Irish situation to be explicitly recognised in Brexit move

Triggering article 50 comes amid positivity to idea of need for Common Travel Area

Prime minister Theresa May signs the article 50 letter: Ireland’s campaign has been successful in securing agreement among both the commission and most EU countries that the Common Travel Area between Ireland and the UK should continue as before once the UK leaves. Photograph: Christopher Furlong/PA
Prime minister Theresa May signs the article 50 letter: Ireland’s campaign has been successful in securing agreement among both the commission and most EU countries that the Common Travel Area between Ireland and the UK should continue as before once the UK leaves. Photograph: Christopher Furlong/PA

Irish officials expect the letter from the British prime minister Theresa May to the EU, triggering the article 50 process to leave the union, will contain explicit reference to the need to maintain an open border between the Republic and the North, and that this priority will be underlined later this week when European Council president Donald Tusk sends out the draft negotiating mandate to member states on Friday.

However, while the maintenance of the Common Travel Area between Ireland and the UK has encountered little if any opposition in the Government’s campaign so far, the shape of a likely customs border will not be certain until much later in the negotiation process.

Much will depend on the closeness of the UK’s relationship with the EU, and particularly if a comprehensive free-trade agreement can be reached.

Senior officials regard Wednesday as the end of the first phase of their preparations for Brexit. When Irish officials travel to Lisbon in the coming days for a bilateral meeting with their counterparts, it will complete a programme of intense diplomatic and political lobbying that has seen them hold high-level meetings with every one of the EU27 countries in recent months.

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The meetings have been complemented by hundreds of informal encounters at the margin of summits and council of ministers meetings, as well as a concerted campaign of outreach by Ireland’s network of embassies around Europe.

Programme of meetings

There has also been a programme of meetings with the European Commission, which will conduct the negotiations with Britain on behalf of the EU.

The campaign has been successful in securing agreement among both the commission and most EU countries that the Common Travel Area between Ireland and the UK should continue as before once the UK leaves. This will mean that Irish citizens will enjoy rights to reside, avail of public services and work in Britain (probably) unavailable to other EU nationals.

Irish officials say that the commission accepts the legal argument made that the CTA predates EU membership and therefore should not be affected by a change in Britain’s status as a member.

Other EU states – particularly eastern European states such as Poland who have a large population of nationals resident in the UK at present – may be warier on the point, though the Irish Government has been arguing that no other country will be disadvantaged by the Irish situation.

Sources say that their ultimate attitude may be coloured by an agreement on the status of EU nationals currently resident in the UK, which is not expected to be among the most problematic aspects of the talks.

Ireland has found allies in “like-minded states”, sources say, naming the Netherlands, Denmark and Sweden.

It has also concentrated on the big countries – France, Germany and Italy. Other countries have displayed varying degrees of understanding for the Irish position, but officials say that no member state has indicated any problem with the Irish approach so far. However, many are only beginning to focus on the question of Brexit, as they have no significant trading relationship with the UK.

Pat Leahy

Pat Leahy

Pat Leahy is Political Editor of The Irish Times