the insertion of “, subject to subsection (4A),” before “references to Member States”, and (c) by the insertion of the following subsection after subsection (4): “(4A) In this Act, each reference to— (a) Community, and (b) Member State, shall apply as if the reference included a reference to Northern Ireland, save— (i) where the reference occurs in a provision specified in Part 1 of Schedule 9, and (ii) in the case of a provision specified in Part 2 of Schedule 9, in so far as the provision applies to services.”.”. —An tAire Gnóthaí Eachtracha.

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SECTION 64 9. In page 42, to delete lines 12 to 15. —, , , , Michael Fitzmaurice, . 10. In page 42, line 14, to delete “€175” and substitute “€75”. —An tAire Gnóthaí Eachtracha. SECTION 65 11. In page 42, between lines 23 and 24, to insert the following:

“Review of operation of section 64 65. No later than 12 months after the coming into operation of section 64, the Minister shall— (a) review the operation of the amendments effected by that section, and (b) lay before each House of the Oireachtas a report of his or her conclusions from the review.”. —Brendan Howlin, Ged Nash. SECTION 66 12. In page 44, between lines 3 and 4, to insert the following:

“Insertion of Schedule 9 in Act of 2010 66. The Act of 2010 is amended by the insertion of the following Schedule after Schedule 8:

“SCHEDULE 9 Section 2(4A)

NON-APPLICATION OF SECTION 2(4A) TO CERTAIN PROVISIONS OF ACT

Part 1 Section 33 Section 34 Section 35 Section 56(1) Section 83 Section 88(8) Section 91 Section 91A Section 91B

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Section 91C Section 91D Section 91E

Part 2 Section 59 Section 101 Section 102(3) Paragraph 5(1A) of Schedule 2 Paragraph 6(1)(c) of Schedule 2”.”. —An tAire Gnóthaí Eachtracha. SECTION 73 13. In page 46, between lines 3 and 4, to insert the following:

“Amendment of Finance Act 1999 73. The Finance Act 1999 is amended— (a) in section 94— (i) in subsection (1), by the deletion of the definition of “Member State”, (ii) in subsection (3), by the substitution of “Subject to subsection (3A), a word” for “A word”, (iii) by the insertion of the following subsection after subsection (3): “(3A) In this Chapter, each reference to Member State shall apply as if the reference included a reference to Northern Ireland, save where the reference occurs in subsections (1) and (5)(c) of section 99A.”, and (iv) in subsection (4), by the substitution of “Subject to subsection (3A), a word” for “A word”, and (b) in section 101, in subsections (8)(a)(ii) and (9)(a)(ii), by the insertion of “or of the United Kingdom” after “Member State” in each place that it occurs.

Amendment of Finance Act 2001 74. The Finance Act 2001 is amended— (a) in section 96— (i) in subsection (1)—

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(I) in the definition of “European Union”— (A) by the insertion of “, subject to subsection (3),” before “means”, and (B) by the deletion of paragraph (c), and (II) in the definition of “Member State”, by the insertion of “, subject to subsection (3),” before “means”, (ii) in subsection (2), by the substitution of “Subject to subsection (3), a word” for “A word”, and (iii) by the insertion of the following subsection after subsection (2): “(3) In this Part, each reference to— (a) European Union, and (b) Member State, shall apply as if the reference included a reference to Northern Ireland, save where either such reference occurs in section 104(4)(a), 109(7)(c) or 109A(8).”, (b) in section 104(1)(e), by the insertion of “or port” after “airport”, (c) in section 109, in subsections (3)(c)(ii) and (12)(a)(ii), by the insertion of “or of the United Kingdom” after “Member State” in each place that it occurs, (d) in section 109A, in subsections (5)(a)(ii) and (13)(a)(ii), by the insertion of “or of the United Kingdom” after “Member State” in each place that it occurs, (e) in section 109D, by the deletion of paragraph (d), (f) in section 109IA, in subsections (7)(a)(ii) and (14)(a)(ii), by the insertion of “or of the United Kingdom” after “Member State” in each place that it occurs, and (g) in section 109S, by the deletion of paragraph (d).

Amendment of Finance Act 2003 75. The Finance Act 2003 is amended— (a) in section 73— (i) in subsection (2), by the substitution of “Subject to subsection (2A), a word” for “A word”, (ii) by the insertion of the following subsection after subsection (2): “(2A) In this Chapter, each reference to— (a) European Union, and (b) Member State, shall apply as if the reference included a reference to Northern

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Ireland.”, and (iii) in subsection (3), by the substitution of “Subject to subsection (2A), a word” for “A word”, and (b) in section 78A(1), by the substitution of “European Union” for “European Community”.

