Roghchoiste Speisialta an tSeanaid um an Ríocht Aontaithe do Tharraingt Siar as an Aontach Eorpach Tuarascáil Eatramhach ar Éifeachtaí Brexit Iúil 2021
The Seanad Special Select Committee on the Withdrawal of the UK from the EU Interim Report on the Impacts of Brexit July 2021 33/SeanadWUKEU/001
Ohh
Tithe an Oireachtais
Roghchoiste Speisialta an tSeanaid um an Ríocht Aontaithe do Tharraingt Siar as an Aontach Eorpach
Tuarascáil eatramhach ar éifeachtaí Brexit
Iúil 2021
______
Houses of the Oireachtas
Seanad Special Select Committee on the Withdrawal of the UK from the EU
Interim report on the impacts of Brexit
July 2021
33/SeanadWUKEU/001
Contents Cathaoirleach’s Foreword ...... 1 sta lish ent o ecial Co ittee ...... 2 ac gro nd and re io s re orts ...... 2 rade and Coo eration gree ent C ...... rotocol on Ireland and Northern Ireland ...... Co ittee ngage ents ...... e the es...... 1. rade Flows and C sto s ...... 1.1 In rastr ct re ...... 1 1.2. he R les o rigin ...... 12 2. he rotocol on Ireland and Northern Ireland ...... 1 2.1 Citizens’ Rights in Northern Ireland ost re it ...... 1 . t al recognition o ro essional ali ications ...... 22 .1 d cation and Research ...... 2 . ealth – Cross order ealth irecti e C ...... 2 . ata Flows ...... 1 . F t re relations ...... Reco endations and concl sions going orward ro e idence resented to the Co ittee ...... endi 1 – e ershi o the Co ittee ...... endi 2 – er s o Re erence o the Co ittee ......
Contents Cathaoirleach’s Foreword Cathaoirleach’s Foreword ...... 1 sta lish ent o ecial Co ittee ...... 2 “ he re it re erend and the ens ing withdrawal rocess re resents an e traordinar eriod in relations etween the and the . . and indeed Ireland ac gro nd and re io s re orts ...... 2 and the U.K. The four years that followed the UK’s ote to lea e the ro ean rade and Coo eration gree ent C ...... Union was a period of intense negotiation, with several extensions to the UK’s o icial withdrawal. rotocol on Ireland and Northern Ireland ...... Co ittee ngage ents ...... he rade and Coo eration gree ent that will in or the t re relationshi o the and the was reached on the 2 ece er 2 2 . Not all as ects o the e the es...... t re relationshi were thoro ghl wor ed thro gh and an o tstanding iss es re ain. he 1. rade Flows and C sto s ...... Co ittee co enced its wor in late 2 2 and agreed that the i act o the ost 1 ece er 2 2 arrange ents on ario s sectors wo ld e central to its or rogra e. 1.1 In rastr ct re ...... 1 1.2. he R les o rigin ...... 12 he Co ittee so ght to ro ide a lat or or sinesses co nities and ci il societ gro s to disc ss the i act o re it and the o eration o the rade and Coo eration gree ent. he 2. he rotocol on Ireland and Northern Ireland ...... 1 intention o the Co ittee was to ro ide an in de th and detailed anal sis o the iss es i acting 2.1 Citizens’ Rights in Northern Ireland ost re it ...... 1 eo le and sinesses on the island o Ireland. . t al recognition o ro essional ali ications ...... 22 he Co ittee rther so ght to engage in inter arlia entar relationshi ilding and held a n er o eetings with olitical re resentati es ro Northern Ireland the and the . . to gain .1 d cation and Research ...... 2 an international perspective to the Committee’s work. . ealth – Cross order ealth irecti e C ...... 2 he Co ittee held a series o lic hearings ro ece er 2 2 ntil ne 2 21 with rele ant . ata Flows ...... 1 sta eholder gro s. hile it was clear that the withdrawal o the was going to ha e serio s . F t re relations ...... re erc ssions or Ireland the Co ittee so ght to identi the e er da iss es a ecting citizens and sinesses across the island. igni icant iss es were identi ied thro gho t Co ittee Reco endations and concl sions going orward ro e idence resented to the Co ittee ...... engage ents so e o which were onl ro ght to the ore in the onths ollowing re it. hese endi 1 – e ershi o the Co ittee ...... incl ded i acts on trade lows and c sto s chec s t al recognition o ali ications education, health, citizens’ rights and data flows. In addition, particular issues arose s rro nding the endi 2 – er s o Re erence o the Co ittee ...... r le o origin and i ed origin rod cts on the island o Ireland and s rro nding the rotocol on Ireland and Northern Ireland oth o which contin e to resent di ic lties in ongoing negotiations.
i onths into the o eration o a new trading en iron ent and a signi icantl altered olitical landsca e here is a etter nderstanding o the tr e i act o re it and the iss es lowing ro the rade and Coo erations gree ent that still re ire wor . he Co ittee cannot o erstate the need or a roacti e colla orati e res onse to the i lications arising ro re it all rele ant arties to ens re a strong t re relationshi etween the and the and the and Ireland.
he Co ittee has in this Interi Re ort ro ided sol tions oc sed reco endations and loo s orward to its ret rn in the t n where it will re co ence its e a ination in order to rod ce its inal re ort 1 ece er 2 21. I co end this Re ort to eanad ireann with a re est that the re ort e de ated as soon as ossi le.
I wo ld li e to e ress gratit de on ehal o the Co ittee to all the witnesses who attended o r lic hearings to gi e e idence or the Interi Re ort o the Co ittee. I wo ld also li e to than the sta o the Co ittee ecretariat who assisted in the preparation of this report.”
enator isa Cha ers Cathaoirleach – l 2 21 1 | age
s s e o e o ee The eanad pecial elect Committee on the ithdrawal of the United Kingdom from the uropean Union was esta lished y a motion in eanad ireann on cto er to
➢ monitor Ireland’s preparedness for all possible outcomes following the withdrawal of the United Kingdom from the uropean Union ➢ examine the impact of the withdrawal on trade connectivity to the rest of urope, in particular from potential lockages to the land ridge ➢ analyse the impact of the withdrawal on the Irish economy and society in the immediate post transition period ➢ and engage with stakeholders, relevant institutions and elected representatives in the uropean Union, reat ritain and orthern Ireland, and the United tates of merica.
The Committee held a series of meetings with stakeholders etween ecem er and une . Key findings of these hearings and the Committee’s summary position and recommendations are included in this Interim eport. The Committee will recommence the stakeholder process in the utumn and issue a final report not later than st ecem er .
ro d d re o s re or s The th eanad esta lished a pecial elect Committee on the ithdrawal of the United Kingdom from the uropean Union on e ruary , to consider the potential conse uences of the decision and the implications for Ireland. In particular, that Committee was to consider the following
➢ the implications for the Irish economy of hard and soft exit scenarios ➢ relations etween the tate and orthern Ireland ➢ the citizenship rights of all the people of orthern Ireland ➢ the Common Travel rea and the order movement of goods, services and people etween the tate and orthern Ireland and etween Ireland and reat ritain ➢ agriculture and fisheries ➢ transport, energy and communications ➢ welfare, health and education ➢ and to such other related matters as the Committee may determine.
The Committee of the th eanad pu lished its final report entitled rexit Implications and otential olutions in une .
n uly the Committee was reconstituted to consider the withdrawal negotiations of the UK from the U and the implementation of the recommendations made y the previous Committee report in . The Committee pu lished a rogress report in ecem er outlining the significant developments in the withdrawal negotiations etween the U and the UK. The Committee was dissolved on st ecem er , at which stage, the date for the withdrawal of the UK from the uropean Union was extended on three occasions. The work and reports of the previous Committee informed the work of the new Committee of the th eanad.
The ithdrawal greement was signed on anuary and came into effect on the e ruary . transition period followed that allowed time to negotiate a new partnership for the future relationship of the U and the UK. egotiations concluded on the ecem er and the transition period ended on ecem er with the UK no longer having access the EU’s Single arket and Customs Union. The Committee commenced its work in late and agreed that the
age
s s e o e o ee impact of the post ecember arrangements on arious sectors would be central to its or The eanad pecial elect Committee on the ithdrawal of the United Kingdom from the uropean rogramme Union was esta lished y a motion in eanad ireann on cto er to ➢ monitor Ireland’s preparedness for all possible outcomes following the withdrawal of the United Kingdom from the uropean Union r de d oo er o ree e ➢ examine the impact of the withdrawal on trade connectivity to the rest of urope, in egotiations on the formally began on arch with nine formal rounds of negotiations particular from potential lockages to the land ridge ta ing place from arch to ctober after which negotiations intensified until final agreement ➢ analyse the impact of the withdrawal on the Irish economy and society in the immediate on ecember he consists of a Free Trade Agreement, a close partnership on citizens’ post transition period security and an o erarching go ernance framewor ➢ and engage with stakeholders, relevant institutions and elected representatives in the e e Fro re ere d o e ew uropean Union, reat ritain and orthern Ireland, and the United tates of merica. e U otes to lea e the EU in national referendum The Committee held a series of meetings with stakeholders etween ecem er and une . r U triggers the formal withdrawal process based on rticle of the reaty Key findings of these hearings and the Committee’s summary position and recommendations are on the European Union included in this Interim eport. The Committee will recommence the stakeholder process in the e ormal negotiations on the UK’s withdrawal begin utumn and issue a final report not later than st ecem er . o er EU and UK negotiators agree terms on UK’s departure – the ithdrawal greement Fe r r he ithdrawal greement comes into force and the U officially lea es ro d d re o s re or s the EU th The eanad esta lished a pecial elect Committee on the ithdrawal of the United Kingdom r ormal negotiations on the EU U rade and ooperation greement from the uropean Union on e ruary , to consider the potential conse uences of the commence decision and the implications for Ireland. In particular, that Committee was to consider the e e er rade and ooperation greement agreed following e e er ransition period for the withdrawal of the U ends r he U no longer has the rights or obligations of being an EU ember State ➢ the implications for the Irish economy of hard and soft exit scenarios and the EU U applies ➢ relations etween the tate and orthern Ireland
➢ the citizenship rights of all the people of orthern Ireland ➢ the Common Travel rea and the order movement of goods, services and people etween he pro ides for tariff and uota free trade for goods originating in the U and EU protects the the tate and orthern Ireland and etween Ireland and reat ritain EU Single Market and Ireland’s place in it, and provides a stable set of arrangements for ➢ agriculture and fisheries international connecti ity including a iation and road haulage co operation on cross border law ➢ transport, energy and communications enforcement energy lin s trade in ser ices as well as goods and a range of other important areas ➢ welfare, health and education such as U in ol ement in EU programmes It also mitigates the ris s of a “no deal” scenario and the ➢ and to such other related matters as the Committee may determine. damaging implications that the introduction of costly tariffs could ha e had on imports and e ports between Ireland and the U ollowing the the ES I with the epartment of inance estimates The Committee of the th eanad pu lished its final report entitled rexit Implications and that re it could reduce by appro imately in ten years which is a significant impro ement otential olutions in une . of the pro ected reduction in the no deal scenario hile this is a relati ely positi e outcome there n uly the Committee was reconstituted to consider the withdrawal negotiations of the UK are still a number of negati e implications for sta eholders including both households and from the U and the implementation of the recommendations made y the previous Committee businesses and these are set out in the body of this eport he was pro isionally applied from report in . The Committee pu lished a rogress report in ecem er outlining the anuary and formally entered into force on ay significant developments in the withdrawal negotiations etween the U and the UK. The Committee was dissolved on st ecem er , at which stage, the date for the withdrawal of the ro o o o re d d or er re d UK from the uropean Union was extended on three occasions. The work and reports of the he uni ue circumstances of Ireland and orthern Ireland in relation to re it was recognised previous Committee informed the work of the new Committee of the th eanad. throughout re it negotiations with strong emphasis gi en to protecting the ood riday greement and the gains of the peace process and a oiding a hard border on the island he special The ithdrawal greement was signed on anuary and came into effect on the e ruary arrangements for these circumstances are set out in the Ireland and orthern Ireland rotocol . transition period followed that allowed time to negotiate a new partnership for the future concluded in ecember relationship of the U and the UK. egotiations concluded on the ecem er and the transition period ended on ecem er with the UK no longer having access the EU’s Single arket and Customs Union. The Committee commenced its work in late and agreed that the European ommission infographic age age
The rotocol aims to provide a solution that
- avoids a hard border bet een Ireland and orthern Ireland, thereb enabling the smooth functioning of the all island econom and safeguarding the ood Frida elfast Agreement in all its dimensions - ensures the integrity of the EU’s Single Market for goods, along with all the guarantees it offers in terms of consumer protection, public and animal health protection, and combatting fraud and trafficking
The rotocol also provides for a consent mechanism hich, after four ears, ill allo the orthern Ireland Assembl to vote to continue the application of the rotocol or to discontinue its application In the latter case, the rotocol ould cease to appl t o ears later The rotocol is uni ue to Ireland among Members States and the operation of the rotocol and the practical issues arising for stakeholders as identified as core to the ork of the ommittee and related engagements ith stakeholders are summarised in this eport
o ee e e s From ecember to une , the ommittee held a series of public engagements ith relevant stakeholders as set out in Table belo inks to the official transcripts of the engagements are also set out belo
e s o e e e s w s e o ders e o e r esses ecember Simon ovene T , Minister for Foreign Affairs ecember Michael ussell, abinet Secretar , Member of Scottish arliament ongressman ichard eal, hairman of US ongressional a s and Means ommittee Februar olin Mc rath M A, hairperson, ommittee for the E ecutive ffice, orthern Ireland Assembl Martina Anderson M A, ommittee for the E ecutive ffice, orthern Ireland Assembl Emma Sheerin M A, ommittee for the E ecutive ffice, orthern Ireland Assembl Februar r at Ivor , irector of EU International Affairs, Ibec eil illoughb , Senior E ecutive, European Affairs, Ibec aul Kell , irector, Food rink Ireland F I Februar lenn arr, eneral Manager, osslare Europort arr Kenn , orporate ommunications Manager, Iarnr d ireann Eamonn O’Reilly, CEO, Dublin Port Company avid McArdle, I A Treasurer ohn olan, I A Secretar Februar r Alan arrett, irector, Economic and Social esearch Institute r Martina a less, esearch rofessor, Economic and Social esearch Institute March John O’ Dwyer, Deputy Commissioner, ata rotection ommission icola oogan, Assistant ommissioner, ata rotection ommission March Muiris O’Connor, Assistant Secretar eneral, and ealth Anal tics ivision, epartment of ealth
EU ommission rotocol on Ireland and orthern Ireland age
The rotocol aims to provide a solution that Jonathan Patchell, Principal Officer, nternational Unit, Department of ealth - avoids a hard border bet een Ireland and orthern Ireland, thereb enabling the smooth Emma Jane Morgan, Principal Officer, Eligibility Policy Unit, Department of functioning of the all island econom and safeguarding the ood Frida elfast Agreement ealth in all its dimensions Catherine Donohue, eneral Manager, Commercial Unit, Acute ospital - ensures the integrity of the EU’s Single Market for goods, along with all the guarantees it Ser ices, SE offers in terms of consumer protection, public and animal health protection, and combatting Mark Regan, CEO, ingsbridge Pri ate ospitals, Sligo elfast fraud and trafficking Damien uigley, ational Support Officer, Permanent Defence orce Other Ranks Representati e Association The rotocol also provides for a consent mechanism hich, after four ears, ill allo the orthern Martin right, Deputy eneral Secretary, Permanent Defence orce Other Ireland Assembl to vote to continue the application of the rotocol or to discontinue its application Ranks Representati e Association In the latter case, the rotocol ould cease to appl t o ears later The rotocol is uni ue to th March Seanad Special Committee attended the orthern reland Assembly Ireland among Members States and the operation of the rotocol and the practical issues arising for Committee for the E ecuti e Office stakeholders as identified as core to the ork of the ommittee and related engagements ith March eill McDonnell, CEO, rish Small Medium Enterprise Association SME stakeholders are summarised in this eport Damien Roche, Managing Director, orthern reland Retail Consortium RC o ee e e s Stuart Anderson, Senior Policy Ad isor, Confederation of ritish ndustry From ecember to une , the ommittee held a series of public engagements ith C en elson, Chairman, nter rade reland relevant stakeholders as set out in Table belo inks to the official transcripts of the engagements erry Curran, Assistant Director Strategy and Policy, nter rade reland are also set out belo March Julie Sinnamon, CEO, Enterprise reland e s o e e e s w s e o ders Rowena Dwyer, Policy Planning o Relations, Enterprise reland e o e r esses Giles O’Neill, Brexit Unit ecember Simon ovene T , Minister for Foreign Affairs April Dáithí O’Ceallaigh, Chair of the Institute of International and European ecember Michael ussell, abinet Secretar , Member of Scottish arliament Affairs U roup ongressman ichard eal, hairman of US ongressional a s and April Simon arris D , Minister for urther and igher Education, Research, Means ommittee nno ation and Science Februar olin Mc rath M A, hairperson, ommittee for the E ecutive ffice, May erry arrahill, Commissioner, Director eneral of Customs, Re enue orthern Ireland Assembl Commissioners Martina Anderson M A, ommittee for the E ecutive ffice, orthern Celine O’Neill, Principal Officer, Brexit Policy Branch, Revenue Ireland Assembl Commissioners Emma Sheerin M A, ommittee for the E ecutive ffice, orthern Ireland Joe Ryan, ational Director ational Ser ices, SE Assembl Anne Marie Part, Assistant ational Director for En ironmental ealth, Februar r at Ivor , irector of EU International Affairs, Ibec SE eil illoughb , Senior E ecutive, European Affairs, Ibec ouise yrne, ead of re it nternational rade Di ision, Dept of aul Kell , irector, Food rink Ireland F I Agriculture, ood and the Marine a el Sheridan, ead of mport Controls Operations Di ision, Dept of Februar lenn arr, eneral Manager, osslare Europort arr Kenn , orporate ommunications Manager, Iarnr d ireann Agriculture, ood and the Marine Eamonn O’Reilly, CEO, Dublin Port Company May John Mc rane, Director eneral, ritish rish Chamber of Commerce avid McArdle, I A Treasurer Paul ynam, Director of Policy, ritish rish Chamber of Commerce ohn olan, I A Secretar Cillian Molloy, Policy Associate, ritish rish Chamber of Commerce Februar r Alan arrett, irector, Economic and Social esearch Institute May Daniel older, Deputy Director, Committee on the Administration of r Martina a less, esearch rofessor, Economic and Social esearch Justice Institute es Allamby, Chief Commissioner, orthern reland uman Rights Commission March John O’ Dwyer, Deputy Commissioner, ata rotection ommission icola oogan, Assistant ommissioner, ata rotection ommission Sin ad ibney, Chief Commissioner, rish uman Rights and E uality Commission March Muiris O’Connor, Assistant Secretar eneral, and ealth Anal tics eraldine Mc ahey, Chief Commissioner, E uality Commission for ivision, epartment of ealth orthern reland May Gerry O’Sullivan, Head of International Education, Higher Education Authority EU ommission rotocol on Ireland and orthern Ireland age Page
Dr ileen arron, Eras us Progra e anager, Higher Education uthority i Conlon, Heady of Policy Strategic Planning, Higher Education uthority
i iley, Director General, Irish Universities ssociation Nora rench Bo les, Head of ifelong earning, S ills and uality, Irish Universities ssociation
Dr ennifer Brennan, Director of Research Develop ent Innovation, he echnological High Education ssociation
Paul Hannigan, President, etter enny Institute of echnology ohn ndy Bonar, ice President for Research, E uality, and External ffairs, etter enny Institute of echnology
Dr ichael ulvey, President, Dundal Institute of echnology Dr Sheila lanagan, ice President for cade ic ffairs and Registrar, Dundal Institute of echnology une Barry ndre s, EP Ciaran Cuffe, EP Col ar ey, EP aria alsh, EP une illia avelle, Head of the Irish his ey ssociation Conor ulvihill, Director, Dairy Industry Ireland Dr i e ohnston, Chief Executive, Dairy Council for Northern Ireland Barry ughey, General anager, ughey Screen une airead cGuinness, Co issioner, inancial Services, inancial sta ility and Capital ar ets Union, European Co ission
e e es Prior to the UK’s withdrawal the Committee held t o engage ents to ascertain levels of preparedness for Brexit and the itigation easures for the i pacts of the various scenarios hile negotiations ere ongoing ollo ing the UK’s withdrawal on 1 January 2021, the Co ittee continued its or in identifying the i pacts of Brexit and the follo ing ey the es e erged as areas here significant i plications have arisen as a result of the UK’s withdrawal from the European Union
➢ rade flo s – i pacts on haulage, usinesses and households rade infrastructure ➢ Protocol on Ireland and Northern Ireland ➢ utual recognition of ualifications ➢ Education and research ➢ Health – cross order health i plications ➢ Data lo s – North and South and East est ➢ Citizens’ Rights ➢ uture relationship et een the U and the EU and the i plications this ay have for Ireland
Page
Dr ileen arron, Eras us Progra e anager, Higher Education r de F ows d s o s uthority he Committee engaged with a num er of sta eholders in relation to trade and how the UK’s i Conlon, Heady of Policy Strategic Planning, Higher Education withdrawal from the U has im a ted u on trade t was made a undantly lear that in the wee s uthority immediately following the UK’s withdrawal in January 2021, the im li ations on ustoms he s and
i iley, Director General, Irish Universities ssociation trade flows in and out of rish orts was signifi ant urthermore, during this eriod, usinesses were Nora rench Bo les, Head of ifelong earning, S ills and uality, Irish struggling with the ongoing im a ts and hallenges of Co id 1 Commissioner airead uinness Universities ssociation highlighted that the rade and Coo eration Agreement (TCA) “represents the best possible outcome given the UK’s choice of a hard Brexit” and that within those limits, there is access to the UK market Dr ennifer Brennan, Director of Research Develop ent Innovation, he with no tariffs echnological High Education ssociation owe er, des ite a lengthy negotiation eriod, the late date of the final C greatly im a ted
Paul Hannigan, President, etter enny Institute of echnology re aration for usinesses and sta eholders highlighted that for some, there was a ohn ndy Bonar, ice President for Research, E uality, and External “misunderstanding that an agreement would mean no customs formalities” and that there was “a ffairs, etter enny Institute of echnology lack of clarity on what the UK formalities would entail after 01 January”
r erry arrahill, Re enue Commissioner, outlined that the ra ti al im a ts of the withdrawal of Dr ichael ulvey, President, Dundal Institute of echnology the UK from the U are signifi ant for traders r arrahill stated that the reality of trading with a Dr Sheila lanagan, ice President for cade ic ffairs and Registrar, Dundal Institute of echnology third ountry is su h that ustoms formalities now a ly to all goods irres e ti e of ost, alue or une Barry ndre s, EP origin im orted and e orted to reat ritain, in luding goods that mo e through the UK using the Ciaran Cuffe, EP transit ro edure or ia a distri ution entre his has resulted in a su stantial in rease in ustoms Col ar ey, EP ro edures and do umentation for goods arri ing into reland whi h may also now im ose a tariff as aria alsh, EP well as ll of these ro edures must ta e la e efore goods are released for ir ulation he une illia avelle, Head of the Irish his ey ssociation Committee a nowledged that this resents new hallenges for usinesses whi h re iously Conor ulvihill, Director, Dairy Industry Ireland e erien ed trading within the ingle ar et Dr i e ohnston, Chief Executive, Dairy Council for Northern Ireland Barry ughey, General anager, ughey Screen Committee engagements in the initial weeks of the UK’s withdrawal pointed to significant delays on une airead cGuinness, Co issioner, inancial Services, inancial sta ility im orts to reland that arose as a result of the in reased do umentation and ro essing with and Capital ar ets Union, European Co ission ustoms that was now re uired e eral sta eholders highlighted signifi ant le els of additional do umentation re uired for the im orting of goods a ross a range of se tors his intensified the delays e erien ed in the immediate aftermath of re it r a id rdle, R , outlined a e e es num er of new re uirements that hauliers must ro ide for the flow of goods into reland from the Prior to the UK’s withdrawal the Committee held t o engage ents to ascertain levels of UK preparedness for Brexit and the itigation easures for the i pacts of the various scenarios hile “Licensed hauliers have to meet a plethora of new protocols and requirements to negotiations ere ongoing ollo ing the UK’s withdrawal on 1 January 2021, the Co ittee keep goods moving, including securing some or all of the following: a master continued its or in identifying the i pacts of Brexit and the follo ing ey the es e erged as reference number, MRN; a pre-boarding notification, PBN; an entry summary areas here significant i plications have arisen as a result of the UK’s withdrawal from the declaration number, ENS, for safety and security; a transit accompanying document, European Union TAD; an export safety and security declaration, EXS; customs checks, Department of ➢ rade flo s – i pacts on haulage, usinesses and households rade infrastructure Agriculture, Food and the Marine checks; and HSE checks.” ➢ Protocol on Ireland and Northern Ireland ta eholders also highlighted the hallenge of the automated im ort system of the Re enue ➢ utual recognition of ualifications Commissioners for de larations whi h, a arently, due to the high olume of de larations, was ➢ Education and research failing regularly in the early weeks of the UK’s withdrawal. r rdle highlighted that the systems ➢ Health – cross order health i plications for re oarding notifi ation, P , new re uirements for safety and se urity de larations were not ➢ Data lo s – North and South and East est wor ing in the initial wee s and that the inade ua y of these resulted in the systems eing ➢ Citizens’ Rights o erloaded and goods eing lo ed and delayed. Licensed hauliers had “borne the brunt of these ➢ uture relationship et een the U and the EU and the i plications this ay have for disruptions”. Mr. Mc rdle further ad ised Ireland “The IT systems being employed by the Irish authorities are not working and require substantial revision to ensure they can be effective at clearing the backlog of goods stuck in the system and preventing such problems occurring again. The system is Page Page
being challenged at a time when import and export levels are lower than normal due to pre ecember stockpiling. The systems will collapse entirely once trade volumes are restored. It is deeply frustrating that despite the long lead into Brexit, the systems and approaches being operated by the Irish authorities to manage post Brexit trade are not fit for purpose and are frustrating rather than facilitating trade.”
