DOCSLIB.ORG

Discussion Paper on the Common Travel Area Sylvia De Mars, Colin Murray, Aoife O’Donoghue and Ben Warwick

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Discussion Paper on the Common Travel Area Sylvia De Mars, Colin Murray, Aoife O’Donoghue and Ben Warwick Discussion Paper on the Common Travel Area Sylvia de Mars, Colin Murray, Aoife O’Donoghue and Ben Warwick This paper was written by Sylvia de Mars, Colin Murray, Aoife O’Donoghue and Ben Warwick for the Irish Human Rights and Equality Commission and the Northern Ireland Human Rights Commission. Dr Sylvia de Mars is a Senior Lecturer at Newcastle Law School, Newcastle University; Mr Colin Murray is a Reader at Newcastle Law School, Newcastle University; Professor Aoife O’Donoghue is a Professor at Durham Law School, Durham University; and Dr Ben Warwick is a Lecturer at Birmingham Law School, University of Birmingham. The views expressed within this paper do not necessarily represent the views of the Northern Ireland Human Rights Commission or the Irish Human Rights and Equality Commission, nor the employers of the authors. Paper finalised on 29th October 2018. Cover image is a modified photo by Michael Shannon. © 2018. Copyright is held by the Northern Ireland Human Rights Commission and the Irish Human Rights and Equality Commission. Northern Ireland Human Rights Commission, Temple Court, 39 North Street, Belfast. Irish Human Rights and Equality Commission, 16–22 Green Street, Dublin 7. Table of Contents Table of Contents ........................................................................................................... 3 About the Authors .......................................................................................................... 5 Abbreviations ................................................................................................................. 6 Executive Summary ...................................................................................................... 7 Recommendations ....................................................................................................... 11 Chapter 1: The Core CTA ............................................................................................. 13 Introduction ................................................................................................................................ 13 The CTA: Aligned Immigration Rules ........................................................................................... 15 The CTA: Reciprocal Individual Rights and Obligations ............................................................... 17 The CTA and the Good Friday/Belfast Agreement ...................................................................... 18 Conclusion ................................................................................................................................... 19 Summary ..................................................................................................................................... 21 Chapter 2: The Development of the CTA .................................................................... 22 Introduction ................................................................................................................................ 22 Partition ...................................................................................................................................... 22 The Second World War and its Aftermath .................................................................................. 23 Forging and Sustaining the Modern CTA .................................................................................... 25 The European Dimension ............................................................................................................ 27 Brexit ........................................................................................................................................... 28 Conclusion ................................................................................................................................... 29 Summary ..................................................................................................................................... 30 Chapter 3: The CTA and Cross-border Health and Social Care Provision ............. 31 Introduction ................................................................................................................................ 31 Domestic Rules affecting Cross-Border Health and Social Care Access/Provision ...................... 32 EU Regimes affecting Cross-Border Health and Social Care Access/Provision ........................... 34 Funding ....................................................................................................................................... 36 Access to Cross-Border Health and Social Care under the Withdrawal Agreement ................... 37 Conclusion ................................................................................................................................... 40 Summary ..................................................................................................................................... 42 Chapter 4: The CTA and Employment Protections ................................................... 43 Introduction ................................................................................................................................ 43 Basic Rights to Work Under the CTA ........................................................................................... 43 CTA Limitations ........................................................................................................................... 44 Rights in Work ............................................................................................................................. 45 Other Protections: CTA, EU, and GFA ......................................................................................... 47 Other Forms of Employment ...................................................................................................... 48 Cross-Border Business ................................................................................................................. 50 Mutual Recognition of Qualifications ......................................................................................... 51 Conclusion ................................................................................................................................... 51 Summary ..................................................................................................................................... 52 Chapter 5: The CTA and Social Security .................................................................... 53 Introduction ................................................................................................................................ 53 CTA and Domestic Law ................................................................................................................ 53 Post Brexit Connections to EU Law ............................................................................................. 57 Irish Citizens in Northern Ireland ................................................................................................ 59 Conclusion ................................................................................................................................... 59 Summary ..................................................................................................................................... 60 Table of Contents 3 Chapter 6: The CTA and Education ............................................................................. 61 Introduction ................................................................................................................................ 61 Primary Level and Post Primary Schools ..................................................................................... 63 Further Education and Universities ............................................................................................ 65 Conclusion ................................................................................................................................... 70 Summary ..................................................................................................................................... 71 Chapter 7: The CTA and Policing, Justice and Security ........................................... 72 Introduction ................................................................................................................................ 72 Policing and Prosecution Cooperation ........................................................................................ 72 Justice System Cooperation ........................................................................................................ 75 A New Arrangement ................................................................................................................... 79 Conclusion ................................................................................................................................... 81 Summary ..................................................................................................................................... 82 Chapter 8: Conclusions ............................................................................................... 83 What the Common Travel Area does .......................................................................................... 83 What is based in domestic legislation ......................................................................................... 83 What is based in EU law .............................................................................................................