Amendment of section 71 of Finance Act 2005 76. Section 71 of the Finance Act 2005 is amended— (a) in subsection (1), by the deletion of the definitions of “Community” and “Member State”, (b) in subsection (5), by the substitution of “Subject to subsection (5A), a word” for “A word”, and (c) by the insertion of the following subsection after subsection (5): “(5A) In this Chapter, each reference to Member State shall apply as if the reference included a reference to Northern Ireland.”.”. —An tAire Gnóthaí Eachtracha. [Acceptance of this amendment involves the deletion of section 73 of the Bill.] SECTION 85 14. In page 61, between lines 9 and 10, to insert the following: “12C.The Minister for Agriculture, Food and the Marine shall, within three months of the passing of this Act, prepare and lay before the Houses of the Oireachtas a report outlining the advancement made on his part to retain tariff-free access to and maintenance of the value of the United Kingdom market for Irish farming and the Agri-Food sector, given the imposition of tariffs on European Union Agri-Food exports to the United Kingdom which could make trade unviable;”. —Mattie McGrath, Carol Nolan, Michael Collins, Richard O'Donoghue, Danny Healy-Rae, Michael Healy-Rae. 15. In page 61, between lines 9 and 10, to insert the following: “12C.The Minister for Finance shall, within three months of the passing of this Act, prepare and lay before the Houses of the Oireachtas a comprehensive report outlining the updated negotiated strategy of a free trade agreement between the European Union and the United Kingdom which would include: (a) tariff-free trade for agricultural products and food; (b) maintenance of equivalent standards on food safety, animal health,

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welfare and the environment; and (c) the application of the Common Tariff for imports to both the European Union and United Kingdom.”. —Mattie McGrath, Carol Nolan, Michael Collins, Richard O'Donoghue, Danny Healy-Rae, Michael Healy-Rae. SECTION 86 16. In page 61, between lines 9 and 10, to insert the following:

“PART 12

Reports 86. (1) The Minister for Agriculture, Food and the Marine shall, within three months of the passing of this Act, prepare and lay before the Houses of the Oireachtas a detailed report outlining the Government’s combined efforts to achieve a trade deal between the European Union and the United Kingdom, to ensure continued tariff-free and quota-free access to the United Kingdom market, with minimal additional customs and procedural transaction costs. (2) The Minister for Agriculture, Food and the Marine shall, within three months of the passing of this Act, prepare and lay before the Houses of the Oireachtas a detailed report outlining the extent of the additional resources established to assist with the Agri-Food and Fisheries sector in meeting the new trade regulations and certification requirements. (3) The Minister for Agriculture, Food and the Marine shall, within three months of the passing of this Act, prepare and lay before the Houses of the Oireachtas a detailed report outlining his engagement with each sectoral area within his remit, including stakeholders, to ensure the industry is fully aware of the significant disruptions and changes ahead. (4) The Minister for Agriculture, Food and the Marine shall, within three months of the passing of this Act, prepare and lay before the Houses of the Oireachtas a detailed report outlining his engagements with the European Union Commission on delivery of an extensive and enhanced suite of financial aids through State and European Union sources together with increased flexibility arrangements for the Agri-Food and Fisheries sectors. (5) The Minister for Agriculture, Food and the Marine shall, within three months of the passing of this Act, prepare and lay before the Houses of the Oireachtas a detailed report outlining the full extent of the efforts made by his Department to protect the Irish Fishing interest including, but not limited to: (a) access to European Union and United Kingdom waters; (b) European Union quotas; (c) routes to European Union and United Kingdom markets; and

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(d) emergency funding for the sector.”. —Mattie McGrath, Carol Nolan, Michael Collins, Richard O'Donoghue, Danny Healy-Rae, Michael Healy-Rae. SECTION 122 17. In page 94, between lines 24 and 25, to insert the following:

“PART 20

AMENDMENT OF DEFAMATION ACT 2009

Amendment of Schedule 1 to Defamation Act 2009 122. Schedule 1 to the Defamation Act 2009 is amended— (a) in Part 1— (i) in paragraph (11), by the substitution of “under the law of a Member State or of the United Kingdom” for “under the law of a Member State of the European Union”, (ii) in paragraph (12), by the substitution of “in a Member State or in the United Kingdom” for “in a Member State of the European Union”, and (b) in Part 2— (i) in paragraph (1), by the substitution of “in the State, in a Member State or in the United Kingdom” for “in the State or in a Member State of the European Union”, (ii) in paragraph (2), by the substitution of “in the State, in a Member State or in the United Kingdom” for “in the State or in a Member State of the European Union”, (iii) in paragraph (3), by the substitution of “in the State, in a Member State or in the United Kingdom” for “in the State or in a Member State of the European Union”, and (iv) in paragraph (4), by the substitution of “in a Member State or in the United Kingdom” for “in a Member State of the European Union”.”. —An tAire Gnóthaí Eachtracha.

8 [TITLE]

TITLE 18. In page 9, line 27, after “Gibraltar;” to insert the following:

“to make provision for the defence of qualified privilege to a defamation action to continue to apply to the publication of certain statements concerning certain events in, or connected with, the United Kingdom;”. —An tAire Gnóthaí Eachtracha.

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