The Committee acknowledged, howe er, that since mid March the issue with the A has een resol ed due to system impro ement measures that were implemented y e enue. urthermore, stakeholders pointed to increasing familiarity with declarations and paperwork as also ha ing an impact on the increased efficiency at ports since the weeks of delays seen in January. owe er, stakeholders highlighted further issues with T systems claiming a lack of efficiency in the T systems etween epartments and tate odies such as e enue, the and the epartment of Agriculture, ood and the Marine. Mr. John olan, A ad ised that critically “The agencies involved also have separate IT systems. For imported loads where the epartment of Agriculture, Food and the Marine and HSE are concerned, because ustoms and Excise is always concerned, it is necessary to send documentation to three different places.”
The need for more efficient systems appears to e particularly rele ant at u lin ort where the agencies are not located in the same terminals and therefore a lack of efficient communication network creates further delays. The Committee noted that the T systems used at u lin ort are not linked and that, as such, hauliers and agents put the same information onto different systems. This lack of prompt or automatic notification then has a knock on effect in delaying a truck lea ing the port.
The Committee agreed that the de elopment and utilisation of one centralised processing system would allow ports to operate more efficiently and Mem ers acknowledged the stakeholder iew that agencies should e relocated to one area at u lin ort to a oid delays associated with the completion of paperwork. n light of the issues e perienced, the ritish rish Cham er of Commerce suggested the esta lishment of a single access window for customs to limit the ureaucratic urden on trade and customs agencies. A single access window or a designated senior point of contact that would offer traders one entity for administrati e, customs and licensing re uirements and would help to limit unnecessary delays. The Committee agreed that a “one stop shop” approach would pro ide an immediate impro ement to paperwork issues at ports. Mem ers also noted that, in the months following this initial phase of delays, e enue has een and is working on arious systems to increase efficiency in this regard and to pro ide more automated ser ices for those in the haulage sector to impro e communications and efficiencies at ports. Ms. Celine O’Neill, Revenue, outlined that
“We have a number of developments in train or that have already been released. ne of the key concerns from the sector was the manual provision of information. e have developed a number of application programming interfaces, A Is, to allow their computer systems to talk to our computer systems, thereby to reduce the number of interactions and manual interventions. That work is well under way and it is being discussed with the relevant stakeholders.
Ms. O’ Neill further outlined concerns in relation to confidentiality and privacy concerns and highlighted the re uests from the sector and the concerted effort to respond to those re uests
age being challenged at a time when import and export levels are lower than normal “ ne of the big re uests from the sector as well was to be able to see the details of due to pre ecember stockpiling. The systems will collapse entirely once trade the pre boarding notification that has been provided to evenue so that the volumes are restored. It is deeply frustrating that despite the long lead into Brexit, haulier will have a record of all of the different declarations that were included in the systems and approaches being operated by the Irish authorities to manage post the so we will be ma ing that available as well.” Brexit trade are not fit for purpose and are frustrating rather than facilitating he Co ittee co ended the on oin i prove ents to the syste s in use at ports and a reed trade.” that pro ress in this re ard should e continued to provide ore auto ated services and ore The Committee acknowledged, howe er, that since mid March the issue with the A has een efficient trade flo s for reland in the lon er ter . resol ed due to system impro ement measures that were implemented y e enue. urthermore, iven the i portance of co unication in the trade sector follo in the i pacts of re it, the stakeholders pointed to increasing familiarity with declarations and paperwork as also ha ing an ritish rish Cha er of Co erce su ested that a reland port and transit foru e impact on the increased efficiency at ports since the weeks of delays seen in January. owe er, esta lished for all a or sta eholders in the and reland port and transit sector. foru ould stakeholders highlighted further issues with T systems claiming a lack of efficiency in the T systems allo for reater colla oration and discussion and provide a platfor to address issues of concern. etween epartments and tate odies such as e enue, the and the epartment of he Co ittee a reed that colla oration in this re ard ould provide the est possi le outco es Agriculture, ood and the Marine. Mr. John olan, A ad ised that critically and solutions to ensure that trade flo s on the island are aintained to the hi hest efficiency. “The agencies involved also have separate IT systems. For imported loads where the ta eholders hi hli hted that increased costs and ad inistrative disruptions are, a ain, li ely to epartment of Agriculture, Food and the Marine and HSE are concerned, because arise hen the i ple ents its full custo s processes later in the year, particularly in the food ustoms and Excise is always concerned, it is necessary to send documentation to and drin sector for those products that re uire veterinary certification. he Co ittee noted the three different places.” on oin ne otiations in relation to sanitary and phytosanitary products and a veterinary The need for more efficient systems appears to e particularly rele ant at u lin ort where the a ree ent in relation to the ove ent of such products. Me ers a reed that achievin an agencies are not located in the same terminals and therefore a lack of efficient communication a ree ent ould e a reat advanta e that could reduce the need for additional costs and network creates further delays. The Committee noted that the T systems used at u lin ort are not ad inistrative re uire ents. o ever, the epart ent for riculture, ood and Marine stated that linked and that, as such, hauliers and agents put the same information onto different systems. This a veterinary a ree ent ould not resolve the issues that have een raised in relation to lack of prompt or automatic notification then has a knock on effect in delaying a truck lea ing the docu entation and custo chec s port. “It is important to note that such an agreement is unli ely to have an impact on the The Committee agreed that the de elopment and utilisation of one centralised processing system controls that apply to plants and plant products. or is it li ely to have an impact on would allow ports to operate more efficiently and Mem ers acknowledged the stakeholder iew that the re uirement for documentary and identity chec s as already described. What it agencies should e relocated to one area at u lin ort to a oid delays associated with the would potentially impact is the fre uency of the physical chec s re uired. t completion of paperwork. n light of the issues e perienced, the ritish rish Cham er of Commerce present the has a veterinary e uivalence agreement with only three of the many suggested the esta lishment of a single access window for customs to limit the ureaucratic urden countries it trades with namely ew ealand anada and hile. The conclusion of on trade and customs agencies. A single access window or a designated senior point of contact that a veterinary agreement with the depends on the overnment agreeing to would offer traders one entity for administrati e, customs and licensing re uirements and would eep its food safety and animal health rules permanently aligned with rules help to limit unnecessary delays. The Committee agreed that a “one stop shop” approach would something which, to date, it has indicated that it is not prepared to do.” pro ide an immediate impro ement to paperwork issues at ports. Mem ers also noted that, in the Mr. aul yna , ritish rish Cha er of Co erce, hi hli hted that the ain issue around the months following this initial phase of delays, e enue has een and is working on arious systems to ne otiations for a veterinary a ree ent is that “the is as ing for dynamic alignment for the increase efficiency in this regard and to pro ide more automated ser ices for those in the haulage going forward so it would have to align to future changes regardless of what they may be while the sector to impro e communications and efficiencies at ports. Ms. Celine O’Neill, Revenue, outlined ust wants a mutual recognition to be put in place.” urther ore, Mr. yna advised that that a reein “a framework going forward on common high standards based on the existing standards “We have a number of developments in train or that have already been released. that are in place could lead to a veterinary agreement”. ne of the key concerns from the sector was the manual provision of information. he Co ittee ere of the vie that an a ree ent ould e very elco e and could solve any of e have developed a number of application programming interfaces, A Is, to allow the issues oin for ard in ter s of the difficulties ith the rotocol. Mr. arry ndre s, M , their computer systems to talk to our computer systems, thereby to reduce the stated that on the issues of easures and veterinary a ree ent “the has provided a very number of interactions and manual interventions. That work is well under way and good solution whereby there would be a temporary alignment until such time as the feels it needs it is being discussed with the relevant stakeholders. to diverge from the EU’s SP standards relating to food safety and animal health”. he Co ittee Ms. O’ Neill further outlined concerns in relation to confidentiality and privacy concerns and ac no led ed the current uncertainty surroundin the potential for an a ree ent on oods and highlighted the re uests from the sector and the concerted effort to respond to those re uests the on oin discussions in this area, and a reed that further e a ination of this ill e necessary in the future engagements of the Committee for reflection in the Committee’s final report.
age a e
r s r re he Committee note that although sta ehol ers pointe to the igitisation an a ministrati e proce ures as the main area for reform some infrastructural changes or e elopments are also necessar . he Committee agree that essential changes to infrastructure shoul e supporte an note the ie s of aria alsh ho state that the re it a ustment reser e hich ill e use to support economic sectors usiness an local communities coul e use to ena le this. hile there are some areas that ill re uire a itional fun ing r. c r le highlighte that small practical changes coul ha e a significant impact on ela s an costs for u lin ort
“As far as Dublin Port is concerned, when goods return to the levels of 2019 and 2020, with the custo s for alities, the ferry ti es should be loo ed at. our or five ships carrying 00 or 00 pieces of e uip ent arrive in Dublin Port in the orning between . 0 and . 0. everal hundred truc s wor out of the container ter inals. hat needs to be loo ed at. he ferry ti es need to be stretched out by 1 to 20 inutes each way by the four ain ferry co panies. he container ter inals need to loo at their opening and closing ti es to facilitate this too. here are ueues fro a. . with truc s trying to get into container ter inals to get containers for the orning delivery because they were not able to get in for p. . losing at p. . or . 0 p. . in today s world of transport is no good. here should be a later opening ti e for container ter inals.
egarding infrastructure and a green initiative, the way that Dublin Port unnel is run needs to be loo ed at. very truc has to stop either leaving the tunnel or entering the tunnel. very ti e a truc stops at a toll or a barrier, 1 l of fuel is consu ed. he tunnel is free for truc s but it is costing us in fuel every day. he entry and e it points for truc s need to be e a ined. here is no need for barriers. here needs to be an electronic syste that allows truc s to run through freely.”
r. lenn Carr osslare uroport highlighte that osslare uroport has een significantl transforme follo ing re it ith se eral ne an e pan e irect lines to mainlan urope an irect sailings ha ing increase from to each a per ee . he Committee agree that sta ehol er e i ence sho e the eman for these ser ices an that such e pansion has pla e a vital role in ensuring the continuity of Ireland’s supply chain in the face of re it an Co i . em ers agree ith the sta ehol er ie that such ser ices shoul continue to gro in line ith ongoing eman to limit the isruptions as a result of the UK’s withdrawal from the EU. r. arr enn arnr ireann emphasise that a e uate infrastructure as nee e to ena le such ser ices to continue into the future “ here is another point about critical connectivity to osslare uroport and all a or cities and industrial hubs throughout reland being further supported by i proving road develop ents. As volu es through the port grow it is essential that the ilgate to osslare otorway and the new port access road are co pleted so that the additional future traffic can be acco odated and so that osslare can be developed to its full potential to support the rish econo y. e ust not forget the traffic congestion proble s that e isted pre ovid 19 and the over reliance on Dublin and the challenges that brought. osslare uroport has proven in recent ti es how i portant a strategic asset it is and should be fully supported to deliver all of the plans outlined today.”
age
r s r re he ommittee also noted that significant investment is eing made to develop u lin ort out to he Committee note that although sta ehol ers pointe to the igitisation an a ministrati e to ensure the port will manage trade to its highest capacity and ac nowledged the importance proce ures as the main area for reform some infrastructural changes or e elopments are also of investment in osslare to alleviate pressures on u lin ort r Eamonn O’Reilly u lin ort necessar . he Committee agree that essential changes to infrastructure shoul e supporte an ompany highlighted that the ports do not compete with each other ut rather are part of the note the ie s of aria alsh ho state that the re it a ustment reser e hich ill e national transport system that meets the demand of what hauliers and customers of ferry lines use to support economic sectors usiness an local communities coul e use to ena le this. want. As such, Mr. O’Reilly stated that “it is very much in ublin Port s interest to see significant hile there are some areas that ill re uire a itional fun ing r. c r le highlighte that small investment and development in osslare uroport and to see the investment in roads being made.” practical changes coul ha e a significant impact on ela s an costs for u lin ort he ommittee noted the ritish Irish ham er of ommerce view that further opportunity e ists for “As far as Dublin Port is concerned, when goods return to the levels of 2019 and the e pansion of Irish ports and agreed that there is strong potential for or ort and other ports 2020, with the custo s for alities, the ferry ti es should be loo ed at. our or five to e designated for greater use r ohn c rane I pointed out that ships carrying 00 or 00 pieces of e uip ent arrive in Dublin Port in the orning “Cork Port should be designated as a border inspection post, given the strategic between . 0 and . 0. everal hundred truc s wor out of the container ter inals. importance of ublin Port and the elevated importance of osslare uroport in a hat needs to be loo ed at. he ferry ti es need to be stretched out by 1 to 20 post re it conte t. here is an opportunity to increase the connectivity of Ireland’s inutes each way by the four ain ferry co panies. he container ter inals need other ports as alternative gateways to trade and tourism. It is recommended that to loo at their opening and closing ti es to facilitate this too. here are ueues this approach be adopted to ensure no port is overburdened as a conse uence of fro a. . with truc s trying to get into container ter inals to get containers for re it and that all of our national resources can be put to good effect for the benefit the orning delivery because they were not able to get in for p. . losing at of all of the stakeholders involved.” p. . or . 0 p. . in today s world of transport is no good. here should be a later opening ti e for container ter inals. In ac nowledging the increased difficulties at ports the ommittee noted that some of the new systems paperwor operate under EU legislation such as the Union customs code and are su ect egarding infrastructure and a green initiative, the way that Dublin Port unnel is to the rules within that legislation for trade with third countries em ers agreed that some run needs to be loo ed at. very truc has to stop either leaving the tunnel or impediments are li ely to remain in the area of trade that did not e ist prior to anuary entering the tunnel. very ti e a truc stops at a toll or a barrier, 1 l of fuel is regardless of measures that are put in place to offset any impacts from the UK’s withdrawal. hile consu ed. he tunnel is free for truc s but it is costing us in fuel every day. he the immediate customs impacts on imports seen in early have een lessening over time entry and e it points for truc s need to be e a ined. here is no need for barriers. challenges do remain and the ommittee noted that further disruptions on the e ports side are here needs to be an electronic syste that allows truc s to run through freely.” likely to follow the implementation of the UK’s full customs procedures and checks in late r r. lenn Carr osslare uroport highlighte that osslare uroport has een significantl c rane emphasised the need for preparation to avoid a repeat of the initial issues seen in anuary transforme follo ing re it ith se eral ne an e pan e irect lines to mainlan urope an at ports irect sailings ha ing increase from to each a per ee . he Committee agree that “Ireland was bound by the terms of the nion Customs Code from day one sta ehol er e i ence sho e the eman for these ser ices an that such e pansion has pla e a anuary . It applied the full customs procedures, as is its obligation, to imports vital role in ensuring the continuity of Ireland’s supply chain in the face of re it an Co i . and e ports. ur point here is that the has not effectively fully applied re it at em ers agree ith the sta ehol er ie that such ser ices shoul continue to gro in line ith this time to anything like the same degree as Ireland was bound to do. s a ongoing eman to limit the isruptions as a result of the UK’s withdrawal from the EU. r. arr conse uence, we saw significant disruption to supply chains, resulting in empty enn arnr ireann emphasise that a e uate infrastructure as nee e to ena le such shelves in some of Ireland s most reputable supermarkets. hankfully, it seems that ser ices to continue into the future most of these challenges have now been overcome. owever, it is imperative that “ here is another point about critical connectivity to osslare uroport and all a or Irish e porters and importers use the time afforded to them by the cities and industrial hubs throughout reland being further supported by i proving overnment s decision to e tend customs easements until this ctober and, indeed, road develop ents. As volu es through the port grow it is essential that the to anuary ne t in certain instances. therwise, we could face similar problems ilgate to osslare otorway and the new port access road are co pleted so that again in terms of disruption, as was seen in anuary and ebruary of this year, as the additional future traffic can be acco odated and so that osslare can be people had to get used to, without ade uate preparation, some significant changes developed to its full potential to support the rish econo y. e ust not forget the in logistics and trade flows as normal.” traffic congestion proble s that e isted pre ovid 19 and the over reliance on hile the UK customs process was initially due to start in uly the UK overnment announced Dublin and the challenges that brought. osslare uroport has proven in recent an e tension to the implementation of these import controls which have now een postponed to ti es how i portant a strategic asset it is and should be fully supported to deliver cto er and anuary and arch s ouise yrne epartment of griculture all of the plans outlined today.” ood and the arine highlighted that usinesses should ta e advantage of the e tended date and prepare for the import re uirements and that wor is eing carried out to ensure usinesses are ready for cto er s yrne stated that the epartment is engaging with their UK epartmental age age
counterparts, stakeholders and usinesses to prepare them in respect of pro idin ad ance notification to the UK’s import of product, animals, food and feed system A as well as e port health certifications to the UK authorities.