Load more

Recommended publications
  • The Brexit Effect on Guernsey Immigration
    Global Legal and Professional Services Comings and Goings: The Brexit Effect on 17 January 2019 Guernsey Immigration In December 2018, the UK Government published its white paper on the skills-based immigration system which it plans to introduce post- Brexit. There will be a 12 month consultation period before proposals are finalised, but, as things currently stand, how might the proposed changes to the UK's system affect Guernsey employers and the Island's estimated 4,200 EU workers. » Following the UK's agreement with the EU in June 2018 on citizens' rights, the UK announced its settlement scheme. This scheme secures the residency rights of EU citizens who are lawfully resident in the UK as at 31 December 2020. Guernsey has committed to a similar scheme (subject to ratification by the States) under which EU citizens resident in Guernsey as at 31 December 2020 will be entitled to apply for leave to remain in the Bailiwick (this assumes that date won't change in the event of a no deal Brexit). Any EU citizen with more than 5 years' residence will be entitled to apply for indefinite leave to remain. Those with under 5 years' residence will be able to apply for limited leave to remain and then to apply for indefinite leave on reaching 5 years' residence. » Guernsey's immigration officials expect to work more closely in future with their counterparts in the Population Management Office to ensure that any EU citizen coming to live and work in Guernsey has not only the required employment permit under the Population Management regime, but also the necessary work permit under the amended immigration system.
    [Show full text]
  • COVID-19 Contact Tracing Guidance (Including Complex Settings) Health Protection Team Guidance Version 3.5 Publication Date: 29 April 2021
    COVID-19 Contact Tracing Guidance (including complex settings) Health Protection Team Guidance Version 3.5 Publication date: 29 April 2021 This document is uncontrolled when printed. Before use check the COVID-19 page to verify this is the current version. Version history An archive of all previously published versions of this guidance and supporting resources that relate to COVID-19 is available on the PHS website. This includes resources that have been retired from the website because they have been superseded or are no longer required. Version Date Summary of changes V3.3 19/12/2020 Section 1: Introduction updated to include lateral flow devices and vaccines Section 4: Contact tracing updated to include lateral flow devices, testing of asymptomatic people in the community, participants in surveillance studies Section 6.1: Section on self-isolation period added, with details on change to 10 days for contacts and returning travellers Section 6.2: additional settings added, including care at home, early years and childcare settings. A section has been added for healthcare workers who test positive for COVID-19 whilst on duty during their infectious period Section 6.3: Link to SG COVID-19 protection levels added Section 7: initial follow up for cases updated with information for asymptomatic cases who have had LFD testing Section 8: self-isolation period updated from 14 to 10 days for contacts and returning travellers Section 11: PHS email address updated Section 12: Link to infection control addendum added Section 14: Confidentiality section updated about information that must be shared with contacts Appendices: Self-isolation period updated from 14 to 10 days for contacts and returning travellers.
    [Show full text]
  • Brexit: UK-Irish Relations
    HOUSE OF LORDS European Union Committee 6th Report of Session 2016–17 Brexit: UK-Irish relations Ordered to be printed 6 December 2016 and published 12 December 2016 Published by the Authority of the House of Lords HL Paper 76 The European Union Committee The European Union Committee is appointed each session “to scrutinise documents deposited in the House by a Minister, and other matters relating to the European Union”. In practice this means that the Select Committee, along with its Sub-Committees, scrutinises the UK Government’s policies and actions in respect of the EU; considers and seeks to influence the development of policies and draft laws proposed by the EU institutions; and more generally represents the House of Lords in its dealings with the EU institutions and other Member States. The six Sub-Committees are as follows: Energy and Environment Sub-Committee External Affairs Sub-Committee Financial Affairs Sub-Committee Home Affairs Sub-Committee Internal Market Sub-Committee Justice Sub-Committee Membership The Members of the European Union Select Committee are: Baroness Armstrong of Hill Top Lord Jay of Ewelme Baroness Suttie Lord Boswell of Aynho (Chairman) Baroness Kennedy of The Shaws Lord Teverson Baroness Brown of Cambridge Earl of Kinnoull Lord Trees Baroness Browning Lord Liddle Baroness Verma Baroness Falkner of Margravine Baroness Prashar Lord Whitty Lord Green of Hurstpierpoint Lord Selkirk of Douglas Baroness Wilcox Further information Publications, press notices, details of membership, forthcoming meetings and other information is available at http://www.parliament.uk/hleu. General information about the House of Lords and its Committees is available at http://www.parliament.uk/business/lords.
