Brexit Briefing for Middletown Centre for Autism Dr Anthony Soares Deputy Director, Centre for Cross Border Studies

How did we get here? The referendum Economic governance (Eurozone and non- Eurozone) Competitiveness Sovereignty Immigration

Where are we going? The UK Government’s overall position Single Market Customs Union Free Trade Agreement WTO rules

Triggering Article 50: the UK’s priorities For the UK and EU “to engage with one another constructively and respectfully, in a spirit of sincere cooperation”, and in the knowledge that “the United Kingdom does not seek membership of the single market”. Achieving early agreement on the rights of EU citizens in the UK, and UK citizens in the EU. To secure a comprehensive agreement that includes economic and security cooperation, and “determine a fair settlement of the UK’s [financial] rights and obligations as a departing member state”. Moreover that “it is necessary to agree the terms of our future partnership alongside those of our withdrawal from the EU”. To minimise the disruption and uncertainty to businesses and citizens by agreeing on “implementation periods” as the UK moves from its current relationship with the EU to a future partnership. To “pay attention to the UK’s unique relationship with the Republic of Ireland and the importance of the peace process in Northern Ireland”. In doing so, there is the desire to “avoid a return to a hard border”, maintain the Common Travel Area, and that “the UK’s withdrawal from the EU does not harm the Republic of Ireland”, whilst also continuing to uphold the 1998 Belfast/Good Friday Agreement. That although agreement on a high-level approach to the technical issues arising from the UK’s withdrawal will be an early priority, the negotiations should also prioritise UK proposals for a “bold and ambitious Free Trade Agreement between the United Kingdom and the European Union”. To “continue to work together to advance and protect our shared European values”.

The EU agenda: European Council Article 50 guidelines (29 April 2017) The main purpose of the negotiations will be to ensure the United Kingdom's orderly withdrawal so as to reduce uncertainty and, to the extent possible, minimise disruption caused by this abrupt change. To that effect, the first phase of negotiations will aim to: provide as much clarity and legal certainty as possible to citizens, businesses, stakeholders and international partners on the immediate effects of the United Kingdom's withdrawal from the Union; settle the disentanglement of the United Kingdom from the Union and from all the rights and obligations the United Kingdom derives from commitments undertaken as Member State.

The EU agenda: The Commission’s Negotiating Directives (3 May 2017) In line with the European Council guidelines, the Union is committed to continuing to support peace, stability and reconciliation on the island of Ireland. Nothing in the Agreement should undermine the objectives and commitments set out in the Good Friday Agreement and its related implementing agreements; the unique circumstances and challenges on the island of Ireland will require flexible and imaginative solutions. Negotiations should in particular aim to avoid the creation of a hard border on the island of Ireland, while respecting the integrity of the Union legal order. Full account should be taken of the fact that Irish citizens residing in Northern Ireland will continue to enjoy rights as EU citizens. Existing bilateral agreements and arrangements between Ireland and the United Kingdom, such as the Common Travel Area, which are in conformity with EU law, should be recognised. The Agreement should also address issues arising from Ireland’s unique geographic situation, including transit of goods (to and from Ireland via the United Kingdom).

Terms of Reference for Article 50 negotiations (19 June 2017) The following initial negotiating groups have been established: Citizens' rights; Financial Settlement; Other Separation issues. In addition, a dialogue on Ireland / Northern Ireland has been launched under the authority of the Coordinators.

CCBS Submission to House of Lords Inquiry (October 2016) In terms of movement of non-Irish EU citizens across the Ireland- Northern Ireland border, there may be no need to establish permanent passport control posts. Instead, an approach could be taken that would permit the entry of non-Irish EU citizens into Northern Ireland from the Republic of Ireland in the knowledge that those who do so without the requisite entitlement would not legally be able to reside, seek employment, study or gain access to social welfare and healthcare services or benefits. Moreover, in order to avoid the political instability that would be caused in Northern Ireland if any passport controls were to be imposed that would be discriminatory in nature between UK citizens, this approach could be extended to movement of non-Irish EU citizens from Northern Ireland into other parts of the United Kingdom.

Citizens’ Rights and the Common Travel Area (26 June 2017) The residence document will enable EU citizens (and their families) living in the UK to demonstrate to third parties (such as employers or providers of public services) that they have permission to continue to live and work legally in the UK. Following the UK’s exit from the EU, the Government may wish to introduce controls which limit the ability of EU citizens (and their families) who arrive in the UK after exit to live and work here. As such, without a residence document, current residents may find it difficult to access the labour market and services (pp.7-8).

Citizens’ Rights and the Common Travel Area (26 June 2017) “without prejudice to Common Travel Area arrangements between the UK and Ireland […], and the rights of British and Irish citizens in each others’ countries rooted in the Ireland Act 1949”. “Irish citizens residing in the UK will not need to apply for settled status to protect their entitlements”.

UK Position Paper on Northern Ireland and Ireland (16 August 2017) Four high-level principles: Upholding the Belfast/Good Friday Agreement Avoiding a hard border Maintaining the CTA Continued North-South and East-West cooperation, including on energy

UK Position Paper on Northern Ireland and Ireland (16 August 2017) CCBS has noted that the realisation of many of these priorities is made dependent on the UK achieving an FTA with the EU. “Ensuring that the full spectrum of North-South and East-West co-operation can continue will require the type of bold and ambitious Free Trade Agreement that the UK has committed to” (para 65).

