Irish Legislation

One of the objectives of the Protocol on Ireland/Northern Ireland is to “maintain the necessary conditions for continued North-South cooperation” (Article 1(3)) and several of its provisions have direct or indirect implications for Ireland. In particular, Article 3 allows for the UK and Ireland to “continue to make arrangements between themselves relating to the movement of persons between their territories (the Common Travel Area (CTA))”. Implementing these aspects of the Protocol therefore require amendments in Irish law to enable the continuation of North-South cooperation and the CTA in the changed legal environment that results from UK withdrawal from the EU.

On 10 December 2020, the Irish Government passed the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 to make those legislative changes arising from the UK-EU Withdrawal Agreement – including the Protocol – or the UK’s withdrawal from the EU more generally. This ‘Brexit Omnibus Act 2020’ followed the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 which was passed on 17 March 2019 as part of the Irish Government’s preparations for a possible ‘no-deal’ Brexit. The 2019 Act consisted of 15 parts – the majority never came into force – those aspects that were enacted are noted below for reference.

The Brexit Omnibus Act 2020 Act has 22 parts and impacts the portfolios of 11 Ministers/Departments in the Irish Government. An overview of the content is set out below, followed by links to secondary legislation where this has been made under the Brexit Omnibus Acts or under any other primary legislation but which relates to implementation of the Protocol.

Primary Legislation	Entry into Force	Notes
Brexit Omnibus Act 2019 Part 1: Preliminary and General Part 14: Immigration Part 15: Miscellaneous (interpretation)	Part 1 on 26 June 2019 Part 14 on 15 July 2019 Part 15 on 31 January 2020	Explanatory Memorandum
Brexit Omnibus Act 2020 Part 1: Preliminary and General Part 2: Arrangements in relation to Heath Services Part 3: Reimbursement of Medical Expenses Part 4: Amendment of Companies Act 2014 Part 5: Amendment of Employment Permits 2006 Part 6: Activities Relating to Fluorinated Greenhouse Gases Part 7: Amendment of Student Support Act Part 8: Taxation Part 9: Financial Services: Settlement Finality Part 10: Services Part 11: Customs Part 12: Amendment of Harbours Act 1996 Part 13: Third Country Bus Services Part 14: Amendment of Social Welfare Consolidation Act 2005 Part 15: Amendment of Protection of Employees (Employers’ Insolvency) Act 1984 Part 16: Amendment of Extradition Act 1965 Part 17: Immigration Part 18: International Protection Part 19: Recognition of Certain Divorces, Legal Separations and Marriage Annulments Part 20: Amendment of Defamation Act 2009 Part 21: Childcare Support Act 2018 Part 22: Construction Products – Market Surveillance Authority	Part 1 on 17 December 2020 Part 22 on 21 December 2020 Parts 2, 5-11 and 14-21 on 31 December 2020 Part 4 on 15 March 2021 Parts 3 and 13 TBC	Explanatory Memorandum
Secondary Legislation	Enacted
Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020 (SI 682/2020)	22 December 2020	Prescribes Dublin City Council as a competent authority for the purpose of carrying out the functions of a market surveillance authority under EU (Construction Products) Regulations 2013 (IRE SI 225/2013) and EU Regulation 305/2011 that is applicable in Northern Ireland under Article 5 and Annex 2 of the Protocol