    [Show full text]
  • British Nationality Act 1981
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) British Nationality Act 1981 1981 CHAPTER 61 An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. [30th October 1981] Annotations: Modifications etc. (not altering text) C1 Act extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(2); amended by S.I. 1983/1699, art. 2(1) and amended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(1) C2 Act modified: (18.7.1996) by 1996 c. 41, s. 2(1); (19.3.1997) by 1997 c. 20, s. 2(1) C3 Act applied (19.3.1997) by 1997 c. 20, s. 1(8) C4 Act amended (2.10.2000) by S.I. 2000/2326, art. 8 C5 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 3(3); S.I. 2002/1252, art. 2 C6 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(2); S.I. 2002/1252, art. 2 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c.
    [Show full text]
  • The Impact of Brexit on Human Rights
    The Impact of Brexit on Human Rights 2018 Annual Human Rights Lecture Law Society of Ireland, 15 May 2018 Professor Fiona de Londras President of the Law Society, Chair and members of the Human Rights Committee, members of the Judiciary, Minister, Excellencies, members of the Law Society, ladies and gentlemen. It is a great honour for me to be home to give this lecture. No matter how long one is gone (and I have not been gone terribly long) or how far away one is (and I am not very far away) home is always home, and so I am delighted to be here this evening to discuss the important topic of Brexit and its implications for rights, which is an urgent and a personal issue for me as an Irish women living in the midlands of England, as a lawyer, and as a committed European. It is a strange time to be an Irish woman in the United Kingdom. With the forthcoming referendum on the 8th Amendment we are engaged with sometimes sympathetically, sometimes as a manifestation of a post-colonial novelty annoyingly termed ‘southern Ireland’. At the same time, whenever there is a European Council meeting at least one person, sometimes more though never many, asks me why Ireland is on a wrecking mission for Brexit; why we cannot just “accept” Brexit, as if it were ours to accept or reject; whether this is all in some way the centennial revenge of a country newly and surprisingly seen as sovereign and powerful. It is a strange terrain to navigate.
    [Show full text]
  • Passenger Quarantine and the Common Travel Area (CTA)
    Passenger quarantine and the Common Travel Area (CTA): The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 CAJ Briefing Note No 2, June 2020 Summary of Key issues: A 14-day self-isolation period for incoming international passengers has been under discussion in both the UK and Ireland for some time. The Irish government initiated a system on 24 April 2020. The UK Government confirmed its intention in early May to do so, with English regulations coming into force on Monday 8 June 2020; Prior public scrutiny: Despite this lead in period, the equivalent Northern Ireland (NI) Travel Regulations were made on Friday 5 June 2020 and came into force on Monday 8 June 2020 without opportunity for public scrutiny that could have highlighted deficiencies before commencement; NI returnees over the land border: There is a particular problem for NI-residents landing in Dublin airport and returning home by land to NI. Rather than there being a reciprocal arrangement in place that allows travellers to complete the Irish government’s passenger locator form, the regulations instead oblige the equivalent UK form to be completed and provided ‘on arrival’ in NI. Whilst the form can be completed online, incoming passengers into Dublin may be unaware of it, and there is no one to provide it to ‘on arrival’ over the land border in NI, yet not completing it constitutes a criminal offence (subject to a reasonable excuse defence); Transit passengers and the Donegal question: The NI regulations appear to oblige a passenger landing, for example, in Dublin Airport and returning over land to Donegal to complete the UK form and self-isolate in NI on crossing the land border; Dublin loophole: The NI/English regulations close off what had been termed in the UK press the ‘Dublin loophole’ whereby UK resident incoming passengers could evade UK self-isolation rules by travelling home via Dublin airport.