he ommittee a reed that while the on oin en a ement etween customs a encies and usinesses is ital to ensure ade uate preparation for any future impacts, usinesses must also take the initiati e in streamlinin processes around the accuracy of documentation. e eral stakeholders emphasised that inaccurate customs documentation creates delays at ports and the ommittee a reed that usinesses ha e a si nificant role in creatin an efficient process y ensurin accuracy and simplifyin truck loads. Ms. a el heridan, epartment of A riculture, ood and Marine stated that
“Now that businesses are becoming more familiar with what needs to be checked and which agency needs to carry out the checks perhaps they could consider streamlining and simplifying their trucks. hat is not easy to do in the early days because these are comple supply chains but going forward it would help to speed up the transit of trucks through the port facilities. nother step that businesses can take to streamline the process is related to getting documentation in ad ance and ensuring it is accurate. hat too will help to speed up the processes. ery load we deal with that has problems slows down e erything so there is a ery important role for businesses in that regard.”
he ommittee emphasised the importance of maintainin a post re it tradin relationship with the UK and noted that a hu e proportion of work has een achie ed y those workin in the ports and haulage sector to limit the implications of the UK’s withdrawal on Ireland’s trade flows. While impro ements continue and work is on oin in this area for customs a encies and those workin in the sector, the ommittee a reed further e amination will need to e i en to this area in the Autumn sessions in li ht of the UK o ernment decision to e tend the implementation date for the introduction of custom checks.
e es o r he Committee agreed that the full impacts of the UK’s withdrawal from the EU will take time to fully come to li ht and that new information and discussions are on oin . his is e ident followin the emer ence of the unforeseen issues with the rules of ori in, an area which the ommittee intends to e amine further for its final report. he ommittee acknowled ed the comple ity of the rules of ori in on trade that mo es throu h the UK and the costly tariffs associated with this and noted that, in relation to costs, the urden of difficulty will fall primarily on MEs. he ommittee also acknowled ed the stakeholder iew that some usinesses are likely to a oid the customs procedures and rules of ori in y transportin oods direct to and from continental Europe to reland due to the costs associated with transportin ia the UK or from UK distri ution centres. Mr. amien Roche, R , outlined that these costs were of ma or concern for importers “If a shipment is bought in Germany by a UK company distributor and an Irish company buys from that UK distributor something the company may ha e been doing for more than years then the shipment loses its country of origin status although it has come from Germany Italy or rance. he Irish company that buys the goods from the UK distributor has to pay the full rate of duty as if the shipment had come from hina merica or ustralia e en though the country of origin stamp on the product is from Germany Italy or rance. he company has to pay the full rate of duty. he officials in e enue in osslare cannot understand why that is
a e counterparts, stakeholders and usinesses to prepare them in respect of pro idin ad ance the case. he answer gi en is that it is preferential treatment and it has been lost by notification to the UK’s import of product, animals, food and feed system A as well as e port the e porter in transition from the uropean Union to the UK. I cannot understand health certifications to the UK authorities. how simply because a shipment came through a wholesaler in the UK it cannot hold its uropean Union origin status. he position is that because the customer in he ommittee a reed that while the on oin en a ement etween customs a encies and Ireland has bought it from a UK distributor the customer has to pay the full rate of usinesses is ital to ensure ade uate preparation for any future impacts, usinesses must also take duty again.” the initiati e in streamlinin processes around the accuracy of documentation. e eral stakeholders emphasised that inaccurate customs documentation creates delays at ports and the ommittee he Committee noted that while usinesses prepared for the introduction of new customs rules and a reed that usinesses ha e a si nificant role in creatin an efficient process y ensurin accuracy documentation, the issues around the rules of origin were largely unanticipated and ha e pro ed to and simplifyin truck loads. Ms. a el heridan, epartment of A riculture, ood and Marine stated e far more challenging than e pected. In the earlier months of the UK’s withdrawal, Mr. Paul Kelly, that ood rink Ireland, highlighted the significant impact the rules of origin were ha ing on the food and drink sector and therefore, the Irish consumer. he Committee noted that flour is a ma or concern in “Now that businesses are becoming more familiar with what needs to be checked this regard and which agency needs to carry out the checks perhaps they could consider streamlining and simplifying their trucks. hat is not easy to do in the early days “There is no industrial milling capacity in the Republic of Ireland and all flour for the because these are comple supply chains but going forward it would help to speed plant bakeries is imported. he ma ority of that comes from ritain. he up the transit of trucks through the port facilities. nother step that businesses can specification for much of the flour we import has a anadian wheat content in take to streamline the process is related to getting documentation in ad ance and e cess of . his e ceeds the tolerance le el in the rules of origin and the full ensuring it is accurate. hat too will help to speed up the processes. ery load we tariff of €172 per tonne is imposed, which is equivalent to a 50% price increase on a deal with that has problems slows down e erything so there is a ery important tonne of flour. econd many companies ha e e ol ed supply chains that stretch to role for businesses in that regard.” the ontinent and utilise ritish distribution hubs to ser e the Irish market. his model reflects the most cost effecti e way for many companies to ser e the small he ommittee emphasised the importance of maintainin a post re it tradin relationship with and physically distant Irish market but under the rules of origin they now face the UK and noted that a hu e proportion of work has een achie ed y those workin in the ports paying a full tariff on goods despite them originating in the U. o date some of the and haulage sector to limit the implications of the UK’s withdrawal on Ireland’s trade flows. While more immediate solutions such as returned goods relief are comple and costly to impro ements continue and work is on oin in this area for customs a encies and those workin in administer.” the sector, the ommittee a reed further e amination will need to e i en to this area in the Autumn sessions in li ht of the UK o ernment decision to e tend the implementation date for the he Committee acknowledged that such issues could significantly impact the a erage consumer for introduction of custom checks. e ample, where the cost of read would increase due to the tariffs paid on flour that e ceeds the tolerance le el in the rules of origin – and Members agreed that an examination of Ireland’s e es o r manufacturing capa ilities could e looked at as a potential solution to such issues. owe er, the he Committee agreed that the full impacts of the UK’s withdrawal from the EU will take time to fully Committee agreed that more practical solutions to the rules of origin issue would e necessary as the come to li ht and that new information and discussions are on oin . his is e ident followin the issue affects many other areas of trade. emer ence of the unforeseen issues with the rules of ori in, an area which the ommittee intends to e amine further for its final report. he ommittee acknowled ed the comple ity of the rules of he Committee agreed that a num er of all island, cross order sectors are disproportionately ori in on trade that mo es throu h the UK and the costly tariffs associated with this and noted that, affected y the rules of origin issues particularly companies in the dairy and whiskey industries. r. in relation to costs, the urden of difficulty will fall primarily on MEs. he ommittee also Colm arkey, E highlighted that much of the concern lies in produce that is manufactured and or acknowled ed the stakeholder iew that some usinesses are likely to a oid the customs procedures processed etween oth urisdictions, north and south of the order. r. arkey further ad ised and rules of ori in y transportin oods direct to and from continental Europe to reland due to the that costs associated with transportin ia the UK or from UK distri ution centres. Mr. amien Roche, “The problem arises when these products are exported to third countries. If the R , outlined that these costs were of ma or concern for importers product is sourced entirely in the epublic it is classed as of U origin and benefits “If a shipment is bought in Germany by a UK company distributor and an Irish from lower tariffs as a result of U trade agreements. ikewise the same product company buys from that UK distributor something the company may ha e been sourced in Northern Ireland ualifies for UK trade agreements. ut where the doing for more than years then the shipment loses its country of origin status product is sourced on both sides of the border its status is not clear and it may although it has come from Germany Italy or rance. he Irish company that buys ualify as neither and therefore be sub ect to higher tariffs thus undermining the the goods from the UK distributor has to pay the full rate of duty as if the shipment idea of an all island economy.” had come from hina merica or ustralia e en though the country of origin r. William a elle, Irish Whiskey ssociation stated that goods that are affected include those that stamp on the product is from Germany Italy or rance. he company has to pay the are produced primarily in this tate ut ha e some le el of northern Irish input. In many cases, this full rate of duty. he officials in e enue in osslare cannot understand why that is could e on the processing side, such as whiskey that is distilled in orthern Ireland and matured or
a e age
bottled o er the order. he ommittee noted that these mixed origin goods lose their U originating status under all U trade agreements with international mar ets and signifi ant tariffs are im osed for trade with ountries outside of the U and UK, otentially ma ing om anies un iable. Mr. a elle stated that the Proto ol on Ireland and orthern Ireland needs to be rote ted as it rote ts the ross order su ly hains from tariffs and he s. owe er, it was also highlighted that, due to the rules of origin issues, su ly hains are struggling with ex orts to ertain ountries and this ould ha e a signifi ant im a t on the shared island e onomy “In real terms Irish whiskey produced completely in this urisdiction has a tariff going to outh frica. outh frica is a top ten market. orthern Irish whiskey produced in orthern Ireland has a tariff under the agreement. owever if there is a lend of whiskey from distilleries orth and outh or if there is whiskey distilled in the orth and matured in a onded warehouse over the order that attracts a tariff of cent per litre.”
he ommittee a nowledged the diffi ulty the rules of origin im ose on the whis ey industry and noted that of Irish whis ey was ex orted in . In relation to the dairy industry, the ommittee noted that o er of dairy on the island of Ireland is ex orted with an ex ort alue of . billion euro. Mr. onor Mul ihill, airy Industry Ireland, highlighted the im ortan e of re ognising that mil a ross the island is mixed for arious ur oses in luding butter, heese, infant formula, s e ialised and medi al foods. s a huge ro ortion of mil mo es from orth to outh of the border and i e ersa for ro essing, it loses its originating status. hile the Proto ol rote ts these rodu ts in Ireland, the UK and the U, the ommittee noted the issues in relation to the dairy industry’s large area of global ex orts.
r. Mi e ohnston, airy oun il for orthern Ireland, stated strong su ort for the Proto ol, and that notwithstanding that there are elements of the Proto ol that need to be fixed, it has allowed trade flows and the mo ement of goods to ontinue by and large. r. ohnston highlighted that all island mixing, ro essing and manufa turing of dairy rodu ts ha e existed for more than years and are fa ilitated by the ood riday greement.
he ommittee noted that the dairy industry is uite uni ue and that orthern Ireland does not ha e a fa ility for segregating mil and that to ro ide su h a fa ility would re uire signifi ant in estment. ue to the la of ro essing a a ity, around a third of the mil rodu ed in orthern Ireland is trans orted outh of the order for ro essing and manufa turing into a range of rodu ts whi h are then sold on to arious third ountry ex ort mar ets. he ommittee agreed that the er entage of ex orts that ould in ur additional tariffs as a result of the rules of origin “anomaly” is very high for the Irish dairy and drin s industry. r. ohnston e hoed the iews of witnesses from the Irish his ey sso iation and Irish airy Industry stating that
“We need the political will and political decision to say that a mixed origin product that is manufactured in the epu lic is designated is an E product. If we get to that stage with that political decision having een taken it then ecomes a case for civil servants within the ommission. opefully they will then work with the industry throughout Ireland to determine which free trade agreements T s we need to tackle first. Then we can see if we can get a plan together.”
Mr. olm Mar ey M P highlighted that a further issue ould arise in relation to rodu ts of mixed origin whereby a rodu t that is not eligible for third ountry trade agreements may also not be eligible for “intervention type supports if needed” in the future as the rodu t may not be “European produce”. he ommittee agreed that larity is needed in relation to this so that solutions an be wor ed towards. Page bottled o er the order. he ommittee noted that these mixed origin goods lose their U originating status under all U trade agreements with international mar ets and signifi ant tariffs are he o ittee a no ledged the need for a solution to the diffi ulties that have arisen for o anies im osed for trade with ountries outside of the U and UK, otentially ma ing om anies un iable. that anufa ture i ed origin rodu e and agreed that a ne a roa h to the rules of origin for su h Mr. a elle stated that the Proto ol on Ireland and orthern Ireland needs to be rote ted as it industries ay be ne essary. he o ittee noted that re resentatives fro the his ey and il rote ts the ross order su ly hains from tariffs and he s. owe er, it was also highlighted industries alled for the uro ean o ission to onsider ne rules of origin that rote t ross border that, due to the rules of origin issues, su ly hains are struggling with ex orts to ertain ountries su ly hains on the island in all future free trade agree ent negotiations and revie s of e isting free trade agree ents. o ever o issioner uinness stated that hanging the rules of origin and this ould ha e a signifi ant im a t on the shared island e onomy would be “pro lematic”. “In real terms Irish whiskey produced completely in this urisdiction has a tariff going to outh frica. outh frica is a top ten market. orthern Irish whiskey The Committee also noted that the European Commission “stated that they do not intend to review produced in orthern Ireland has a tariff under the agreement. any existing E trade agreements on the ack of rexit” and that in the ase of urrent negotiations owever if there is a lend of whiskey from distilleries orth and outh or if there for an ustralia agree ents the o ission have ro osed the sa e rules of origin as they have the ast years and “and do not take account of rexit and the realities of the Irish all island is whiskey distilled in the orth and matured in a onded warehouse over the economy.” he o ittee noted that the overn ent have e ressed a illingness to rote t order that attracts a tariff of cent per litre.” their ‘export with EU inputs’ and have agreed that EU inputs continue to have UK originating status he ommittee a nowledged the diffi ulty the rules of origin im ose on the whis ey industry and and as su h rote t ross border su ly hains on the island. n light of this r. avelle highlighted noted that of Irish whis ey was ex orted in . In relation to the dairy industry, the ommittee that the rish overn ent needs “to champion” the need for refor of the rules of origin at level noted that o er of dairy on the island of Ireland is ex orted with an ex ort alue of . billion to rote t the all island e ono y and en ourage its gro th. r. ol ar ey e hasised the euro. Mr. onor Mul ihill, airy Industry Ireland, highlighted the im ortan e of re ognising that mil need for greater engage ent to resolve the issue and stated that a ross the island is mixed for arious ur oses in luding butter, heese, infant formula, s e ialised and medi al foods. s a huge ro ortion of mil mo es from orth to outh of the border and i e ersa “ t the moment it would seem that the overnment are doing more to sort out for ro essing, it loses its originating status. hile the Proto ol rote ts these rodu ts in Ireland, the this issue than the E and I elieve that the Irish overnment must take a lead in UK and the U, the ommittee noted the issues in relation to the dairy industry’s large area of global ensuring that the E takes a pragmatic approach when negotiating new trade ex orts. agreements or reviewing existing ones.”
r. Mi e ohnston, airy oun il for orthern Ireland, stated strong su ort for the Proto ol, and that r. iar n uffe e hasised that a la of illingness to engage has reated a bigger roble notwithstanding that there are elements of the Proto ol that need to be fixed, it has allowed trade in relation to the and i ed origin rodu ts and that solutions an be found. r. uffe e ressed flows and the mo ement of goods to ontinue by and large. r. ohnston highlighted that all island on ern that legally binding agree ents are being under ined and that engaging ith and mixing, ro essing and manufa turing of dairy rodu ts ha e existed for more than years and are ollaborating on the i le entation of the easures ithin the agree ents ill allo for eaningful fa ilitated by the ood riday greement. rogress to be ade in relation to these issues and future free trade agree ents.
he ommittee noted that the dairy industry is uite uni ue and that orthern Ireland does not ha e he o ittee agreed that any of the issues arising out of the rules of origin ould be resolved a fa ility for segregating mil and that to ro ide su h a fa ility would re uire signifi ant in estment. ra ti ally ith ti e and ith ollaborative or . o ever nter rise reland highlighted that the ue to the la of ro essing a a ity, around a third of the mil rodu ed in orthern Ireland is solution to the issues asso iated ith the rules of origin ill not be straightfor ard and ill re uire trans orted outh of the order for ro essing and manufa turing into a range of rodu ts whi h are invest ent to su ort o anies that are i a ted by re it. he o ittee agreed that then sold on to arious third ountry ex ort mar ets. he ommittee agreed that the er entage of identifying ho businesses an be su orted to eet the hallenge of su ly hain ad ust ents ill ex orts that ould in ur additional tariffs as a result of the rules of origin “anomaly” is very high for need to be e a ined further. the Irish dairy and drin s industry. r. ohnston e hoed the iews of witnesses from the Irish his ey sso iation and Irish airy Industry stating that n light of the any hallenges fa ing the trade se tor on a broader s ale the o ittee agreed that greater engage ent bet een the institutions the and reland ill be re uired on an ongoing “We need the political will and political decision to say that a mixed origin product basis. he o ittee noted that ithin the there is an infrastru ture of o ittees to resolve that is manufactured in the epu lic is designated is an E product. If we get to that issues arising in relation to trade. r. arry ndre s stated that of o ittees under the stage with that political decision having een taken it then ecomes a case for civil oint artnershi oun il of those are s e ialised trade o ittees. o ever the o ittee servants within the ommission. opefully they will then work with the industry noted that an o ittee hi h ould hel to resolve the ongoing negotiations around issues throughout Ireland to determine which free trade agreements T s we need to with SPS checks “has not even een convened never mind formed properly.” urther ore the tackle first. Then we can see if we can get a plan together.” o ittee noted the vie s of r. ohnston ho advised that the establish ent of a foru to
a tively onsider the issues around the rules of origin ould be el o e. Mr. olm Mar ey M P highlighted that a further issue ould arise in relation to rodu ts of mixed origin whereby a rodu t that is not eligible for third ountry trade agreements may also not be eligible e ro o o o re d d or er re d for “intervention type supports if needed” in the future as the rodu t may not be “European produce”. he roto ol on reland orthern reland has been an area of i ed vie s oliti ally and has been he ommittee agreed that larity is needed in relation to this so that solutions an be wor ed towards. the subject of ongoing negotiations between the UK and the EU since the UK’s withdrawal on 31 Page age
ecember. The Committee agreed that the Protocol is of critical importance to the shared island econom and noted the stakeholder view that the full value of the Protocol has et to be seen until it is full implemented. hile the Committee acknowledged the political issues with the Protocol s. Emma Sheerin stated that without rexit there would be no Protocol and that “rather than going o er old ground, we are better to recognise that we are where we are and to tr to see how we can minimise the difficult and the impact on the local communities that we represent.”
r. ohn c rane ritish rish Chamber of Commerce highlighted that the Protocol while not perfect offers businesses in orthern reland the abilit to maintain trade on all sides as well as potential for further business development though a pragmatic and collaborative approach to the Protocol is necessar to ensure best outcomes
“For the Northern Ireland protocol to work, North– outh co operation is essential. o this end, we would urge all participants to be proacti e in all North outh bodies such as the North outh inisterial ouncil. e would also maintain our iew that if –Ireland trade is to grow and prosper, it is important that the ritish Irish Intergo ernmental onference, meets regularl and that business and ci ic societ ha e an opportunit to feed into these important dialogues. I might mention, through our board membership of a wonderful organisation called the ritish Irish ssociation, an apolitical, communit focused organisation chaired b our good friend ugo acNeill, that we look forward to being central to the bringing of business to the con ersation, in wa s that are perhaps o erdue for ideas, pragmatic engagement and in estment, that business should be rightl asked to bring in the resolution of political challenge.”
The Committee agreed that one of the most important benefits of the Protocol is that it avoids a ph sical border on the island of reland. owever the Committee acknowledged that the border in the rish Sea between orthern reland and ritain that now exists is not the ideal outcome and acknowledged the views of r. oug eattie who highlighted that the Protocol from a Unionist standpoint damages the ood rida greement “...e en when ou fi all the small issues, the fact remains that, within our countr of the nited ingdom, we ha e a border. Fi ing the small issues is not going to fi that. I sa that as someone who oted emain. I oted emain and wanted to remain, but I ha e not stopped being a unionist ust because I did not get m wa . I am still a unionist, and it is the union of Northern Ireland and reat ritain that makes up the nited ingdom. omebod has put a border in between the two. ou are therefore absolutel right we will not rest until the rotocol is gone and got rid of. en the ote in four ears does not allow us to get rid of the rotocol. It allows us onl to get rid of articles to of the rotocol, for something else to be reinserted two ears after that. hat will be in .