UK Position Paper on Northern Ireland and Ireland (16 August 2017) The UK Government set out a number of proposals it suggested could be agreed by October: “reached agreement on the scope of the issues arising from the Belfast (‘Good Friday‘) Agreement, and specifically agreed to confirm our continued support for the Agreement” (para 24).

UK Position Paper on Northern Ireland and Ireland (16 August 2017) “without prejudice to the wider discussions [including on regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures] on the financial settlement and Structural and Investment Funds, the UK and the EU should agree the continuation of funding for PEACE IV for the duration of the existing programme and, with the Northern Ireland Executive and the Irish Government, explore a potential future programme post 2020” (para 17).

UK Position Paper on Northern Ireland and Ireland (16 August 2017) CCBS has previously recommended that agreement should be reached to ensure the continued eligibility of Northern Ireland in the European Territorial Cooperation Programmes (i.e. PEACE and INTERREG) and transnational programmes e.g. Horizon 2020 (Framework Programme 9 post-2020), Erasmus+, Life and Europe for Citizens.

UK Position Paper on Northern Ireland and Ireland (16 August 2017) “agreed that the Common Travel Area and associated rights should be preserved and acknowledged in the Withdrawal Agreement” (para 75).

UK Position Paper on Northern Ireland and Ireland (16 August 2017) CCBS agrees with the UK Government’s objective of maintaining the Common Travel Area and its associated rights, but it is our view that this matter should not be completely disassociated from the issue of the rights of EU citizens in the UK and of UK nationals in the EU. It is of some concern that the UK Government hopes to achieve agreement on acceptance by the EU of these bilateral arrangements between the Irish and UK Governments (although nothing is agreed until everything is agreed), without reference to other issues related to citizens’ rights.

UK Position Paper on Northern Ireland and Ireland (16 August 2017) The land border should be “seamless and frictionless”, “invisible and open” and that the special commitment in the Belfast/Good Friday Agreement for the removal of security installations should be respected (paras 34- 36).

UK Position Paper on Northern Ireland and Ireland (16 August 2017) Some of the specific facilitations set out in Future customs arrangements: a future partnership paper … would be essential to enable a Northern Ireland border under the model of a highly streamlined customs arrangement that is as seamless as possible (para 47).

UK Position Paper on Northern Ireland and Ireland (16 August 2017) It is disappointing that the UK Government continues to subordinate its proposed principles and technical suggestions in respect of the land border to its objectives for a new customs partnership arrangement with the EU.

EU’s Guiding Principles for the Dialogue on Ireland/Northern Ireland (6 September 2017) “The onus to propose solutions which overcome the challenges created on the island of Ireland by the United Kingdom's withdrawal from the European Union and its decision to leave the customs union and the internal market remains on the United Kingdom”.

EU’s Guiding Principles for the Dialogue on Ireland/Northern Ireland (6 September 2017) “The Good Friday Agreement established interlocking political institutions which reflect the totality of the relationships on the islands of Great Britain and Ireland. The institutions, which provide frameworks for cooperation between both parts of the island and between Ireland and Great Britain, will need to continue to operate effectively”.

EU’s Guiding Principles for the Dialogue on Ireland/Northern Ireland (6 September 2017) Ensuring the avoidance of a hard border on the island of Ireland is central to protecting the gains of the Peace Process underpinned by the Good Friday Agreement. In view of the unique circumstances on the island of Ireland, flexible and imaginative solutions will be required to avoid a hard border, including any physical border infrastructure. This must be achieved in a way which ensures that Ireland's place within the Internal Market and Customs Union is unaffected.

EU’s Guiding Principles for the Dialogue on Ireland/Northern Ireland (6 September 2017) “North South cooperation between Ireland and Northern Ireland is a central part of the Good Friday Agreement and should be protected across all of the relevant sectors.This cooperation is embedded in the common framework of European Union law policies. It will be necessary for the European Union and the United Kingdom to examine whether, and if so how, the fact that European Union law ceases to apply in the United Kingdom after withdrawal might impact on continued cooperation and whether specific provisions need to be inserted in the Withdrawal Agreement”.

EU’s Guiding Principles for the Dialogue on Ireland/Northern Ireland (6 September 2017) “The Union has provided significant support to the Peace Process including through programmes such as PEACE and INTERREG. The United Kingdom and the Union need to honour their commitments under the current Multi-annual Financial Framework and examine how to ensure implementation in line with applicable European Union rules, including as regards the role and location of the Special European Union Programmes Body”.

Some potential challenges for cross-border organisations Regulatory divergence causing: administrative and financial burdens complication in delivery of services dependent on existing common frameworks uncertainty in recognition of professional qualifications uncertainty over resolution of cross-border disputes creation of different standards

Some potential challenges for cross-border organisations Lack of support for cross-border cooperation due to: NI/UK ineligibility to access EU ETC and other funding, including for research Inadequate UK post-Brexit funding for cross-border cooperation (see UK Shared Prosperity Fund) Continued existence of North-South institutions seen as sufficient proof of support Cross-border cooperation seen as a “luxury” during periods of budgetary pressures