    [Show full text]
  • Northern Ireland Draft Bill 2012-13
    Northern Ireland draft bill 2012-13 Standard Note: SN/PC/06559 Last updated: 13 March 2013 Author: Oonagh Gay Section Parliament and Constitution Centre This Note sets out the main provisions of the Northern Ireland (Miscellaneous Provisions) draft Bill published on 11 February 2013. The draft Bill is being given pre-legislative scrutiny by the Northern Ireland Affairs Committee, beginning on 25 February 2013. Their report is expected to be published by the end of this session. The draft Bill: • Gives the Secretary of State power to make transparent the declaration of donations to political parties in Northern Ireland from September 2014; • Abolishes the practice of double-jobbing, whereby Assembly Members also sit in the House of Commons; • Modifies the way in which the Justice and Policing Department is allocated to a minister under the d’Hondt process; • Improves electoral registration procedures, • Amends the Secretary of State’s power to designate bodies in respect of equalities legislation. The draft Bill does not alter the number of seats in the Assembly, or set the date of the next election to it. The Electoral Registration and Administration Act 2013 has postponed the first review of Parliamentary constituency boundaries under the Parliamentary Voting System and Constituency Act 2011 to 2018. The review was expected to reduce the number of Assembly seats, as well as Westminster seats, since the boundaries are co-terminous. The draft Bill also does not consider the particular make-up of the Northern Ireland Executive, whereby ministries and chairs of committees are allocated by the d’Hondt formula and there is no government or opposition in the usual Westminster sense.
    [Show full text]
  • Nation-Building in the Commonwealth: the Making
    NATION-BUILDING IN THE COMMONWEALTH : THE MAKING OF NEW CONSTITUTIONS THOMAS M. FRANCK* New York At a time when criticism of "colonialism" in general and of the British Empire in particular has become a glut on the world's propaganda market, it is of some importance for .Canadians to acquaint themselves with recent developments -in that political institution which graduates the members of our Commonwealth. Since, moreover, these momentous developments may appear obscure to the layman because they are cast in technical, lego- constitutional form, it falls to the lawyer to examine them and to communicate his findings to the non-professional community. An examination of recent constitutional evolution within the Commonwealth and Empire yields very few generalizations. In so far as a generalization is implied even in the use of the separate concepts of "Empire" and "Commonwealth", it is likely to mis- lead, for the emerged and emergent nations of both categories are related to each other not as two distinct blocks but as the shades of a constitutional spectrum which blend gradually from one hue to the next. A few instances may serve to illustrate. At the extreme, the anomalous position of the Republic of Ireland points to a peri- pheral constitutional status which is neither completely within, nor fully without the Commonwealth relationship. Though still clearly within the relationship, India and Pakistan, by severing their legal links with the Crown,2 have laid claim to a slightly *Thomas M. Franck, B .A., LL.B., (U.B.C.), LL.M. (Harv.) ; Associate Professor of International Law, New York University.
    [Show full text]
  • Self-Limitation by the United Kingdom Parliament O
    Hastings Constitutional Law Quarterly Volume 2 Article 5 Number 2 Spring 1975 1-1-1975 Self-Limitation by the United Kingdom Parliament O. Hood Phillips Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation O. Hood Phillips, Self-Limitation by the United Kingdom Parliament, 2 Hastings Const. L.Q. 443 (1975). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol2/iss2/5 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Self-Limitation by the United Kingdom Parliament By 0. HOOD PHILLIPS, Q.C.* I Three Topical Issues While it would be an exaggeration to say that the British Constitu- tion does not exist at all, the fundamental principles of that Constitu- tion become more elusive the more one searches for them. The prob- lem to which this article is addressed is usually put in the form of the question: Can the United Kingdom Parliament bind itself or its suc- cessors for the future? It will be submitted that, if the inquiry is to have practical value, the concept of "sovereignty" should be avoided and the question should be discussed in relation to the concept of "self-lim- itation." Until recently students of law in Britain have been asked to discuss the doctrine of the "sovereignty" of Parliament in relation to the Union between England and Scotland (which has not been a signifi- cant practical issue in modem times, although it may become so if En- glish nationalism develops in reaction to Scottish and Welsh national- ism) and the Statute of Westminster 19311 (the repeal or disregard of which by Parliament has never been a practical issue).