It is about tr ing to come up with something that better meets the aspirations of people in Northern Ireland, regardless of what communit the come from. here are alternati es out there, but those ha e not been looked at. I am concerned that people thought that the were ust too difficult and thus got rid of them, because the were too worried about iolence along the border. he were not worried about iolence in arne, all mena or an where else, ust along the border. hat is m concern, but ou are right until the protocol is gone, unionists probabl will not stop shouting.”
Page
ecember. The Committee agreed that the Protocol is of critical importance to the shared island The Committee recognised that there are starkl differing views in relation to the Protocol on reland econom and noted the stakeholder view that the full value of the Protocol has et to be seen until and orthern reland particularl among the Unionist communit and the epublic and embers it is full implemented. hile the Committee acknowledged the political issues with the Protocol noted the Unionist view that “North outh cooperation is being damaged” by a Protocol that is not s. Emma Sheerin stated that without rexit there would be no Protocol and that “rather supported. owever the Committee noted the stakeholder view that while there is disagreement than going o er old ground, we are better to recognise that we are where we are and to tr to see with the Protocol in the political realm viable alternatives have not been presented and how we can minimise the difficult and the impact on the local communities that we represent.” Commissioner airead c uinness highlighted the need to envisage what the implications would be without the Protocol being in place and it must be acknowledged that trade flows will no longer r. ohn c rane ritish rish Chamber of Commerce highlighted that the Protocol while not carr the same benefits as the had pre rexit. perfect offers businesses in orthern reland the abilit to maintain trade on all sides as well as potential for further business development though a pragmatic and collaborative approach to the The Committee acknowledged the difficulties with the Protocol and r. Colin c rath Protocol is necessar to ensure best outcomes highlighted the potential pitfalls going forward for those in orthern reland
“For the Northern Ireland protocol to work, North– outh co operation is essential. “ hile the ma be able to discuss trade deals with other countries on a o this end, we would urge all participants to be proacti e in all North outh bodies technicalit , we in the North should be allowed to benefit from that because of the such as the North outh inisterial ouncil. e would also maintain our iew that connection to the . he rotocol means that some of those products and trade if –Ireland trade is to grow and prosper, it is important that the ritish Irish impacts will not benefit the North. here will be the potential for some confab there. Intergo ernmental onference, meets regularl and that business and ci ic societ For e ample, if there is some form of trade deal with rgentina o er meat or ra il ha e an opportunit to feed into these important dialogues. I might mention, o er coffee, those goods might be able to come into the , but the uestion under through our board membership of a wonderful organisation called the ritish Irish the rotocol is whether the will be able to mo e into the North. here is a chance ssociation, an apolitical, communit focused organisation chaired b our good that we ma not benefit from trade deals in the future and that ma lea e us with a friend ugo acNeill, that we look forward to being central to the bringing of deficit. business to the con ersation, in wa s that are perhaps o erdue for ideas, he er alid point was made that if these decisions are to be taken in two, four or pragmatic engagement and in estment, that business should be rightl asked to si ears time, now is the time to do the planning. e saw what happened in the bring in the resolution of political challenge.” negotiations when a decision was e entuall taken on hristmas e which ga e The Committee agreed that one of the most important benefits of the Protocol is that it avoids a businesses se en da s to prepare for what was coming. hat is no use to businesses. ph sical border on the island of reland. owever the Committee acknowledged that the border in he need binoculars to be able to look a ear or two ahead in order to get their the rish Sea between orthern reland and ritain that now exists is not the ideal outcome and s stems in place. herefore, it is incumbent on e er one, when the look at acknowledged the views of r. oug eattie who highlighted that the Protocol from a problems and issues in the future, that we start to plan for those changes today.” Unionist standpoint damages the ood rida greement The Committee agreed that while imperfect the Protocol and the withdrawal agreement must be “...e en when ou fi all the small issues, the fact remains that, within our countr protected and that increased engagements between Parliamentar Committees and bodies orth of the nited ingdom, we ha e a border. Fi ing the small issues is not going to fi and South would be greatl beneficial to ensuring the implications as a result of rexit are minimal. that. I sa that as someone who oted emain. I oted emain and wanted to t was also agreed that there is a need to look forward and for the EU and the overnments in remain, but I ha e not stopped being a unionist ust because I did not get m wa . I reland and the UK to be proactive in working together to resolve the difficulties with trade between am still a unionist, and it is the union of Northern Ireland and reat ritain that reland and orthern reland. Extensions of grace periods have provided additional time for this to makes up the nited ingdom. omebod has put a border in between the two. ou help minimise the impacts of rexit on communities and businesses. r. Cillian ollo ritish rish are therefore absolutel right we will not rest until the rotocol is gone and got rid Chamber of Commerce echoed the need for collaboration and support on a political level of. en the ote in four ears does not allow us to get rid of the rotocol. It allows particularl in relation to businesses trading across reland orthern reland and reat ritain. r. us onl to get rid of articles to of the rotocol, for something else to be ollo highlighted that businesses are committed to the Protocol and making it work and that there reinserted two ears after that. hat will be in . is a need to “depoliticise” it and to find solutions to support businesses in the face of the challenges of Covid 1 and rexit. This view was echoed b representatives from the dair and whiske industr It is about tr ing to come up with something that better meets the aspirations of with r. ike ohnston stating that businesses in the agrifood sector would be “a lot worse off than people in Northern Ireland, regardless of what communit the come from. here the are at the moment” without the Protocol. While the Protocol “needs to be tweaked” are alternati es out there, but those ha e not been looked at. I am concerned that stakeholders agreed that there is a need for it to remain. people thought that the were ust too difficult and thus got rid of them, because the were too worried about iolence along the border. he were not worried The Committee agreed that in order to allow businesses achieve their greatest potential in reland about iolence in arne, all mena or an where else, ust along the border. hat is and orthern reland there is a need to work with the Protocol to find practical workable solutions m concern, but ou are right until the protocol is gone, unionists probabl will not to issues and make it more efficient. r. Ciar n Cuffe EP emphasised that much of the narrative stop shouting.” surrounding the Protocol is not helpful and echoed the need for better engagement and cooperation in relation to the Protocol Page Page
“It is deeply worrying to hear constant statements from London that the Northern Ireland rotocol is not s staina le and fit for p rpose. It is also concerning that the previo sly agreed pon grace periods are e tended witho t any prior notice to the ommission. s seen in arch with the grace period e tension of the anitary and hytosanitary controls that foc s on e port health certificates the movement of goods s ch as chilled meats meat prod cts and medicines parcels and pet travel from the UK to Northern Ireland. nd more recently this past wee s s rprise delay of chec s on pets travelling etween Northern Ireland and the UK e tended ntil cto er . here may well e gro nds for s ch e tensions. owever the lac of notice com ined with the nwillingness from the UK to meaningf lly engage in a road map to implementation of the Northern Ireland rotocol does not show good faith from o r closest neigh o r to an agreement they negotiated and signed p to. ch grandstanding only e acer ates e isting sensitivities in Northern Ireland that have arisen from alancing the ood riday greement with re it and the Northern Ireland rotocol. erhaps a little less ideology from the UK government and little more cooperation is needed.”
While ac nowledging the growing political tensions in relation to the Protocol the o ittee noted that the vote on the Protocol in four years could e acerbate the tensions in orthern reland and agreed that the Protocol is already being seen as a ca paign issue. o issioner c uinness highlighted that while increased tensions do e ist there is a political responsibility in reland orthern reland the U and the U to da pen and “deflate” those tensions through consistent engage ent and dialogue. he o ittee agreed that while there is a co unity that does not support the Protocol it ust be ac nowledged that a significant proportion of businesses and co unities in orthern reland do support it and want ti e to wor with and i prove it to itigate the i pacts of re it.
Mr. Dáithí O’Ceallaigh hair of the nstitute of nternational uropean ffairs U roup highlighted that while there are conflicting views regarding the issues with the Protocol the issues can be resolved. he o ittee noted that there are a nu ber of technical issues in the Protocol and that many of them “can e resolved technically” but agreed that there will be further difficulty in relation to health and veterinary standards. Mr. O’Ceallaigh advised that veterinary agreements are in place with the U and other third countries such as wit erland and ew ealand and that if an agree ent between the U and U was reached it would provide a solution to all the “pro lems with regard to food pets etc to disappear immediately”.
o issioner c uinness re e phasised the i portance of better engage ent to fully i ple ent the Protocol and highlighted the challenges faced with the lac of i ple entation by the U . he o issioner stated that there are good agree ents and there needs to be fle ibility to i ple ent the in order to provide solutions. his was particularly relevant around the area of P products and the rules of origin whereby a te porary arrange ent could suffice while negotiations go on. While the U is currently still co plying with the P fra ewor it was a part of until anuary it will diverge. he o issioner advised that while the o ission respects that the U ay wish to diverge from the standards in the future, a temporary agreement could offer a “calming sol tion” for the tensions currently noted in orthern reland and “give s that space for them to help their sinesses and citi ens in Northern Ireland and ta e the tension o t of these chec s.”
he o ittee once again noted that discussions around the Protocol and in particular the area of P chec s are ongoing and agreed that further engage ent would be re uired in relation to this area in the utu n sessions. Page
“It is deeply worrying to hear constant statements from London that the Northern 2.1 Citizens’ Rights or er re d os re Ireland rotocol is not s staina le and fit for p rpose. It is also concerning that the lthough much of the focus surrounding re it and the rotocol on reland and orthern reland has previo sly agreed pon grace periods are e tended witho t any prior notice to the been on trade and businesses, the Committee agreed that in e ploring the impacts of re it, an ommission. s seen in arch with the grace period e tension of the anitary and examination of citizens’ rights and the impact on communities in orthern reland is an important hytosanitary controls that foc s on e port health certificates the movement aspect of the Committee’s work. he Committee ac nowledged that not all implications as a result of goods s ch as chilled meats meat prod cts and medicines parcels and pet of re it have yet emerged, with many issues being “masked” as a result of Covid restrictions and travel from the UK to Northern Ireland. nd more recently this past wee s s rprise Members agreed that there must be collaboration on both sides to protect the rights of citi ens in delay of chec s on pets travelling etween Northern Ireland and the UK e tended orthern reland as further implications arise. ntil cto er . here may well e gro nds for s ch e tensions. owever the lac of notice com ined with the nwillingness from the UK to meaningf lly Members of the orthern reland Assembly’s Committee for the ecutive Office highlighted engage in a road map to implementation of the Northern Ireland rotocol does significant concerns regarding citizens’ rights in Northern Ireland following Brexit and emphasised not show good faith from o r closest neigh o r to an agreement they that there are many rights that were protected and dependent on directives that will no longer negotiated and signed p to. ch grandstanding only e acer ates e isting apply, for e ample, the decision of the not to incorporate the Charter of undamental ights sensitivities in Northern Ireland that have arisen from alancing the ood riday into domestic law. he Committee also noted that the overnment is underta ing a review of the uman ights ct and agreed that this is an area that will re uire consistent communication and greement with re it and the Northern Ireland rotocol. erhaps a little less discussion between the Governments in Ireland and Northern Ireland to ensure citizens’ rights ideology from the UK government and little more cooperation is needed.” remain protected. While ac nowledging the growing political tensions in relation to the Protocol the o ittee noted ta eholders emphasised that the area around citizens’ rights is becoming more and more complex that the vote on the Protocol in four years could e acerbate the tensions in orthern reland and as the implications of re it become more apparent. he Committee noted that rticle of the agreed that the Protocol is already being seen as a ca paign issue. o issioner c uinness rotocol on reland and orthern reland contains provisions that set out the UK Governments “no highlighted that while increased tensions do e ist there is a political responsibility in reland diminution” commitment for the protection of certain citizens’ e uality and human rights after orthern reland the U and the U to da pen and “deflate” those tensions through consistent re it. rticle of the protocol states that engage ent and dialogue. he o ittee agreed that while there is a co unity that does not support the Protocol it ust be ac nowledged that a significant proportion of businesses and “The UK shall ensure that no diminution of rights, safeguards or equality of co unities in orthern reland do support it and want ti e to wor with and i prove it to itigate opportunity, as set out in that part of the greement entitled ights, the i pacts of re it. afeguards and quality of pportunity results from its ithdra al from the Union, including in the area of protection against discrimination, as enshrined in the Mr. Dáithí O’Ceallaigh hair of the nstitute of nternational uropean ffairs U roup pro isions of Union la listed in nne to this rotocol, and shall implement this highlighted that while there are conflicting views regarding the issues with the Protocol the issues paragraph through dedicated mechanisms.” can be resolved. he o ittee noted that there are a nu ber of technical issues in the Protocol and that many of them “can e resolved technically” but agreed that there will be further difficulty in he uality Commission of orthern reland C and the orthern reland uman ights relation to health and veterinary standards. Mr. O’Ceallaigh advised that veterinary agreements are Commission C oint submission to the Committee sets out the rights as mentioned above in place with the U and other third countries such as wit erland and ew ealand and that if an within the ood riday greement as follows agree ent between the U and U was reached it would provide a solution to all the “pro lems • with regard to food pets etc to disappear immediately”. the right to freedom and e pression of religion • the right to pursue democratically national and political aspirations o issioner c uinness re e phasised the i portance of better engage ent to fully i ple ent • the right to see constitutional change by peaceful and legitimate the Protocol and highlighted the challenges faced with the lac of i ple entation by the U . he means o issioner stated that there are good agree ents and there needs to be fle ibility to i ple ent • the right to freely choose one’s place of residence; the in order to provide solutions. his was particularly relevant around the area of P products • the right to e ual opportunity in all social and economic activity, and the rules of origin whereby a te porary arrange ent could suffice while negotiations go on. • regardless of class, creed, disability, gender or ethnicity While the U is currently still co plying with the P fra ewor it was a part of until anuary it will • the right to freedom from sectarian harassment diverge. he o issioner advised that while the o ission respects that the U ay wish to • the right of women to full and e ual political participation diverge from the standards in the future, a temporary agreement could offer a “calming sol tion” for • the right of victims to remember as well as to contribute to a changed society the tensions currently noted in orthern reland and “give s that space for them to help their • respect, understanding and tolerance in relation to linguistic diversity and • sinesses and citi ens in Northern Ireland and ta e the tension o t of these chec s.” the need to ensure that symbols and emblems are used in a manner which promotes mutual respect rather than division. he o ittee once again noted that discussions around the Protocol and in particular the area of nder the protocol, the commitment ensures that neither the orthern reland ssembly nor the P chec s are ongoing and agreed that further engage ent would be re uired in relation to this orthern reland ecutive can act in a way that is incompatible with the rticle Commitment. area in the utu n sessions. Page age
hree Commissions Irish uman ights and uality Commission I C CNI and NI C are responsible for advising Government and the oversight of the implementation of the UK Government commitment takeholders stated that some of the rights as set out in the protections of Article of the rotocol on Ireland and Northern Ireland are not currently being upheld and that the implications of the UK’s withdrawal are now emerging r aniel older Committee on the Administration of ustice outlined to the Committee that the UK is considered to be in default of the non diminution commitment in a number of areas in the initial weeks following Brexit hese areas included ci il ser ice nationality rules democratic rights for oth U and rish citi ens in the orth family reunification and the cut off date for the U settlement scheme loss of U rights and enefits for rish citi ens specifically in the orth and frontier or ers.” r es Allamby NI C outlined that one of the key issues following the UK withdrawal is around UK immigration and nationality law “The British Nationality Act assumes everyone born in the UK (su ect to e ceptions is orn ritish and a ritish citi en. This again does not sit easily ith the right to identify as ritish or rish or oth ithout, in practice, ad erse consequences. The issue came up in the mma and a e e ou a case and as e entually resol ed with a short term, quick fix to allow family reunion tied to the UK’s EU Settlement scheme which will apply up until 30 June 2021. This contrasts with Theresa May’s speech in Belfast on 5 February 2019 where the (then) Prime Minister said ‘serious concerns ha e een raised a out ho the UK immigration rules treat citi ens hen e ercising their rights under the greement to e rish. The irth right to identify and e accepted as ritish, rish or oth, and to hold ritish and rish citi enship is a solutely central to the elfast ood riday greement . o e er, in some cases recently, people ha e encountered difficulties in securing their rights as rish citi ens to ring in family mem ers. o ha e as ed the ome ecretary, or ing closely ith the ecretary of tate for orthern reland to re ie these issues urgently to deli er a long term solution consistent ith the letter and spirit of the elfast ood Friday Agreement’.”
he Committee noted the complexity of this issue and acknowledged that the e ouza case on the right to identify as British or Irish in Northern Ireland remains largely unresolved and noted the deadline for the U ettlement cheme on une embers agreed with the stakeholder view that public consultation to ascertain the full impacts on the daily lives of those living in Northern Ireland would be useful for informing future policy decisions
he Committee agreed that there are numerous issues that may arise through cross border travel on the island and stakeholders pointed to issues for permanent residents arising from the removal of the U free movement law as a result of Brexit r older stated that
“One of the issues is the gap created by the removal of EU free mo ement la as a result of re it. There ha e een attempts y oth states to plug that through hat is termed, and hat is a post re it in ention, the reciprocal rights of the common tra el area. That as more to deal ith the situation of rish citi ens in ritain and ritish citi ens in the U ithin the tate, rather than the equality of treatment pro isions in the ood riday greement, hich are much more e tensi e in ensuring equality et een rish and ritish citi ens and hich has een underpinned y U la . ne of the ad erse effects of the e ercise of codifying things and the common tra el area agreement rights is that ecause of the ay it has een done it 2 age
hree Commissions Irish uman ights and uality Commission I C CNI and NI C are is largely restricted to British and rish citi ens, which means others who are responsible for advising Government and the oversight of the implementation of the UK permanent residents in the Border counties do not fit into those arrangements. Government commitment cannot recall off the top of my head whether it does, but if the memorandum of takeholders stated that some of the rights as set out in the protections of Article of the rotocol understanding, MOU, provides for continued arrangements for cross Border on Ireland and Northern Ireland are not currently being upheld and that the implications of the UK’s schooling, there are hundreds of children who cross the Border yet there is an withdrawal are now emerging r aniel older Committee on the Administration of ustice attempt within the MOU to restrict that to British and rish citi ens. The question is outlined to the Committee that the UK is considered to be in default of the non diminution then, what about everyone else hat about Polish kids who live in onegal and commitment in a number of areas in the initial weeks following Brexit hese areas included ci il attend school in erry, etc ow is that underpinned?” ser ice nationality rules democratic rights for oth U and rish citi ens in the orth family reunification and the cut off date for the U settlement scheme loss of U rights and enefits for rish citi ens specifically in the orth and frontier or ers.” r es Allamby NI C outlined that one of the key issues following the UK withdrawal is around UK immigration and nationality law “The British Nationality Act assumes everyone born in the UK (su ect to e ceptions with the UK’s is orn ritish and a ritish citi en. This again does not sit easily ith the right to – identify as ritish or rish or oth ithout, in practice, ad erse consequences. The issue came up in the mma and a e e ou a case and as e entually resol ed with a short term, quick fix to allow family reunion tied to the UK’s EU Settlement scheme which will apply up until 30 June 2021. This contrasts with Theresa May’s speech in Belfast on 5 February 2019 where the (then) Prime Minister said ‘serious “An EU citi en or non visa national such as a Bra ilian residing in onegal who up concerns ha e een raised a out ho the UK immigration rules treat citi ens hen until now has been able to freely enter across the land border will no longer be able e ercising their rights under the greement to e rish. The irth right to identify to do so, although the Border will be invisible because there will be no checks as and e accepted as ritish, rish or oth, and to hold ritish and rish citi enship is such or at least none are planned to date. f such a person was captured by an in a solutely central to the elfast ood riday greement . o e er, in some cases country check, he or she could unwittingly find himself or herself in irregular status recently, people ha e encountered difficulties in securing their rights as rish citi ens and could face arrest, detention and deportation, which are some of the most to ring in family mem ers. o ha e as ed the ome ecretary, or ing closely serious sanctions available. A number of MPs have raised the issue of how it is ith the ecretary of tate for orthern reland to re ie these issues urgently to intended that this system will apply in the common travel area but there has been deli er a long term solution consistent ith the letter and spirit of the elfast ood no response we are aware of from the UK overnment. ertainly nothing in the Friday Agreement’.” policy paper that was published today deals with the specific circumstances of local journeys across the land border.” he Committee noted the complexity of this issue and acknowledged that the e ouza case on the right to identify as British or Irish in Northern Ireland remains largely unresolved and noted the deadline for the U ettlement cheme on une embers agreed with the stakeholder view that public consultation to ascertain the full impacts on the daily lives of those living in Northern Ireland would be useful for informing future policy decisions he Committee agreed that there are numerous issues that may arise through cross border travel on the island and stakeholders pointed to issues for permanent residents arising from the removal of the U free movement law as a result of Brexit r older stated that that following the UK’s withdra “One of the issues is the gap created by the removal of EU free mo ement la as a result of re it. There ha e een attempts y oth states to plug that through hat is termed, and hat is a post re it in ention, the reciprocal rights of the common tra el area. That as more to deal ith the situation of rish citi ens in ritain and ritish citi ens in the U ithin the tate, rather than the equality of treatment pro isions in the ood riday greement, hich are much more e tensi e in “ t is a set of agreements that we believe are not strong enough for what we are ensuring equality et een rish and ritish citi ens and hich has een underpinned currently facing. As the Brexit process has unfolded and we have seen threats to the y U la . ne of the ad erse effects of the e ercise of codifying things and the rule of law, it underpins that we need a very clear legislative footing for the common common tra el area agreement rights is that ecause of the ay it has een done it 2 age 21
tra el area. s the hair an identi ied the other issues relatin to that are the challen es aced by those citi ens in reland ho are not or rish citi ens and are there ore not co ered by the co on tra el area and the threat to their reedo s. hat is de initely an area o concern. lon ith the cross order o e ent the other issue ould raise is the potential or racial pro ilin .”