    [Show full text]
  • Centre for Political & Constitutional Studies King's College London
    CODIFYING – OR NOT CODIFYING – THE UNITED KINGDOM CONSTITUTION: THE EXISTING CONSTITUTION Centre for Political & Constitutional Studies King’s College London Series paper 2 2 May 2012 1 Centre for Political and Constitutional Studies The Centre for Political and Constitutional Studies is a politically non-aligned body at King’s College London, engaged in and promoting interdisciplinary studies and research into contemporary political and constitutional issues. The Centre’s staff is led by Professor Robert Blackburn, Director and Professor of Constitutional Law, and Professor Vernon Bogdanor, Research Professor, supported by a team of funded research fellows and academic staff at King’s College London specialising in constitutional law, contemporary history, political science, comparative government, public policy, and political philosophy. www.kcl.ac.uk/innovation/groups/ich/cpcs/index. Authorship This report of the Centre for Political and Constitutional Studies was written by Dr Andrew Blick, Senior Research Fellow, in consultation with Professor Robert Blackburn, Director, and others at the Centre, as part of its impartial programme of research for the House of Commons Political and Constitutional Reform Committee into Mapping the Path towards Codifying – or Not Codifying – the United Kingdom Constitution, funded by the Joseph Rowntree Charitable Trust and the Nuffield Foundation. Previous publications in this series Codifying – or Not Codifying – the United Kingdom Constitution: A Literature Review, Series Paper 1, February 2011 ©
    [Show full text]
  • Crown Copyright Catalogue Reference
    (c) crown copyright Catalogue Reference:CAB/129/84 Image Reference:0013 THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT Printed for the Cabinet. November ,1956 SECRET Copy No. r CP. (56) 263 14th November, 1956 CABINET COLONIAL IMMIGRANTS SUPPLEMENTARY REPORT OF THE COMMITTEE OF MINISTERS As requested by the Cabinet on 11th July (CM. (56) 48th Conclusions, Minute 10) the Committee of Ministers under my Chairmanship have examined (i) the justification for excluding citizens of the Irish Republic from any control which might eventually be imposed on immigration into the United Kingdom from Commonwealth countries; and (ii) the justification for continuing in any event to extend the United Kingdom franchise to Irish Republican citizens who are resident here. The Committee have also taken the opportunity to review (ui) the continuing trend of coloured immigration during the current year. :; Conclusions 2. Our conclusions are as follows: — y. -w,ii (i) Immigration Control.—We are satisfied that there are sound and convincing practical reasons for continuing to...exclude citizens of the Irish Republic from immigration control, even if it is eventually decided to regulate the entry of Commonwealth citizens. (Paragraphs 3-7.) (ii) Franchise.—It seems anomalous that the franchise should be extended to Irish Republican citizens resident here, and it would be difficult to justify giving them the vote if they did not have it already. But to take the franchise away from them now would involve a departure from the views expressed by members of the Government when in opposition; it could not be done without fresh and controversial legislation, and there would be troublesome administrative difficulties to be surmounted.
    [Show full text]
  • The Common Travel Area: More Than Just Travel
    The Common Travel Area: More Than Just Travel A Royal Irish Academy – British Academy Brexit Briefing Professor Imelda Maher MRIA October 2017 The Common Travel Area: More Than Just Travel About this Series The Royal Irish Academy-British Academy Brexit Briefings is a series aimed at highlighting and considering key issues related to the UK’s withdrawal from the EU within the context of UK-Ireland relations. This series is intended to raise awareness of the topics and questions that need consideration and/ or responses as the UK negotiates its exit from EU. The Royal Irish Academy/Acadamh Ríoga na hÉireann (RIA) Ireland’s leading body of experts in the sciences, humanities and social sciences. Operating as an independent, all-island body, the RIA champions excellence in research, and teaching and learning, north and south. The RIA supports scholarship and promotes an awareness of how science and the humanities enrich our lives and benefit society. Membership of the RIA is by election and considered the highest academic honour in Ireland. The British Academy The UK’s independent national academy representing the humanities and social sciences. For over a century it has supported and celebrated the best in UK and international research and helped connect the expertise of those working in these disciplines with the wider public. The Academy supports innovative research and outstanding people, influences policy and seeks to raise the level of public understanding of some of the biggest issues of our time, through policy reports, publications and public events. The Academy represents the UK’s research excellence worldwide in a fast-changing global environment.
    [Show full text]