he o ittee agreed that nder inning the in legislation wo ld offer larit and a oid n ertaint in the long ter e ers also e ressed on ern regarding the in reased in iden es of ra ial rofiling ta ing la e on the order and agreed that the strengthening of ra e e alit laws and greater rote tion against ra ial rofiling is ne essar
ta eholders o tlined a further issue that is arising out of the UK’s withdrawal in relation to oting rights for those U iti ens resident in the orth and indeed rish iti ens r older highlighted that it was flagged to the o ission that resident U iti ens will no longer ha e the right to ote in lo al o n il ele tions and orthern reland sse l in ngland and orthern reland a right whi h e isted nder U law n otland and ales U iti ens will ontin e to ha e the right to ote r older also stated the otential i a ts for rish iti ens “A query has arisen whether Irish citizens who have always had rights to vote in UK re erendu s could lose those ri hts as a result o the co on tra el area reciprocal arran e ents. hat is so ethin hich has been brou ht or ard. or rish citi ens there as an indication at the be innin o the re it process that political and other ri hts ould be retained but that has not happened. n ter s o re erendu s rish citi ens separate to other citi ens ha e had a ri ht to ote in est inster elections and re erendu s. hen one loo s at the e orandu o understandin on the co on tra el area that the t o o ern ents si ned re erence is only ade to est inster elections and not re erendu s. hat ob iously raised a e eyebro s. o could rish citi ens not be allo ed to ote in re erendu s hen that had al ays been the case? nu ber o parlia entary uestions ere sub itted in est inster about that. he response o the ritish o ern ent as surprisin . t ould not con ir that rish citi ens ould continue to ha e a ote in re erendu s. n act it ar ued that it as not reciprocal because British citizens resident within the state were not entitled to vote in referendums.”
he o ittee noted that it is the “gift of Ireland’s Government as opposed to the UK Government” to gi e rish iti ens li ing in orthern reland the right to ote in U ele tions e ers also e ressed on ern that a signifi ant ro ortion of iti ens in orthern reland wo ld s ffer fro a la of re resentation in the U instit tions in s ite of retaining rish and U iti enshi he o ittee agreed that f rther larit is needed with regard to the osition on oting rights and agreed that f rther onsideration of the iss e in relation to referend s wo ld e re ired
. t e gniti n essi n i i ti ns ltho gh the U UK rade and oo eration gree ent itigated an of the otential i a ts of a no deal re it sta eholders ointed to wider i li ations on the ser i es side that ha e een o erloo ed the gree ent in l ding the t al re ognition of rofessional alifi ations he Committee agreed that this area is not only an economic and academic issue but also a citizens’ rights iss e
inister for rther and igher d ation esear h nno ation and ien e r i on arris o tlined that rior to reland and the UK oining the U there was o ilit of rofessions he U 22 age tra el area. s the hair an identi ied the other issues relatin to that are the de elo ed a series of directi es to su ort freedom of mo ement one of which was in relation to challen es aced by those citi ens in reland ho are not or rish citi ens and are rofessional ualifications there ore not co ered by the co on tra el area and the threat to their reedo s. “As professionals moved from one member state to another, it ensured that their hat is de initely an area o concern. lon ith the cross order o e ent the qualifications as listed in this directive were recognised, which facilitated labour other issue ould raise is the potential or racial pro ilin .” mobility and the provision of service. That last point, provision of service, is very important as it brings the Single ar et into play and the Commission has he o ittee agreed that nder inning the in legislation wo ld offer larit and a oid sole competence in this area. n parallel, the number and type of professions n ertaint in the long ter e ers also e ressed on ern regarding the in reased in iden es of increased over the years. ssentially, where there is a regulation to determine entry ra ial rofiling ta ing la e on the order and agreed that the strengthening of ra e e alit laws for any profession or trade, these also fell within scope of directives. or and greater rote tion against ra ial rofiling is ne essar e ample, reland has regulated entry into the security industry which limits any ta eholders o tlined a further issue that is arising out of the UK’s withdrawal in relation to oting person wor ing as a security guard. A evel qualification is an essential rights for those U iti ens resident in the orth and indeed rish iti ens r older highlighted requirement, among other things. This trend of e panding qualifications has that it was flagged to the o ission that resident U iti ens will no longer ha e the right to ote resulted in some professions in reland being regulated by competent in lo al o n il ele tions and orthern reland sse l in ngland and orthern reland a right authorities or regulators.” whi h e isted nder U law n otland and ales U iti ens will ontin e to ha e the right to rom anuary howe er the mutual recognition of rofessional ualifications no ote r older also stated the otential i a ts for rish iti ens longer a lies between reland and the UK he Committee agreed that this is articularly rele ant “A query has arisen whether Irish citizens who have always had rights to vote in UK for reland and the area of cross border em loyment with orthern reland r eil illoughby re erendu s could lose those ri hts as a result o the co on tra el area reciprocal bec highlighted that the rotection to wor li e or study in either urisdiction still does not gi e the arran e ents. hat is so ethin hich has been brou ht or ard. or rish citi ens automatic right for rofessional ualifications to be recognised ta eholders stated that there was there as an indication at the be innin o the re it process that political and an e ectation that the would ha e been facilitated under the rotections in the rotocol and other ri hts ould be retained but that has not happened. n ter s o common tra el area though this has not been the case r illoughby stated that re erendu s rish citi ens separate to other citi ens ha e had a ri ht to ote in “…the recognition of professional qualifications is governed under the TCA rather est inster elections and re erendu s. hen one loo s at the e orandu o than under the protocol. This means there is a limitation in the fact that the rish understandin on the co on tra el area that the t o o ern ents si ned and ritish overnments cannot have a bilateral, catch all, comprehensive re erence is only ade to est inster elections and not re erendu s. hat agreement whereby all ritish qualifications may be recognised in reland and ice ob iously raised a e eyebro s. o could rish citi ens not be allo ed to ote in ersa here that creates a problem, it will have to be done on a sector by sector re erendu s hen that had al ays been the case? nu ber o parlia entary basis. ach professional body will have to do that separately and we are in a uestions ere sub itted in est inster about that. he response o the ritish situation where that can be highly fragmented.” o ern ent as surprisin . t ould not con ir that rish citi ens ould continue to ha e a ote in re erendu s. n act it ar ued that it as not reciprocal because inister arris outlined that negotiations around the did ta e lace throughout the re it British citizens resident within the state were not entitled to vote in referendums.” negotiation eriod and that to counter the discontinuation of this a wor ing grou of o ernment e artments ensured that their regulators ut rocesses in lace to guarantee that rish and UK he o ittee noted that it is the “gift of Ireland’s Government as opposed to the UK Government” rofessionals could continue to ha e their ualifications recognised in either tate inister arris to gi e rish iti ens li ing in orthern reland the right to ote in U ele tions e ers also highlighted that rofessions are ada ting using arious measures that wor for them in the absence e ressed on ern that a signifi ant ro ortion of iti ens in orthern reland wo ld s ffer fro a of an o erall framewor la of re resentation in the U instit tions in s ite of retaining rish and U iti enshi he o ittee agreed that f rther larit is needed with regard to the osition on oting rights and “Some of it, around the safe pass in the construction industry, has required agreed that f rther onsideration of the iss e in relation to referend s wo ld e re ired legislative change in the ireachtas. thers have required memoranda of understanding. Some have required the Senator referenced nursing regulators . t e gniti n essi n i i ti ns changing their understanding of third party recognition. The edical Council did ltho gh the U UK rade and oo eration gree ent itigated an of the otential i a ts of a that and the Teaching Council also did that. As of today, this is wor ing well. e no deal re it sta eholders ointed to wider i li ations on the ser i es side that ha e een have that wor ing group, which has already met three times this year and is o erloo ed the gree ent in l ding the t al re ognition of rofessional alifi ations he continuing to monitor the situation well.” Committee agreed that this area is not only an economic and academic issue but also a citizens’ he e artment for rans ort ro ided a clear e am le of this following the ractical im acts the rights iss e discontinuation of the had on train dri ers for cross border ser ices inister for rther and igher d ation esear h nno ation and ien e r i on arris o tlined that rior to reland and the UK oining the U there was o ilit of rofessions he U 22 age 2 age
“Until 1st January 2021, all cross border rail services were defined as international rail passenger services between two EU ember tates and, as such, were sub ect to EU legislation in relation to railway safety and the regulation of rail services within the EU. As the UK is now a ‘third country’, however, the train driver licences, ailway Undertaking licences and safety certification that had been previously issued by the UK rail regulatory authority are no longer recognised within the EU. n order to ensure a seamless continuation of these cross border rail passenger services after 1 January 2021, therefore, the railway undertaking, Translink, applied for and was granted a rail operator licence and railway undertaking safety certification by the ommission for ailway egulation , the national safety authority in the tate responsible for issuing such licences and certification in accordance with EU law.”
owe er the Committee noted the sta eholder concern that the a roach of rish and UK regulators aries in line with their rofessions and that a fragmented a roach to the recognition of rofessional ualifications could create issues in the future r illoughby outlined that since neither the C nor the rotocol ro ides for rules on recognition of ualifications “This means that professional qualifications can only be recognised on an reland UK or EU UK in a piecemeal fashion. ositively, understand that as of now the rish and UK governments have supported regulator to regulator recognition via 10 agreements in various sectors. owever, as reland and the UK cannot have a bilateral comprehensive agreement whereby all ritish qualifications may be recognised in reland and vice versa, this could lead to barriers for individuals and businesses which may be more visible as ovid 1 restrictions lighten. t remains that the framework providing for the new EU UK relationship is imperfect in this area and may lead to barriers for workers and businesses.”
.1 ti n n Rese h he Committee agreed that in addition to rofessional ualifications there are concerns around the im acts on higher education and research ost re it though embers ac nowledged that the full im lications of this are yet to be seen due to Co id
hile the Committee agreed that there is some negati e fallout in the aftermath of re it for higher education there is also significant o ortunity arising articularly on cross border shared island basis r aul annigan etter enny nstitute of echnology highlighted that cross border institutions etter enny undal Ulster Uni ersity orth est egional College onegal ducation and raining oard ha e been wor ing collaborati ely as art of a cross border further and higher education alliance to facilitate student flows and engagement around industry research he Committee agreed that increased and consistent engagement between bodies in the higher education sector and the olitical realm is essential to mitigate any im acts arising from re it
he Committee noted that the UK re ected the o ortunity to o t into and maintain artici ation in the rasmus rogramme meaning that rish students and staff will not be able to ursue mobility in the UK hile the im acts of this will not be immediately isible as the UK ha e e tended the rogramme until as a Co id measure the Committee agreed that the im lications for students and staff in reland will be significant he igher ducation uthority outlined that “The Erasmus pattern is in two particular areas: study visits, where students will enrol in another university or a higher education institution and traineeships. ne hundred and twenty nine students went in 201 to different universities in the 2 age
“Until 1st January 2021, all cross border rail services were defined as international UK. That relationship is managed under an inter institutional agreement. That is a rail passenger services between two EU ember tates and, as such, were sub ect significant measure of the co operation that e ists between our higher education to EU legislation in relation to railway safety and the regulation of rail services institutions and those in the UK and is indicative also of the trust and co operation within the EU. As the UK is now a ‘third country’, however, the train driver licences, that has been ongoing for years. That will be a significant loss, when it happens ailway Undertaking licences and safety certification that had been previously in the post 202 period, for our sector. issued by the UK rail regulatory authority are no longer recognised within the EU. n Equally, the 210 students going to the UK for traineeship, and almost 0 of them order to ensure a seamless continuation of these cross border rail passenger going to ondon, are drawn heavily from a number of institutions. any of these services after 1 January 2021, therefore, the railway undertaking, Translink, traineeships are in the areas of hotel management, the hospitality sector, catering, applied for and was granted a rail operator licence and railway undertaking safety culinary skills, construction, fashion and design. This is valuable e perience for every certification by the ommission for ailway egulation , the national safety student to have on their and it gives connectivity with the world of work in a authority in the tate responsible for issuing such licences and certification in leading city of the calibre of ondon, which has the world headquarters of many accordance with EU law.” leading organisations in the various sectors.” owe er the Committee noted the sta eholder concern that the a roach of rish and UK regulators he Committee noted that while the UK is no longer art of the rogramme of the money aries in line with their rofessions and that a fragmented a roach to the recognition of allocated to countries within the programme can be used for “intra uro ean mobility” which allows rofessional ualifications could create issues in the future r illoughby outlined that since students and staff to be sent to artner countries such as the UK hile the UK will recei e a budget neither the C nor the rotocol ro ides for rules on recognition of ualifications to su ort student and staff mobilities in this regard it will not sustain the le el of mobility that has “This means that professional qualifications can only be recognised on an reland been ongoing since rasmus began UK or EU UK in a piecemeal fashion. ositively, understand that as of now the rish he Committee noted that the rasmus rogramme was also uite significant to students of and UK governments have supported regulator to regulator recognition via 10 orthern reland and ac nowledged that more than students go on the rogramme annually agreements in various sectors. owever, as reland and the UK cannot have a Mr. Gerry O’Sullivan, HEA, highlighted that uniquely, nearly two thirds of students from orthern bilateral comprehensive agreement whereby all ritish qualifications may be reland undertoo a traineeshi in ublin his contrasts with the uro ean attern where a similar recognised in reland and vice versa, this could lead to barriers for individuals and ercentage of students underta e study isits as o osed to traineeshi s businesses which may be more visible as ovid 1 restrictions lighten. t remains that the framework providing for the new EU UK relationship is imperfect in this hile concerns had been raised in the immediate aftermath of re it in relation to rasmus students area and may lead to barriers for workers and businesses.” in orthern reland inister arris outlined that the rish o ernment has ta en action with regard to the rasmus rogramme to ensure that students in orthern reland are minimally im acted and .1 ti n n Rese h can still fully a ail of the rogramme he Committee agreed that in addition to rofessional ualifications there are concerns around the im acts on higher education and research ost re it though embers ac nowledged that the full “As colleagues will be aware, the Government has decided that arrangements im lications of this are yet to be seen due to Co id should be made to enable students of relevant institutions in orthern reland to have continued access to mobilities under the Erasmus higher education hile the Committee agreed that there is some negati e fallout in the aftermath of re it for higher programme post re it. hile a number of options were presented to the education there is also significant o ortunity arising articularly on cross border shared island ommission, it was finally agreed that this overnment decision would be achieved basis r aul annigan etter enny nstitute of echnology highlighted that cross border by the temporary registration of a orthern reland student with an rish higher institutions etter enny undal Ulster Uni ersity orth est egional College onegal education institution. uring this period of registration, this would facilitate a ducation and raining oard ha e been wor ing collaborati ely as art of a cross border further orthern reland student s mobility in a higher education institution in another and higher education alliance to facilitate student flows and engagement around industry research member state that has an e isting agreement with the orthern reland higher he Committee agreed that increased and consistent engagement between bodies in the higher education institution to which the student belongs. nce the mobility was complete, education sector and the olitical realm is essential to mitigate any im acts arising from re it the student would return to his or her parent higher education institution in he Committee noted that the UK re ected the o ortunity to o t into and maintain artici ation in orthern reland, along with the required certification and other academic the rasmus rogramme meaning that rish students and staff will not be able to ursue mobility in documentation. The orthern reland higher education institution would recognise the UK hile the im acts of this will not be immediately isible as the UK ha e e tended the the period of study abroad as it would now under Erasmus . fficials in my rogramme until as a Co id measure the Committee agreed that the im lications for epartment have been working intensively with higher education institutions, orth students and staff in reland will be significant he igher ducation uthority outlined that and outh, to put the structures in place following the Government’s decision.” “The Erasmus pattern is in two particular areas: study visits, where students will he Committee commended the decision to e tend the rasmus rogramme to students in orthern enrol in another university or a higher education institution and traineeships. ne reland and also noted the introduction of the UK’s Turing Scheme which is set to re lace the hundred and twenty nine students went in 201 to different universities in the rasmus rogramme in the UK embers agreed that consideration should also be gi en to a 2 age 2 age
collaboration with the UK’s Turing scheme from the outset to maintain the higher education relationships with the UK. Mr. O’Sullivan stated, however that there are gaps in the programme compared to Erasmus “The UK Turing programme has been developed by the UK in response to the fact it is outside the rasmus programme. There are significant differences between this programme and what the UK en oyed under rasmus namely it only supports outbound students from the UK. There is no reciprocal dimension so no inbound supports are provided and it does not cover the area of staff mobility. nstitutions in the orth of reland and other parts of the UK have applied for inclusion under that programme and the decisions will be made known before the end of the summer.”
The ommittee noted that a similar programme to the Turing Scheme could be established to enable rish students to go to the UK beyond the limits of the Erasmus programme and agreed that the continuation of a mobility pattern to the UK would be preferable. urthermore, the ommittee agreed that there is a need for greater encouragement of rish students to study or wor in another European country and Members noted that a review of the accessibility of the Erasmus programme is underway.
The ommittee noted that the rish Universities Association had recorded a decrease in applications to study in the UK from students in EU countries while initial data has also shown an increase in applications to study in reland. The ommittee agreed that there was potential for a significant influ in applications to rish universities from the continent following re it and that this could also impact the accessibility of college places for rish students as well as e acerbating the issue of student accommodation in terms of cost and availability. However, Mr. im Miley, rish Universities Association, highlighted that while initial data shows an increase in applications to study in reland from other EU countries, capacity constraints may limit the potential to absorb those students. The rish University Association went on to highlight that
“ rish student numbers as we know have increased and will grow by at least over the ne t decade. This has placed additional pressure on an already strained system in which as a result of underinvestment student staff ratios have risen significantly and facilities re uire urgent upgrading. re it has also given rise to challenges for universities from a cost perspective. s we know from the rest of the economy the cost of building materials has risen by in the region of which means a potentially significant impact on university building pro ects that are already under way.”
The ommittee ac nowledged the challenges with the inflation of costs of building materials and agreed that this will have a ma or impact across the economy, and that this issue will need to be resolved universally not only in relation to universities. The rish Universities Association stated that further e amination of improving universities is needed in order to compete with UK universities that are putting in the effort to retain their share of the international student mar et and emphasised the importance of ran ings in the international mar et and therefore the need for a more sustainable funding model for rish higher education “ n contrast to a sudden and significant drop in U applications to study in the UK there has been a . increase in application to study in the UK from students in non U countries around the world. This highlights the challenges facing reland in seeking to maintain its attractiveness as a destination of choice for international students from the rest of the world.
2 age collaboration with the UK’s Turing scheme from the outset to maintain the higher education U universities account for over three uarters of the international students in relationships with the UK. Mr. O’Sullivan stated, however that there are gaps in the programme higher education in reland. This strong cohort of students generate tuition compared to Erasmus fee income of c. €250m per year and generate €400m in total e port earnings to the rish economy. t will re uire a concerted effort to maintain the competitive position “The UK Turing programme has been developed by the UK in response to the fact it of rish universities in attracting international students post re it and post ovid is outside the rasmus programme. There are significant differences between this . nternational student fee revenue is particularly important in that given the programme and what the UK en oyed under rasmus namely it only supports significant cumulative reductions in state funding to the university sector over the outbound students from the UK. There is no reciprocal dimension so no inbound last decade this income is used to cross subsidise the costs of rish students. supports are provided and it does not cover the area of staff mobility. nstitutions in ithout the income from international students the universities will be unable to the orth of reland and other parts of the UK have applied for inclusion under that offer the same uality and e perience to our domestic students.” programme and the decisions will be made known before the end of the summer.” The o ittee ac nowledged the signi icant underinvest ent o rish universities and the The ommittee noted that a similar programme to the Turing Scheme could be established to enable challenges arising ro this. Mr. Mile highlighted that while there is a ocus on how to attract rish students to go to the UK beyond the limits of the Erasmus programme and agreed that the international students to rish universities, there is alread a ca acit issue or do estic students continuation of a mobility pattern to the UK would be preferable. urthermore, the ommittee that ust be addressed and that a a or as ect o this is in relation to sta ing agreed that there is a need for greater encouragement of rish students to study or wor in another European country and Members noted that a review of the accessibility of the Erasmus programme “Apart from the funding challenge we have endured in the system over the past is underway. decade we are also sub ect to the employment control framework which essentially means that the sector cannot hire additional permanent staff. n The ommittee noted that the rish Universities Association had recorded a decrease in there were core funded that is funded through the tate grant staff in the applications to study in the UK from students in EU countries while initial data has also shown an system overall looking after students. n years later we still had increase in applications to study in reland. The ommittee agreed that there was potential for a the same number of core funded staff and they were looking after students significant influ in applications to rish universities from the continent following re it and that this in the system. That is what the system has done. The fact that we are still producing could also impact the accessibility of college places for rish students as well as e acerbating the issue high uality graduates and top notch research is a huge testament to the uality of of student accommodation in terms of cost and availability. However, Mr. im Miley, rish the staff and the management in our universities and institutes of technology but Universities Association, highlighted that while initial data shows an increase in applications to study we pull the thread very thin. e really welcome the signal from the overnment in reland from other EU countries, capacity constraints may limit the potential to absorb those that it will address this matter this year but we now need the voice of this students. The rish University Association went on to highlight that committee in pushing for that funding challenge to be met on a sustained basis over “ rish student numbers as we know have increased and will grow by at least the ne t decade. f we do that and loosen the strings around the number of over the ne t decade. This has placed additional pressure on an already strained permanent staff we can have think we will be able to meet those capacity system in which as a result of underinvestment student staff ratios have risen challenges.” significantly and facilities re uire urgent upgrading. re it has also given rise to hile the UK o ted out o the ras us rogra e, it will re ain in the ori on uro e research challenges for universities from a cost perspective. s we know from the rest of the rogra e under the U agree ent with the UK. The igher ducation uthorit highlighted the economy the cost of building materials has risen by in the region of which i ortance o aintaining this lin with the UK as o eer reviewers are UK based acade ics means a potentially significant impact on university building pro ects that are and the o ittee noted the otential to enhance research co o eration between reland the UK. already under way.” Mr. aul na , ritish rish ha ber o o erce highlighted that, as a result o re it, there is a The ommittee ac nowledged the challenges with the inflation of costs of building materials and greater interest in collaboration between rish and UK universities, research bodies and institutes and agreed that this will have a ma or impact across the economy, and that this issue will need to be the o ittee ac nowledged that urther resources would be necessar to under in additional resolved universally not only in relation to universities. The rish Universities Association stated that rogra es, si ilar to ori on uro e, or collaboration in this s ace. further e amination of improving universities is needed in order to compete with UK universities that The o ittee noted that Ireland’s Government budget allocation for research and development are putting in the effort to retain their share of the international student mar et and emphasised the has consistentl allen below where the U average is . and noted that a sustained importance of ran ings in the international mar et and therefore the need for a more sustainable invest ent of c. €350 million per year was needed to ensure that Ireland’s research system funding model for rish higher education co etes with to research in uro e. r. enni er rennan, T , highlighted that the “ n contrast to a sudden and significant drop in U applications to study in the UK underinvest ent in research in reland ha ers our abilit to co ete in research rogra es there has been a . increase in application to study in the UK from students in “One of the things which we have not done in the past which we should probably non U countries around the world. This highlights the challenges facing reland in take more advantage of is the ability to match different U funds together. t is seeking to maintain its attractiveness as a destination of choice for international possible to take U tructural unds and ori on urope funds for e ample students from the rest of the world. together and use them to fund different of pro ects which is something that we 2 age 2 age
have never really done in reland. here are some particular investments around things li e what are called the seal of e cellence where a pro ect is deemed to be fundable at uropean level but there may not be sufficient budget there for it and it can then be funded at national level if such funds at national level can be found to do so. Overall we need to increase our investment nationally particularly in infrastructure and attracting talent. he national development plan review is a very good opportunity for this and we of course loo forward to the new research and innovation strategy. As we get better as a country in research and innovation we will only see a noc on improvement in our ability to be able to compete in ori on urope and in the other funds. e cannot continue doing more with less or to increase our performance if we do not have that underlying investment at national level.”
he ommittee agreed that the underinvestment in higher and further education and research in Ireland was a significant issue and ac nowledged other challenging aspects to attracting researchers such as the cost of accommodation childcare healthcare and education and employment opportunities for the families of researchers. owever sta eholders agreed that dedicated funding could help drive research and collaboration for attracting talent to Ireland. r. ynam suggested that a Ireland bilateral research fund be established to facilitate collaboration and e amine ways to meet the full potential of this area
“This would be a fund where the UK and Irish Governments would commit, proportionately resources to research collaboration across these islands. ithin that we would see numerous different measures. he enator will be aware of the orth outh research centre agenda and the idea of creating a orth outh hub but we are thin ing also in terms of supporting early career researchers mobility grants which are important and placement programmes between the various different urisdictions. e have seen with some success the oint professorships that were put in place and we thin they could be e panded further. e saw the successful cience oundation reland and O ford one between and Oxford. There is progress to be made on various different fronts there.”
he ommittee agreed that there is huge opportunity for the higher education and research sector and that a greater focus must be given to investment smaller pro ects and greater collaboration between both urisdictions.
. e th – C ss e e th i e ti e C lthough the protected many of the health rights that e isted before a ma or implication of the UK’s withdrawal from the EU is the discontinuation of access to healthcare in the through the ross order ealthcare irective. nder the a person who is entitled to public health services in Ireland may choose to access those services in another member state of the or . he person accessing treatment will then be reimbursed the cost of the treatment in Ireland or the cost abroad if it is less. his scheme became defunct as of anuary 0 . ome transitional arrangements remain for patients who had treatments boo ed prior to ecember 0 0.
o address the loss of access to the the has implemented a temporary month scheme the orthern Ireland lanned ealthcare cheme. he epartment of ealth highlighted that the scheme provides for continued access and reimbursement for the cost of healthcare obtained from private providers in orthern Ireland until 3 ecember 0 . he ommittee commended the implementation of the temporary orthern Ireland lanned ealthcare cheme and noted the
2 age have never really done in reland. here are some particular investments around o ernment intention to nder in the scheme on a le islati e asis owe er r ar e an things li e what are called the seal of e cellence where a pro ect is deemed to be Kin s rid e ri ate os ital hi hli hted the need for s ch a scheme to e im lemented witho t fundable at uropean level but there may not be sufficient budget there for it and it dela to ens re est clinical o tcomes for those awaitin treatment and to a oid the otential tra el can then be funded at national level if such funds at national level can be found to costs associated with tra ellin to access treatment in mainland E ro e sho ld there e a dela in do so. Overall we need to increase our investment nationally particularly in e tendin the scheme on a ermanent asis infrastructure and attracting talent. he national development plan review is a very he ommittee noted that tra el e enses are not co ered the scheme and that the ast ma orit good opportunity for this and we of course loo forward to the new research and of eo le accessin the ser ice did so in orthern reland ccessin treatment within the island of innovation strategy. As we get better as a country in research and innovation we reland minimises the cost of an additional tra el r Muiris O’Connor e artment of ealth will only see a noc on improvement in our ability to be able to compete in ori on o tlined that urope and in the other funds. e cannot continue doing more with less or to increase our performance if we do not have that underlying investment at national “Since its introduction in the cross border directive has provided access to level.” health services in orthern Ireland in particular for persons in this State. In almost reimbursements were made in respect of treatments accessed in he ommittee agreed that the underinvestment in higher and further education and research in the which represents of all treatments accessed by Irish residents under the Ireland was a significant issue and ac nowledged other challenging aspects to attracting researchers across the . f those cases accessed in the of the treatments were such as the cost of accommodation childcare healthcare and education and employment accessed in orthern Ireland. These are treatments obtained from private opportunities for the families of researchers. owever sta eholders agreed that dedicated funding providers.” could help drive research and collaboration for attracting talent to Ireland. r. ynam suggested that a Ireland bilateral research fund be established to facilitate collaboration and e amine ways to dditionall the ommittee noted that an financial shortfall in the cost of accessin treatment meet the full potential of this area o tside of the tate falls on the atient and not on the E ch a shortfall is in relation to the roced re cost onl as tra el is e cl ded from the scheme and is enerall minimal owe er r “This would be a fund where the UK and Irish Governments would commit, e an em hasised that proportionately resources to research collaboration across these islands. ithin that we would see numerous different measures. he enator will be aware of the “It is crucial to note that the scheme is used predominately by those with little or no orth outh research centre agenda and the idea of creating a orth outh hub but disposable incomes and by those who cannot afford private healthcare in any we are thin ing also in terms of supporting early career researchers mobility fashion. The ma ority of the patients will use ban or credit union loans to cover the grants which are important and placement programmes between the various cost of surgery while they await that refund from the State. The average age is different urisdictions. e have seen with some success the oint professorships between and years and many of them will rely upon relatives to support that were put in place and we thin they could be e panded further. e saw the them in the ourney to elfast. This last point is of particular note when one successful cience oundation reland and O ford one between and considers that if the scheme is not passed into Irish law before ecember this year Oxford. There is progress to be made on various different fronts there.” they will be forced to travel to mainland urope if they wish to avail of this type of scheme. This has implications for increased cost which is not refunded and would he ommittee agreed that there is huge opportunity for the higher education and research sector be an additional burden to the family to support the patient travelling through an and that a greater focus must be given to investment smaller pro ects and greater collaboration airport system.” between both urisdictions. he ommittee a reed that front a ments for accessin treatment is a ma or disincenti e to . e th – C ss e e th i e ti e C atients artic larl the elderl and that a rewor ed scheme that allows for access to treatment lthough the protected many of the health rights that e isted before a ma or implication of the witho t an front a ment m st e considered when mo in on from the c rrent interim scheme UK’s withdrawal from the EU is the discontinuation of access to healthcare in the through the n addition r e an o tlined that an area for im ro ement in the scheme co ld e aro nd the ross order ealthcare irective. nder the a person who is entitled to public health services financial shortfalls in Ireland may choose to access those services in another member state of the or . he person accessing treatment will then be reimbursed the cost of the treatment in Ireland or the cost abroad “The shortfalls are a problem whereby patients gather the information on what if it is less. his scheme became defunct as of anuary 0 . ome transitional arrangements they believe will be a shortfall and get approval from the S . hen they have the remain for patients who had treatments boo ed prior to ecember 0 0. surgery however they may find that the shortfall is slightly different. That is due to the coding that is used. oth institutions in the orth and the South use different o address the loss of access to the the has implemented a temporary month scheme coding systems to describe the surgery. erhaps there should be a tightening up of the orthern Ireland lanned ealthcare cheme. he epartment of ealth highlighted that the that whereby if one gets a pre authorisation for a given code and that surgery is scheme provides for continued access and reimbursement for the cost of healthcare obtained from carried out then that is loc ed in after the surgery so the patient does not get a private providers in orthern Ireland until 3 ecember 0 . he ommittee commended the shoc when he or she comes out of surgery. That is what we have tried to do for the implementation of the temporary orthern Ireland lanned ealthcare cheme and noted the past five years in ingsbridge in elfast in order to ma e sure that there are no
2 age a e
shoc s. e want this scheme to be used as it is. It is not a money ma ing rac et or about charging people more. It must be done morally and properly and we must try to make it a free flow of information throughout.”
n i ion Mr n ou in o r n ss o s s or rri r o i n s in s in r n n r i r i n i n s no rus in s is i i n i o i n r rou ou n n s Co i r n in ion o C n urr n s s ou on u o s r in r i ro n s ou or o n i on r s is un r inn is ion M rs r s r inin o s s ou so r ss on rns roun issu i n s n ur s ri r in or rn r n n r i urs u nno o so in u i
Co i r nsi i n O i ssis n s M i i ro r n o n or s rsonn s n si ni i n i is on inu ion o C or s r rs n is rsonn s r in in n or s o su r in uri s r un o on inu s r i u o n i in is s or i r n in u i s s i s in r n ris in ir osi ion in n or s Mr i n ui r n n n or O r n s r s n i sso i ion ou in s is n n un ion o s
“Unlike commissioned officers, enlisted personnel are not provided with free private medical care and are not in a financial position to pay for e pensive private health treatment. In the foregoing circumstances established the medical assistance scheme S as a not for profit company limited by guarantee to facilitate members who re uired prompt medical treatment. This was to ensure their continued service in the efence orces or indeed on overseas service with nited ations. The scheme facilitates members in securing medical treatment mainly in orthern Ireland under the uropean nion cross border healthcare directive.
The financial model used is based on the member who needs treatment see ing sanction from the S to receive the treatment and borrowing the necessary finance from the S redit nion. These loans are guaranteed by S. nce the treatment has been received the individual will get a refund of most of the costs from the S . here the refund does not cover all the costs the member receives money from the S fund to cover the shortfall. The S fund was initially established by a loan of €150,000 from PDFORRA and is maintained and added to through member subscriptions.”
s ro o i su ss u n rs i o M s r us un r rs o rs r s s un n in nsurin r rs r in in n ou in M n o or in r s s n n rs i o i rs Co i o n M s n no i or r n ur o urr n in ri s i is i i u o ro i r in or su n nsion o i n M rs r or r i i i n or rn r n nn r is o un r inn is ion i us on s soon s ossi n s ou no un i r n s ir s
M rs o Co i so r is u s ions roun su o i in s n i i s n o n i s or s s r su o r i o rs s su o i in
shoc s. e want this scheme to be used as it is. It is not a money ma ing rac et or s n r s o i on rn in r rin or r i s n o i in s su i o about charging people more. It must be done morally and properly and we must try is n o r n o ro or rou Mr O’Connor highlighted that compounded to make it a free flow of information throughout.” o r ro u s i nu ri ious i in oo or i n s un o r particular concern due to Ireland’s dependence on the UK for such items. Co i no n i ion Mr n ou in o r n ss o s s or rri r o u rin o s o in r u i su in nsur su s i n s in s in r n n r i r i n i n s no rus in s is in in Mr O’Connor further set out that: i i n i o i n r rou ou n n s Co i r n in ion o C n urr n s s ou on u o s r in r “We are feeling much better about medicines now. There has been significant i ro n s ou or o n i on r s is un r inn is ion rerouting of medicines as has been the case with many other goods. any of our M rs r s r inin o s s ou so r ss on rns roun issu shelf medicines are coming direct from Europe now. This is much more secure and i n s n ur s ri r in or rn r n n r i urs u nno o so in bureaucratically tidier for suppliers. We are also loo ing at our own capabilities in u i compounded goods. This is important and a matter on which we are wor ing and building up capability with the HSE.” Co i r nsi i n O i ssis n s M i i ro r n o n or s rsonn s n si ni i n i Mr rr n r s M i i i i u i s roun s i in ro o o is on inu ion o C or s r rs n is rsonn s r in in n or s or r n n or rn r n so n o ro ision o i in s in or rn r n o su r in uri s r un o on inu s r i u o n i in is s or Co i no r rio is in un i n o u r r or s o i r n in u i s s i s in r n ris in ir osi ion in o n i i in s or s n in r s ri s in or rn r n r on rnin Mr n r s n or s Mr i n ui r n n n or O r n s r s n i sis in or r o oi o i i nsion roun is i i i on si s is n o sso i ion ou in s is n n un ion o s r so issu ui Co ission r M uinn ss i i i is o i o so u on inui o su o i in s o or rn r n r is so n or “Unlike commissioned officers, enlisted personnel are not provided with free private to “demonstrate that it is committed to full implementation of the protocol. There must be a oint medical care and are not in a financial position to pay for e pensive private health endeavour on both sides.” treatment. In the foregoing circumstances established the medical assistance scheme S as a not for profit company limited by guarantee to facilitate members who re uired prompt medical treatment. This was to ensure Co i r nsi i n o n i or i r n in ro ion their continued service in the efence orces or indeed on overseas service with r i s n n uro ou si ni i n i r n n s o rs sis nited ations. The scheme facilitates members in securing medical treatment i or n o in inin r o o r i u r or in rn ion r n o mainly in orthern Ireland under the uropean nion cross border healthcare o r ion directive. Co i no r s o C ro i or n in ri ro ision r in o The financial model used is based on the member who needs treatment see ing transfers. Mr. John O’Dwyer ro ion Co ission ou in is ro i s sanction from the S to receive the treatment and borrowing the necessary finance from the S redit nion. These loans are guaranteed by S. nce “…for a specified period up to April which can be e tended up to une the treatment has been received the individual will get a refund of most of the costs unless either party ob ects transfers of personal data to the will not be from the S . here the refund does not cover all the costs the member receives deemed transfers to a third country for the purposes of E law so long as the money from the S fund to cover the shortfall. The S fund was initially does not materially alter its data protection law regime during that period. As a established by a loan of €150,000 from PDFORRA and is maintained and added to result for this specified period personal data can continue to be freely transferred through member subscriptions.” from the E to based data importers and the law enforcement authorities without any re uirement to implement additional safeguards that would otherwise s ro o i su ss u n rs i o M s r us un r be mandated under chapter 5 of the GDPR and chapter V of the LED.” rs o rs r s s un n in nsurin r rs r in in n ou in M n o or in r s s n n rs i o i Co i r this interim period allowed time for an “adequacy decision” to be rs Co i o n M s n no i or r n ur ro uro n Co ission i ou o usin ss o o r in in i o urr n in ri s i is i i u o ro i r in or su n nsion o is ion Mr. O’Dwyer stated that: i n M rs r or r i i i n or rn r n nn “Article 45 of the GDPR provides that a transfer of personal data can ta e place to a r is o un r inn is ion i us on s soon s ossi n third country or an international organisation where the European ommission has s ou no un i r n s ir s decided that the third country a territory or one or more specified sectors within M rs o Co i so r is u s ions roun su o i in s n i that third country or the international organisation in uestion ensures an ade uate i s n o n i s or s s r su o r i o rs s su o i in level of protection. Such transfers shall not re uire any special specific
authorisation. Similarly Article of the LED provides for transfers between law enforcement authorities in E member states and law enforcement authorities in a third country deemed to have an ade uate level of protection. n practice an ade uacy decision means the European ommission has decided that a third country or an international organisation ensures an ade uate level of protection for data transfers…
…The effect of such a decision is that personal data can flow from the EU to that third country without any further safeguard being necessary. n other words the transfer is the same as if it was carried out within the EU.”
he Committee noted that the uropean Commission published its draft adequacy decisions relating to the UK on ebruary and that following procedure it was e pected that the decisions would be adopted before the end of June . owe er in pril the uropean Data rotection oard D raised a number of concerns in the publishing of its opinions on the draft adequacy decisions which led to M s oting that the Commission should amend its draft before adoption. ta eholders ad ised that the absence of such an agreement on the sharing of data between the EU and UK would have serious implications for citizens’ rights. Mr. O’Dwyer highlighted that significant implications would arise should the uropean Commission fail to adopt the adequacy decisions before the end of the transition period:
“…any organisation in reland transferring personal data whether in the form of using a cloud storage provider in the or outsourcing payroll processing to a orthern reland based service provider for e ample will have to themselves implement additional safeguards to their personal data transfer operations. These may be in the form of E approved standard contractual clauses or for public bodies may involve the conclusion of a binding administrative arrangement between authorities in reland and the . Given the amount of trade and movement between reland and orthern reland and reland and Great ritain the volume of personal data transfers between the urisdictions is estimated to be significant. As a result the administrative and cost burden for all rish organisations re uired to create their own compliance arrangements in accordance with chapter 5 of the GDPR, regarding commercial transfers, would be considerable.”
he Committee ac nowledged that the potential administrati e and cost burdens for Irish businesses and organisations would be significant but noted that the D was finalising guidelines for businesses following a public consultation in should there be no adequacy decision. owe er the Committee noted that the U Commission adopted the two data adequacy decisions on the June that will facilitate the flow of data between the UK and the U and include safeguards in case of future di ergences. he Committee highlighted that should the UK mo e away from D that Ireland must be prepared for that eventuality. Mr O’Dwyer stated that:
“We are starting from a very good place as the has implemented the GDPR in full in its national legislation. t is probably the closest we will ever have to a third country that has a good data protection regime. t has the legislation and the redress mechanism in the sense that people can bring cases to the nformation ommissioner s ffice which is the e uivalent of our organisation in the . The has a full complaints and udicial procedure in that regard. That is all built in
https: www.europarl.europa.eu news en press room I data protection meps urge the commission to amend u adequacy decisions age authorisation. Similarly Article of the LED provides for transfers between law so it is starting from a good place. f it does start to di erge and if the U enforcement authorities in E member states and law enforcement authorities in a Go ernment decides to change the legislation or to dispense with the for some third country deemed to have an ade uate level of protection. n practice an reason, mechanisms are built into the ade uac decision that allow the European ade uacy decision means the European ommission has decided that a third ommission to suspend that decision in whole or in part. Those inds of protections country or an international organisation ensures an ade uate level of protection for are built in. n addition, there is a sunset clause. The ade uac decision will e pire data transfers… after four ears unless renewed. t will not continue in force after those four ears but, because of that sunset clause, must be proacti el renewed. This allows a …The effect of such a decision is that personal data can flow from the EU to that re iew to ta e place in four ears time which will see what the situation in the U third country without any further safeguard being necessary. n other words the and in U law is at that time. There are also measures that ma be ta en in the transfer is the same as if it was carried out within the EU.” interim if the UK begins to diverge.” he Committee noted that the uropean Commission published its draft adequacy decisions relating he Data rotection ommission highlighted that they have been preparing and engaging with to the UK on ebruary and that following procedure it was e pected that the decisions organisations should the ade uacy decisions not wor out as planned and the ommittee noted that would be adopted before the end of June . owe er in pril the uropean Data the biggest implications will fall on smaller companies that do not have the resources to pay e perts rotection oard D raised a number of concerns in the publishing of its opinions on the draft to put mechanisms in place: adequacy decisions which led to M s oting that the Commission should amend its draft before adoption. ta eholders ad ised that the absence of such an agreement on the sharing of data “We have met companies in the Border region that say they have been dealing with between the EU and UK would have serious implications for citizens’ rights. Mr. O’Dwyer highlighted U companies in the orth for the last ears for their pa roll and that those that significant implications would arise should the uropean Commission fail to adopt the adequacy companies are onl up the road. e sa that up the road is still across the order decisions before the end of the transition period: and that the need to ta e that into account. The sa the ha e alwa s dealt with those companies, that there has been no problem and that it is ust up the road. e “…any organisation in reland transferring personal data whether in the form of are sa ing to them that if there is no ade uac decision, up the road is across the using a cloud storage provider in the or outsourcing payroll processing to a order and dealing with those companies will be an international transfer to a third orthern reland based service provider for e ample will have to themselves countr , with all that goes with that. The need to put the arious safeguards, implement additional safeguards to their personal data transfer operations. These whether standard contractual causes or other mechanisms, in place. standard may be in the form of E approved standard contractual clauses or for public contractual clause is probabl one of the most ob ious mechanisms for most bodies may involve the conclusion of a binding administrative arrangement companies. There are serious issues for companies to consider. These are things that between authorities in reland and the . Given the amount of trade and the do not normall thin of because the do not thin the deal in personal data. movement between reland and orthern reland and reland and Great ritain the volume of personal data transfers between the urisdictions is estimated to be hen people tal about data transfer, the automaticall thin of the aceboo s, significant. As a result the administrative and cost burden for all rish organisations Googles and Twitters of this world but it is happening in thousands of companies re uired to create their own compliance arrangements in accordance with chapter 5 every day of the week.” of the GDPR, regarding commercial transfers, would be considerable.” he ommittee agreed that any divergence in data protection will present significant difficulties for he Committee ac nowledged that the potential administrati e and cost burdens for Irish businesses cross border business and also healthcare with regard to the sharing of medical information. Mr. and organisations would be significant but noted that the D was finalising guidelines for Muiris O’Connor highlighted that diversion of data protection regulations would have a significant businesses following a public consultation in should there be no adequacy decision. owe er impact in the area of health: the Committee noted that the U Commission adopted the two data adequacy decisions on the “On data, we are all holding our breath. The data adequacy agreement, in my June that will facilitate the flow of data between the UK and the U and include safeguards in case of assessment, is absolutel ital for the U in terms of its abilit to interface with future di ergences. he Committee highlighted that should the UK mo e away from D that Europe as neighbours. would absolutel hope for a data ade uac decision Ireland must be prepared for that eventuality. Mr O’Dwyer stated that: whereb the European Union would deem the standards of data protection in the “We are starting from a very good place as the has implemented the GDPR in U to be e ui alent as the are now. uch of it depends on the U s inclination to full in its national legislation. t is probably the closest we will ever have to a third maintain that e ui alence. edicine is a er serious e ample of where de iation country that has a good data protection regime. t has the legislation and the from regulations would gi e rise to difficulties in the future and gi e us real redress mechanism in the sense that people can bring cases to the nformation headaches. e await hopefull the ade uac decision on data, as well as the ommissioner s ffice which is the e uivalent of our organisation in the . longer term inclinations of the U it should be remembered that it is a ma or The has a full complaints and udicial procedure in that regard. That is all built in pharmaceutical e porter to maintain alignment with European regulations and standards for medicines. e are watching this er closel . will be able to gi e a
fuller response as it unfolds.” https: www.europarl.europa.eu news en press room I data protection meps urge the commission to amend u adequacy decisions age age
n i ion Mr s C high igh h i rg n in ro ion s ou r s rious issu s roun rs uri n hu n righ s n urg h Co i o ognis n o o n s in his o i r “It is one of the things we very much need to keep an eye on. There are a number of cybersecurity issues. ne is the ive Eyes which the U is part of with other governments which is around national security and which is separate from the arrangements. The U has implemented EU law to date in terms of the recent directives. ow we move forward particularly as the EU develops laws around these issues is very important. I am very conscious that developments in technology and digital law issues often leave human rights behind to catch up in their wake and the EU has been pretty good at trying to move forward quickly. e know some of the issues from chrems and other cases. It is important to see where we go from here. I do not think the EU has been behind the curve to date but the U may diverge as the EU develops and that will cause quite a big issue.”
h Co i gr h onsis n r i s in h r o ou n ss r o nsur n o n i i s r i i r n rr high igh h n o oni or h o n s roun ro ion in h or h o ing rs so h r n n u r r or n ou o s r rr s h ro ion is n r h o s h i n h i i n ss r o oun o u ur i rg n s n s o i ig h i s o his h Co i no h hir oun ri s usu on rg i h n s n r n h i i important to ensure there is “not mass surveillance for security purposes of EU citizen’s data by the U ”. h Co i gr h ur h r in ion o o s ou n ss r or h in r or o h Co i o o ur h r i n surroun ing h u isions o rg
h Co i no hroughou ng g n s h hi h is no o i i i h r n ro h u ur n go i ions n h n h in r ion o rious o i r s i ongoing or so i o o Mr. Barry Andrews, MEP, stated “the political alignment perspective between Ireland and the U whether we like it or not is gone” as a result of Brexit, and that a new r ionshi n h n h n r n n h us no o
Mr. Dáithí O’Ceallaigh, IIEA s h hi h r r n o or uni i s rising ro r i or r n n h is n s ho h r r signi i n i i ions or or h rn r n r i u r u o h i i r r s n ion o or h rn r n i s hroughou our rs o r i n go i ions Mr. O’Ceallaigh highlighted however, tha h r h s n gr or o r h rs ri ish rish r i n r o i s n h shou on inu
“It is important Irish parliamentarians meet and talk as often as they can to their opposite numbers in the U and to the e tent they are allowed to their opposite numbers in the orth. The E ecutive is very fragile. It did not e ist for almost all of the re it negotiation which meant that the political power went from elfast to estminster and to a very specific group in estminster which was not representative of all of the different views in orthern Ireland. Irish parliamentarians should try to meet and talk as often as possible to their opposite numbers in ritain and in orthern Ireland.
or si years from to I was the Irish ambassador in ondon. The ood riday greement was not a final agreement. It was an overall agreement and there g
n i ion Mr s C high igh h i rg n in ro ion s ou r were many pieces in it that had to be dealt with before it was concluded. uring the s rious issu s roun rs uri n hu n righ s n urg h Co i o ognis n o si years that I was in ondon the two overnments were e ceedingly close o n s in his o i r together. It did not mean that they always agreed but they were determined together to try to provide peace in orthern Ireland. They did so on the basis that “It is one of the things we very much need to keep an eye on. There are a number of what they were trying to do would have to be acceptable to both sides. That is what cybersecurity issues. ne is the ive Eyes which the U is part of with other has been missing over the past four years.” governments which is around national security and which is separate from the arrangements. The U has implemented EU law to date in terms of the recent In order to ensure representation in the E , Mr. Andrews highlighted that the proposed oint directives. ow we move forward particularly as the EU develops laws around these parliamentary assem ly must allow for a spe ifi group for orthern Ireland Assem ly and MEPs to issues is very important. I am very conscious that developments in technology and have regular engagement on this. In addition, Mr. Andrews pointed to the oint onsultative wor ing digital law issues often leave human rights behind to catch up in their wake and the group under the spe ialised ommittee under the withdrawal agreement whi h ould in lude EU has been pretty good at trying to move forward quickly. e know some of the orthern Ireland a ademi s and other representatives when it ommen es monthly meetings. he issues from chrems and other cases. It is important to see where we go from here. I Committee agreed that representation of orthern Ireland voi es is essential for ensuring the est do not think the EU has been behind the curve to date but the U may diverge as outcomes in relation to the UK’s withdrawal. the EU develops and that will cause quite a big issue.” everal MEPs highlighted the EU’s diffi ulties with the unilaterally extending the implementation h Co i gr h onsis n r i s in h r o ou n ss r o nsur n of its full ustoms pro edures and the Committee agreed that measures and onditions of trade o n i i s r i i r n rr high igh h n o oni or h agreements must e implemented as agreed to ensure, in so far as possi le, the ontinuation of o n s roun ro ion in h or h o ing rs so h r n n u Ireland’s special relationship with the UK post Brexit. In the wee s prior to the UK’s withdrawal, Mr. r r or n ou o s r rr s h ro ion is n r h o s h Mi hael ussell, M P, outlined the importan e of ommuni ation etween overnment odies and i n h i i n ss r o oun o u ur i rg n s n s o i ig h pointed to a need for greater olla oration in the future i s o his h Co i no h hir oun ri s usu on rg i h n s n r n “ n the relationship issue it is important that the cottish arliament and the h i i important to ensure there is “not mass surveillance for security purposes of EU citizen’s ireachtas be in communication. This is one of the ways in which we can do it. e data by the U ”. h Co i gr h ur h r in ion o o s ou n ss r can give evidence to committees but we can also make sure that committees for or h in r or o h Co i o o ur h r i n surroun ing h u e ample can sit in oint session and can also undertake investigations and can meet isions o rg each other in circumstances in which there can be meaningful dialogue in this connection. e do that with a range of bodies and I would like to see that h Co i no hroughou ng g n s h hi h is no o i i i h r n ro happening here. enator yrne and the committee members are very welcome to h u ur n go i ions n h n h in r ion o rious o i r s i visit cotland and we hope they will do so when it is possible.” ongoing or so i o o Mr. Barry Andrews, MEP, stated “the political alignment perspective he Committee noted that the need for olla oration on a politi al level was e hoed throughout between Ireland and the U whether we like it or not is gone” as a result of Brexit, and that a new Committee engagements. Commissioner M uinness highlighted that, in order to limit the r ionshi n h n h n r n n h us no o impli ations of Brexit, there was a need for etter dialogue and that the pu li dis ourse fo uses too Mr. Dáithí O’Ceallaigh, IIEA s h hi h r r n o or uni i s rising ro r i or mu h on the pro lems rather than the solutions. r n n h is n s ho h r r signi i n i i ions or or h rn r n r i u r owever, the Committee also a nowledged the impa ts of Covid restri tions on negotiations u o h i i r r s n ion o or h rn r n i s hroughou our rs o r i and agreed that the restri tions only added to the hallenge of a hieving agreements post Brexit and n go i ions Mr. O’Ceallaigh highlighted however, tha h r h s n gr or o r h rs noted the view that interparliamentary group meetings are unli ely to re ommen e efore the ri ish rish r i n r o i s n h shou on inu Autumn. he Committee agreed that stru tures su h as the British Irish Intergovernmental “It is important Irish parliamentarians meet and talk as often as they can to their Conferen e an help to address the issues fa ing orthern Ireland and that further inter opposite numbers in the U and to the e tent they are allowed to their opposite parliamentary stru tures may e re uired to en ourage olla oration etween Irish and numbers in the orth. The E ecutive is very fragile. It did not e ist for almost all of overnments. Mr. Barry Andrews, MEP, emphasised the importan e of orthern Ireland the re it negotiation which meant that the political power went from elfast to representation in the E and stated the need for greater dialogue etween Belfast and Brussels to estminster and to a very specific group in estminster which was not wor through the issues arising post Brexit and redu e tensions for the future enefit of the all representative of all of the different views in orthern Ireland. Irish island e onomy. Mr. Andrews further advised that some citizens have felt “voiceless” throughout parliamentarians should try to meet and talk as often as possible to their opposite the pro ess and that numbers in ritain and in orthern Ireland. “One avenue for dialogue could be the creation of a dedicated parliamentary or si years from to I was the Irish ambassador in ondon. The ood structure between the orthern Ireland ssembly and the European arliament in riday greement was not a final agreement. It was an overall agreement and there recognition of the fact that orthern Ireland will continue to observe many EU rules g Page
despite lac ing representation in the . he need to ma e the rotocol wor for all communities in orthern reland is crucial given that the orthern reland ssembly will vote on the continuation of the Protocol in under four years’ time.”
he ommittee agreed that cross order connectivit is crucial for maintaining and nurturing the Ireland orthern Ireland relationship and Mem ers agreed that developing road or rail lin infrastructures on a cross order asis would ena le greater access to higher education institutes and emplo ment on oth sides of the order. he ommittee commended the announcement of the trategic ail eview which will “examine the role and potential of rail on an all island basis with input from relevant transport authorities in both urisdictions”.
Mr. Mc rane highlighted that the concept of the orth outh or u lin elfast economic corridor is a concept that remains valid on the Island and stated that “it should be relaunched until it is done”. Mr. Mc rane advised that the ritish Irish ham er of ommerce have wor ed closel with colleagues in U, the orthern Ireland ham er of ommerce and others to promote the orth outh u lin elfast economic corridor
“We are completely agnostic on where the jobs could be made to happen on this island and across these islands. hey will most li ely be made by people from some part of these two islands whereas foreign direct investment may come and go because of ta ation and other changes such as wor ing from home. t is the people from this broad patch of earth that will promote the well being of this broad patch of earth and that orth outh ublin elfast corridor has every potential if we can just get some investment into it in the weeks and months ahead.”
Mr. arr Aughe , Aughe creens, highlighted the need to focus on rebuilding a more “e uitable and e ual society” in the aftermath of Brexit and Covid and stated that the provision of a high speed rail pro ect for the orth est region would ring “investment, jobs and opportunity and address social issues and bring communities together.” uch a pro ect would provide an estimated travel time from u lin to etter enn of minutes as opposed to the minutes car.
he ommittee noted that there is currentl no rail infrastructure or motorwa in the orth est and agreed that, historicall , there has een a significant lac of investment in the orth est. urthermore, the proposal for the rail pro ect offers the potential of re uvenating towns and villages across the region while providing a more alanced econom across the Island. he ommittee agreed that such a pro ect would re uire significant investment from oth pu lic and private sectors as well as funding on an EU level and noted that the private sector “believes in the scope and ability of the pro ect”. In terms of cost, Mr. Aughe outlined that “It is proposed that the Irish and UK Governments should both get involved. It is proposed that each overnment would provide between and so that would be capped at at most. t is also envisaged that uropean structural funds will help to subsidise some of the cost. he rest will be driven by the private sector. n doing so it is believed that this can be delivered in a timely and cost efficient manner.
he estimates involved were calculated between and . he net figure is €9.362 billion, a substantial amount. It covers the construction of the tracks, railway stations or terminals the trains and the train sets design and planning consultation with the public and professional fees. t is li ely given the current environment that that cost is now outdated and therefore low. run an engineering
age despite lac ing representation in the . he need to ma e the rotocol wor for all business in onaghan and since anuary there have been three price hikes for steel. communities in orthern reland is crucial given that the orthern reland ssembly It is likely that the figure of €9.362 billion is low now. It is the result of work that we will vote on the continuation of the Protocol in under four years’ time.” have done to date.”
he ommittee agreed that cross order connectivit is crucial for maintaining and nurturing the r. ughe highlighted that in order for the pro ect to gain momentum there is a need for the Ireland orthern Ireland relationship and Mem ers agreed that developing road or rail lin orth est corridor to become a committed polic ith focus and drive from both urisdictions. r. infrastructures on a cross order asis would ena le greater access to higher education institutes ughe further advised that ith better investment in the region the area ill populate and in turn and emplo ment on oth sides of the order. he ommittee commended the announcement of the provide a firm basis for business investment. he Committee agreed that a ell connected rail trategic ail eview which will “examine the role and potential of rail on an all island basis with net or in reland ould allo people to reach places of or and education more easil and that input from relevant transport authorities in both urisdictions”. further investment in propert and living around rail lines ould automaticall follo suit. urthermore embers agreed that the potential for boosting economic gro th and encouraging Mr. Mc rane highlighted that the concept of the orth outh or u lin elfast economic corridor is people to live be ond urban centres such as ublin ould not be possible ithout providing the a concept that remains valid on the Island and stated that “it should be relaunched until it is done”. infrastructure needed to facilitate living in such areas. Mr. Mc rane advised that the ritish Irish ham er of ommerce have wor ed closel with colleagues in U, the orthern Ireland ham er of ommerce and others to promote the orth outh u lin elfast economic corridor
“We are completely agnostic on where the jobs could be made to happen on this island and across these islands. hey will most li ely be made by people from some part of these two islands whereas foreign direct investment may come and go because of ta ation and other changes such as wor ing from home. t is the people from this broad patch of earth that will promote the well being of this broad patch of earth and that orth outh ublin elfast corridor has every potential if we can just get some investment into it in the weeks and months ahead.”
Mr. arr Aughe , Aughe creens, highlighted the need to focus on rebuilding a more “e uitable and e ual society” in the aftermath of Brexit and Covid and stated that the provision of a high speed rail pro ect for the orth est region would ring “investment, jobs and opportunity and address social issues and bring communities together.” uch a pro ect would provide an estimated travel time from u lin to etter enn of minutes as opposed to the minutes car.
he ommittee noted that there is currentl no rail infrastructure or motorwa in the orth est and agreed that, historicall , there has een a significant lac of investment in the orth est. urthermore, the proposal for the rail pro ect offers the potential of re uvenating towns and villages across the region while providing a more alanced econom across the Island. he ommittee agreed that such a pro ect would re uire significant investment from oth pu lic and private sectors as well as funding on an EU level and noted that the private sector “believes in the scope and ability of the pro ect”. In terms of cost, Mr. Aughe outlined that “It is proposed that the Irish and UK Governments should both get involved. It is proposed that each overnment would provide between and so that would be capped at at most. t is also envisaged that uropean structural funds will help to subsidise some of the cost. he rest will be driven by the private sector. n doing so it is believed that this can be delivered in a timely and cost efficient manner.
he estimates involved were calculated between and . he net figure is €9.362 billion, a substantial amount. It covers the construction of the tracks, railway stations or terminals the trains and the train sets design and planning consultation with the public and professional fees. t is li ely given the current environment that that cost is now outdated and therefore low. run an engineering
age age
Trade Flows and Customs . he Committee ac no ledges the increase in customs documentation as a result of the UK’s withdrawal from the EU. In light of this, the Committee recommends a revie of the paper or re uired for customs and ports to ensure duplication is avoided. n addition the Committee recommends an immediate move to ards the digitisation of paper or be implemented to include automation here possible to ensure speed and efficienc is maintained at ports.
. he Committee notes that man of the standards and regulations that re uire documentation in the trade sector fall under an competenc and that it ma not be feasible to limit the paper or associated ith these. s such the Committee recommends that engagement bet een relevant bodies in reland the and the ta e place to examine these issues and ascertain areas that can be revie ed on an level.
. n light of the evidence highlighting a lac of consistenc in the use of the s stem b relevant epartments and tate agencies at ports the Committee is of the vie that a centralised s stem for communication be developed and implemented for use. ll agencies at port should use this centralised s stem onl for the purpose of communicating ith relevant authorities. raining should be provided to staff to facilitate the use of the centralised s stem and to ensure that efficienc at ports remains a priorit .
. he Committee recommends that the technological developments as outlined b evenue the epartment of griculture ood and the arine and the be implemented ithout dela and full training to staff be provided to ensure consistent communication bet een all bodies and those or ing in the trade sector.
. n light of the overnment decision to postpone the implementation of full customs procedures and chec s until ctober the Committee agrees that the area of trade and customs flo s ill be revisited in its utumn sessions for inclusion in the final report of the Committee.
. he Committee recommends the establishment of a single access indo that ould facilitate greater efficienc for traders at ports and limit the dela s associated ith the administration and customs re uirements. his access indo ould provide traders ith a single entit for such re uirements. senior point of contact is another option that could be allocated to larger traders for this purpose.
. n light of the impact on the trade sector the Committee agrees that greater collaboration of the ma or sta eholders in the and reland port sector is needed. o encourage this the Committee recommends the establishment of a reland port and transit forum to facilitate information exchange and discussion around the logistics and best practices for trade.
age
. he Committee re ommends that a re iew of ferr times and terminal o ening times e ond ted when goods ret rn to le els following o id to fa ilitate effi ient trading thro gh lin ort.
Trade Flows and Customs . he Committee re ommends that an e amination of the ort t nnel arriers e . he Committee ac no ledges the increase in customs documentation as a result of the ond ted with a iew to a mo e to an ele troni s stem to red e f el ons m tion UK’s withdrawal from the EU. In light of this, the Committee recommends a revie of and tr emissions at orts. the paper or re uired for customs and ports to ensure duplication is avoided. n addition the Committee recommends an immediate move to ards the digitisation of . he Committee re ommends that f rther onsideration sho ld e gi en to the paper or be implemented to include automation here possible to ensure speed and otentials for Cor ort s h as the reation of a order ins e tion ost. he Committee efficienc is maintained at ports. agreed that the de elo ment of Cor ort is an opportunity to increase Ireland’s
onne ti it and wo ld e a enefit to all orts on the island. . he Committee notes that man of the standards and regulations that re uire documentation in the trade sector fall under an competenc and that it ma not be . he Committee notes the UK e tension to the im lementation of its f ll stoms feasible to limit the paper or associated ith these. s such the Committee ro ed res. In light of this, the Committee is of the iew that sinesses sho ld ta e the recommends that engagement bet een relevant bodies in reland the and the o ort nit to re are for the otential stoms dela s that ma arise from to er ta e place to examine these issues and ascertain areas that can be revie ed on an . ele ant odies are a aila le to fa ilitate re aration and sho ld ens re a ti e level. omm ni ation with sinesses to en o rage this arti i ation. In addition, the
Committee rges sinesses to rioritise ade ate training for all staff to ens re . n light of the evidence highlighting a lac of consistenc in the use of the s stem b a rate do mentation ertifi ation is ro ided to a oid dela s in trading. relevant epartments and tate agencies at ports the Committee is of the vie that a centralised s stem for communication be developed and implemented for use. ll . he Committee re ognises the dis ro ortionate im a t of osts for Es as a res lt of agencies at port should use this centralised s stem onl for the purpose of re it, as well as the im a t of Co id . s s h, the Committee re ommends an communicating ith relevant authorities. raining should be provided to staff to e amination of the s orts and stim l s a ages for sinesses following the d al facilitate the use of the centralised s stem and to ensure that efficienc at ports remains hallenge of re it and Co id . a priorit . Infrastructure . he Committee recommends that the technological developments as outlined b . he Committee agrees that all rele ant agen ies sit ated at orts e en e, e artment evenue the epartment of griculture ood and the arine and the be of gri lt re, ood and the arine, E and other stoms agen ies sho ld e implemented ithout dela and full training to staff be provided to ensure consistent sit ated in one area terminal to limit nne essar dela s at ort and to en o rage a communication bet een all bodies and those or ing in the trade sector. more ohesi e a roa h agen ies and to free s a e at orts. he Committee therefore re ommends that an e amination of relo ating s h fa ilities at lin ort e . n light of the overnment decision to postpone the implementation of full customs arried o t and that a mo e e im lemented as soon as is ra ti a le. procedures and chec s until ctober the Committee agrees that the area of trade and customs flo s ill be revisited in its utumn sessions for inclusion in the final . he Committee ommends the e ansion of osslare E ro ort and the new dire t report of the Committee. ro tes from ontinental E ro e and is of the iew that, following the re ent demand led transformation of the ort, the ort ontin es to e de elo ed and that f rther . he Committee recommends the establishment of a single access indo that ould reso r es e allo ated to fa ilitate f rther ne essar ro tes sailings. rther facilitate greater efficienc for traders at ports and limit the dela s associated ith the de elo ment of the ort will alle iate ress re on lin ort and ongestion on administration and customs re uirements. his access indo ould provide traders s rro nding motorwa s s h as the . o fa ilitate this e ansion, the Committee ith a single entit for such re uirements. senior point of contact is another option re ommends that the motorwa and lin road to osslare e om leted witho t dela that could be allocated to larger traders for this purpose. to im ro e onne ti it with osslare ort.
. n light of the impact on the trade sector the Committee agrees that greater . In light of the e iden e heard thro gho t engagements, the Committee re ommends collaboration of the ma or sta eholders in the and reland port sector is needed. o that, following the easing of Co id restri tions, a isit to the orts e arranged rior encourage this the Committee recommends the establishment of a reland port and to the Committee’s final re ort. transit forum to facilitate information exchange and discussion around the logistics and best practices for trade. The Rules of Origin
age age
In reco nisin the unanticipated impacts of the rules of ori in the Committee recommends that an e amination e conducted of the potential supports a aila le to miti ate the impacts on those sectors and usinesses most affected n e amination of the planned supports from the re it ad ustment fund could help to inform this process
In li ht of the issues arisin in some sectors as a result of the rules of ori in the Committee is of the ie that an e amination of the feasibility of Ireland’s manufacturin and processin capa ilities e conducted as a potential solution to such issues Incenti es such as rants for the manufacturin of produce in Ireland should e e amined
he Committee reco nises the challen es that ha e arisen for cross order sectors that are disproportionately affected y the rules of ori in issues he Committee a rees that a solution must e reached in order to protect the shared all island economy and the usinesses that contri ute to it. Recognising that decisions around ‘rules of origin’ are made at an le el and the a ility of the Irish o ernment to ma e chan es is limited the Committee recommends that the o ernment ad ocate for fle i ility around the ‘rules of origin’ for products that originate in Northern Ireland and wish to maintain EU and Irish status he Committee therefore ur es the o ernment to ensure that the considers ne rules of ori in hich protect cross order supply chains in all future trade a reements and in re ie s of e istin a reements insofar as is possi le he Committee a rees that further e amination of this issue ill e re uired for its final report follo in further ne otiations in relation to the rules of ori in
he Committee is of the ie that a more fle i le interpretation of the rules of ori in is needed in order to protect cross order supply chains on the island of Ireland here products of mi ed ori in ith components from orthern Ireland and Ireland ant to maintain and Irish status he Committee notes in particular the difficulty ein e perienced y Irish mil products producers here mil from orthern Ireland is ein used in Irish mil products
he Committee further recommends that the o ernment see s to amend the rules of ori in to allo for mi ed ori in products from the island of Ireland to maintain status in any ne trade a reements that the enters into ith third countries and also recommends that the o ernment see s to introduce this fle i ility around rules of ori in into e istin trade a reements hen they come up for re ie
In li ht of the on oin ne otiations in relation to the chec s issue the Committee recommends that further e amination of the issue e conducted in the utumn for reflection in the final report of the Committee
he Committee recommends reater en a ement ith the arliament to discuss issues arisin for the all island economy from the UK’s withdrawal.
The Protocol on Ireland and Northern Ireland he Committee ac no led es that there is some opposition to the orthern Ireland rotocol and recommends continued en a ement ith all parties in orthern Ireland to a e
In reco nisin the unanticipated impacts of the rules of ori in the Committee try and bring about a solution to the current impasse on the rotocol to the benefit of all recommends that an e amination e conducted of the potential supports a aila le to citi ens on the island. miti ate the impacts on those sectors and usinesses most affected n e amination of the planned supports from the re it ad ustment fund could help to inform this process . In light of the significant opposition by some politicians and groups in Northern Ireland to the Northern Ireland rotocol the ommittee recommends that the Irish o ernment In li ht of the issues arisin in some sectors as a result of the rules of ori in the and the European Union begin preparations immediately for the upcoming ote in Committee is of the ie that an e amination of the feasibility of Ireland’s Northern Ireland through the consent mechanism of the ithdrawal greement on the manufacturin and processin capa ilities e conducted as a potential solution to such continuation of the Northern Ireland rotocol. he ote is due to ta e place in the issues Incenti es such as rants for the manufacturin of produce in Ireland should e Northern Ireland ssembly four years after the implementation of the ithdrawal e amined greement on the st ecember . he ommittee is of the strong iew that a positi e ote to maintain the Northern Ireland protocol cannot be ta en for granted. he Committee reco nises the challen es that ha e arisen for cross order sectors that are disproportionately affected y the rules of ori in issues he Committee a rees that . In ac nowledging the differing political iews arising from the rotocol on Ireland and a solution must e reached in order to protect the shared all island economy and the Northern Ireland the ommittee agrees that the full alue of the rotocol has yet to be usinesses that contri ute to it. Recognising that decisions around ‘rules of origin’ are seen and that in order to address many of the trade issues arising the rotocol must be made at an le el and the a ility of the Irish o ernment to ma e chan es is limited fully implemented. In order to achie e this the ommittee agrees that a more the Committee recommends that the o ernment ad ocate for fle i ility around the pragmatic collaborati e approach to engagement on all sides is re uired. he ‘rules of origin’ for products that originate in Northern Ireland and wish to maintain EU ommittee further agrees that there are practical solutions to the issues surrounding and Irish status he Committee therefore ur es the o ernment to ensure that the the rotocol and that greater fle ibility is needed to resol e them as negotiations considers ne rules of ori in hich protect cross order supply chains in all future trade continue in this area. a reements and in re ie s of e istin a reements insofar as is possi le he Committee a rees that further e amination of this issue ill e re uired for its final report follo in . he ommittee encourages sta eholders to ma imise and ta e full ad antage of the further ne otiations in relation to the rules of ori in benefits and protections of the Northern Ireland rotocol.
he Committee is of the ie that a more fle i le interpretation of the rules of ori in is Citizens’ Rights needed in order to protect cross order supply chains on the island of Ireland here . ollowing re it the rights of citi ens in Northern Ireland ha e been se erely impacted products of mi ed ori in ith components from orthern Ireland and Ireland ant to and the ommittee agrees that this policy area is becoming more comple as the maintain and Irish status he Committee notes in particular the difficulty ein implications emerge. he ommittee notes that some of the rights protected under e perienced y Irish mil products producers here mil from orthern Ireland is ein rticle of the rotocol are not being upheld and recommends that a public used in Irish mil products consultation be conducted without delay to ascertain the full le el of impact on the daily li es of those li ing in Northern Ireland. uch a public consultation would be he Committee further recommends that the o ernment see s to amend the rules of fundamental in informing future policy decisions. ori in to allo for mi ed ori in products from the island of Ireland to maintain status in any ne trade a reements that the enters into ith third countries and also . he ommittee agrees that there is a gap in relation to e uality of rights following re it recommends that the o ernment see s to introduce this fle i ility around rules of in Northern Ireland and that solutions to this issue must be discussed and implemented ori in into e istin trade a reements hen they come up for re ie without delay. In addition the ommittee notes the impact of re it on asylum see ers non EU migrants and refugees and is of the iew that an e amination of this specific In li ht of the on oin ne otiations in relation to the chec s issue the Committee area must be conducted for the Committee’s final report. urthermore the rights of recommends that further e amination of the issue e conducted in the utumn for those who li e a nomadic lifestyle around the border including members of the reflection in the final report of the Committee tra elling community and roma community must be ta en into account.
he Committee recommends reater en a ement ith the arliament to discuss . he ommittee agrees that as a di erse island it is impractical that freedom of issues arisin for the all island economy from the UK’s withdrawal. mo ement across the border be limited solely to UK and Irish citi ens. he ommittee therefore recommends that clarity must be pro ided around the implications on freedom of mo ement on the Island particularly in relation to the free mo ement of non Irish or non ritish citi ens who are resident in Ireland Northern Ireland on a cross The Protocol on Ireland and Northern Ireland border basis. he Committee ac no led es that there is some opposition to the orthern Ireland rotocol and recommends continued en a ement ith all parties in orthern Ireland to a e age
urthermore the Committee recommends reater public en a ement to raise a areness of the potential issues that ma arise should the o ernment introduce an electronic tra el authorisation s stem for the border.
. n li ht of the increased instances of racial profilin in the policin of the C and other challen es arisin for the citi ens ithin this area the Committee recommends that an e amination of stren thenin the C throu h le islati e underpinnin be conducted to ensure clarit in the lon term and to ob iate undesirable practices occurrin in the policin of it.
. he Committee recommends that further clarit be sou ht in relation to the impacts on otin ri hts for those in orthern reland. n addition the Committee recommends that the o ernment e amine the potential for ensurin rish citi ens in orthern reland ha e the ri ht to ote in elections.
. he Committee ac no led es that follo in re it a democratic deficit no e ists in orthern reland ith citi ens bein sub ect to in le ar et and Customs rules but ha in no directl elected member to the uropean arliament. he Committee is of the ie that the rish o ernment must ma e e er effort to ensure the oice of citi ens in orthern reland is properl represented at le el.
Mutual recognition of professional qualifications . he Committee recommends that a standard frame or for the reco nition of professional ualifications be e plored to a oid an lon term ne ati e impacts of the current fra mented s stem.
Education and Research . he Committee recommends increased and consistent en a ement bet een hi her education and political bodies must continue to miti ate the impacts arisin from re it.
. The Committee recommends that consideration be given to collaborating with the UK’s urin cheme to maintain hi her education relationships ith the . oreo er the Committee recommends that a similar scheme be established in reland to pro ide a continuation of the mobilit for students and staff that has been lost throu h the discontinuation of the rasmus pro ramme in the .
. he Committee recommends that an a areness campai n in relation to the rasmus pro ramme be launched to encoura e reater upta e of stud and or abroad opportunities.
. he Committee recommends further in estment in the hi her and further education sector to meet the increased challen es faced b the sector follo in re it. he Committee a rees that further e amination of the potential need for increased capacit in rish uni ersities ill be necessar follo in the easin of Co id restrictions.
. he Committee recommends that better in estment of the research and de elopment sector is ital if reland is to maintain and enhance its stron research lin s ith the . The Committee therefore suggests an examination of the Government’s budget allocation for research and de elopment be conducted to facilitate reland in reachin a e
urthermore the Committee recommends reater public en a ement to raise the U average of urthermore such investment should allow for additional a areness of the potential issues that ma arise should the o ernment introduce rogrammes that can nurture collaboration in the research sector an electronic tra el authorisation s stem for the border. The Committee recommends that consideration be given to establishing a UK reland . n li ht of the increased instances of racial profilin in the policin of the C and other bilateral research fund to rovide resourcing and facilitate further collaboration in the challen es arisin for the citi ens ithin this area the Committee recommends that an research sector across the UK and reland e amination of stren thenin the C throu h le islati e underpinnin be conducted to ensure clarit in the lon term and to ob iate undesirable practices occurrin in the Health policin of it. The Committee recommends that the new tem orar orthern reland lanned ealthcare cheme be under inned with legislation without dela to continue the . he Committee recommends that further clarit be sou ht in relation to the impacts on facilitation of cross border access to healthcare be ond ecember and to otin ri hts for those in orthern reland. n addition the Committee recommends that ensure best clinical outcomes for those awaiting treatment The Committee is of the the o ernment e amine the potential for ensurin rish citi ens in orthern reland view that such legislation should be drafted as soon as is racticable and that the ha e the ri ht to ote in elections. Government should not wait until the tem orar scheme ex ires to do so
. he Committee ac no led es that follo in re it a democratic deficit no e ists in The Committee is of the view that atients articularl those in older cohorts who tend orthern reland ith citi ens bein sub ect to in le ar et and Customs rules but to access the cheme should not be disincentivised to access care for enhancing their ha in no directl elected member to the uropean arliament. he Committee is of the ualit of life s such the Committee recommends that a rewor ed scheme for ie that the rish o ernment must ma e e er effort to ensure the oice of citi ens in accessing treatment without full a ment in advance should be considered when orthern reland is properl represented at le el. moving on from the current tem orar scheme
Mutual recognition of professional qualifications n reviewing the cheme the Committee also recommends that an examination of . he Committee recommends that a standard frame or for the reco nition of ex anding the cheme to allow a reimbursement of fees for treatment in rivate professional ualifications be e plored to a oid an lon term ne ati e impacts of the hos itals in reland be considered current fra mented s stem. The Committee recommends that following the im lementation of a new scheme on a Education and Research legislative basis the medical assistance scheme should be ex anded . he Committee recommends increased and consistent en a ement bet een hi her as described in Committee engagements education and political bodies must continue to miti ate the impacts arisin from re it. Data Flows . The Committee recommends that consideration be given to collaborating with the UK’s n light of the otential divergence in data rotection legislation between the UK and the urin cheme to maintain hi her education relationships ith the . oreo er the U and the im lications this ma have for data flows orth outh the Committee Committee recommends that a similar scheme be established in reland to pro ide a recommends that a ublic awareness cam aign to inform the ublic and businesses of continuation of the mobilit for students and staff that has been lost throu h the the im lications for citi ens in orthern reland reland uch a cam aign would also discontinuation of the rasmus pro ramme in the . inform and re are the ublic and in articular smaller businesses should there be divergence in the area of data in the future . he Committee recommends that an a areness campai n in relation to the rasmus pro ramme be launched to encoura e reater upta e of stud and or abroad The Committee recommends the rovision of greater ublic su ort for the ado tion of opportunities. the U data ade uac decisions b the e artment of ustice uch decisions are highl significant in avoiding divergence in data rotection legislation between the UK and the . he Committee recommends further in estment in the hi her and further education U sector to meet the increased challen es faced b the sector follo in re it. he Committee a rees that further e amination of the potential need for increased capacit The Committee also recommends that consistent reviews to monitor develo ments in rish uni ersities ill be necessar follo in the easin of Co id restrictions. around data rotection in the UK should be conducted over the coming ears so that reland is full re ared for an im lications that ma arise . he Committee recommends that better in estment of the research and de elopment sector is ital if reland is to maintain and enhance its stron research lin s ith the . The Committee therefore suggests an examination of the Government’s budget Future relations allocation for research and de elopment be conducted to facilitate reland in reachin a e age
The Committee is of the view that good future relations between the U and the UK and between reland and the UK is in the best interests of all citi ens and businesses The Committee ac nowledges that rexit has ut significant strain on those relationshi s and it is essential that confidence building and trust measures between the relevant arties are further develo ed
The Committee agrees that strong communication is an essential as ect of mitigating the im acts of rexit and is of the view that the inter arliamentar wor that has reviousl existed between ritish and rish bodies should continue and that following Covid engagement should increase in order to build on and enhance the future relationshi of the UK and reland
The Committee is of the strong view that the UK Government must im lement the ithdrawal greement in full including the rotocol on reland and orthern reland in order to restore trust in the rocess and ensure the long term successful im lementation of the Trade and Coo eration greement and good future relations between the U and the UK and between reland and the UK
The Committee also agrees that it is essential for orthern reland voices to be ade uatel heard in the dialogue around rexit and recommends that the establishment of a dedicated structure between the orthern reland ssembl and the uro ean arliament be considered in addition to an other necessar forum to facilitate full communication and re resentation of the voices of those most im acted b rexit
The Committee agrees that there are man otential o ortunities for the all island econom as a result of rexit and recommends further and ongoing engagement between rish arliamentar Committees and orthern reland arliamentar Committees to ex lore the future o ortunities for the island
The Committee recommends that further examination be given to the otential for a orth outh economic corridor that can facilitate trade em lo ment and education on a cross border all island basis
The Committee also recommends that consideration should be given to a high s eed rail ro ect for the orth est region urther examination of the ro ect should be conducted with a view to roviding greater connectivit for the region thereb roviding o ortunit for economic growth and investment
age
The Committee is of the view that good future relations between the U and the UK and between reland and the UK is in the best interests of all citi ens and businesses The Committee ac nowledges that rexit has ut significant strain on those relationshi s and it is essential that confidence building and trust measures between the relevant arties are further develo ed
The Committee agrees that strong communication is an essential as ect of mitigating the im acts of rexit and is of the view that the inter arliamentar wor that has reviousl existed between ritish and rish bodies should continue and that following Covid engagement should increase in order to build on and enhance the future relationshi of the UK and reland
The Committee is of the strong view that the UK Government must im lement the ithdrawal greement in full including the rotocol on reland and orthern reland in order to restore trust in the rocess and ensure the long term successful im lementation of the Trade and Coo eration greement and good future relations between the U and the UK and between reland and the UK
The Committee also agrees that it is essential for orthern reland voices to be ade uatel heard in the dialogue around rexit and recommends that the establishment of a dedicated structure between the orthern reland ssembl and the uro ean arliament be considered in addition to an other necessar forum to facilitate full communication and re resentation of the voices of those most im acted b rexit
The Committee agrees that there are man otential o ortunities for the all island econom as a result of rexit and recommends further and ongoing engagement between rish arliamentar Committees and orthern reland arliamentar Committees to ex lore the future o ortunities for the island
The Committee recommends that further examination be given to the otential for a orth outh economic corridor that can facilitate trade em lo ment and education on a cross border all island basis
The Committee also recommends that consideration should be given to a high s eed rail ro ect for the orth est region urther examination of the ro ect should be conducted with a view to roviding greater connectivit for the region thereb roviding o ortunit for economic growth and investment
age age
–
Senator Joe O’Reilly
age
– en i – er o Re eren e o t e o ittee
Senator Joe O’Reilly
age age
age
age age
Houses of the Oireachtas Leinster House Kildare Street Dublin 2 D02 XR20 www.oireachtas.ie Tel: +353 (0)1 6183000 or 076 1001700 Twitter: @OireachtasNews
Connect with us
Download our App