With Westminster still mired in extraordinary Brexit difficulties, the Irish Parliament (Oireachtas), operating in a much less febrile environment, has concluded its legislative preparations for the possibility of a no-deal Brexit.
Get our latest research, insights and events delivered to your inbox
We will never share your data with any third-parties.
Share this and support our work
On 13 March 2019, a landmark piece of legislation, the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019, also known as the Brexit Omnibus Bill, completed its passage through the Irish Parliament (Oireachtas). It is one of the largest and most wide-ranging pieces of legislation in the history of the Irish state. Irish President Michael D. Higgins signed the Bill into law on 17 March.
The various provisions and parts of what is now the Act will only come into operation on a day or days appointed by order of the relevant government minister.
The Oireachtas Foreign Affairs Committee will have responsibility for scrutinising the operation of the legislation.
The Brexit Omnibus Bill prepares for the possibility of the UK leaving the EU without a deal. This eventuality would place the UK outside the framework of EU law and would be a major shock for the Irish economy and its citizens. The Bill seeks to mitigate against some of the worst effects of such a scenario.
The legislation engages the remit of nine government ministers, comprises 15 parts, amends almost 60 pieces of legislation across a swathe of policy areas, and has dominated the current legislative agenda.
Central to the Irish government’s Brexit planning is the protection and maintenance of the Common Travel Area with the UK and the associated rights and privileges. For UK citizens, the Bill makes provision for continued access to healthcare, social security protection, student support and protection of consumers. It also allows for the ongoing operation of the all-island single electricity market, and there are provisions to ensure continuity for businesses and citizens in relation to their current access to certain taxation measures. Enterprise Ireland, a state agency, is empowered to provide additional support to business, and the legislation also facilitates ongoing immigration cooperation arrangements with the UK in the event of a no-deal Brexit.
The Brexit Omnibus Bill was a response to the European Commission’s November 2018 Contingency Action Plan, which called on EU Member States to enact legislation that would mitigate certain identified risks associated with a no-deal Brexit.
The Irish government’s Contingency Action Plan was published shortly afterwards, on 19 December 2018. It set out an approach to dealing with a no-deal Brexit, and included a commitment to enact the necessary legislation at speed.
The government considered introducing a number of Brexit-related bills, rather than a single piece of legislation, but ultimately decided that one standalone bill containing a number of parts would be the most efficient and effective way of preparing for a no-deal Brexit.
Given the urgency of the issue, the Business Committee suspended Standing Orders by agreement, to allow the Oireachtas to focus on Brexit-related legislation to the near-exclusion of all other.
The general scheme of the Bill was published on 24 January 2019, and the legislation moved swiftly to its second stage - essentially equivalent to second reading at Westminster - following the Business Committee’s decision to waive pre-legislative scrutiny.
In the period between the publication of the general scheme and the second stage, nine government ministers appeared before their relevant parliamentary committees to discuss the contents of the Bill.
The second stage of the Bill was introduced in Dáil Éireann (the lower House) by the Deputy Prime Minister (Tánaiste) and Minister for Foreign Affairs and Trade, Simon Coveney, on 26 February 2019. The three-day debate included contributions from the Prime Minister (Taoiseach), Leo Varadkar; all relevant government ministers; several ministers of state; opposition parties and government backbenchers.
All parties and members were broadly supportive of the legislation, although some opposition politicians criticised the government for not introducing it sooner, and expressed concerns about the speed with which it was being pushed through the House. The debate was nevertheless predominantly characterised by strong cross-party cooperation and consensus.
During the debate, the opposition Fianna Fáil spokesperson, Lisa Chambers, noted that: “The Oireachtas has shown incredible political maturity in uniting to navigate Brexit together and ensuring that we do all we can to protect Ireland's interests”. Minister Coveney echoed these sentiments when he stated: “I would like again to take the opportunity to state that the unity and common purpose of all of the parties here in the Dáil to deal with this common challenge has been invaluable”.
The third stage of the Bill (committee stage) was debated on the floor of Dáil Éireann on 5 and 6 March 2019. Seventy-four amendments were tabled during this stage, but only a small number were supported.
The Bill then moved to Ireland’s second House, Seanad Éireann (Senate), where it was introduced by the Minister of State at the Department of Foreign Affairs and Trade, Helen McEntee. The two-day debate commenced on 12 March 2019 and included contributions from a number of government ministers and senators.
Although there was broad cross-party support for the Bill here too, there was some apprehension among senators about the powers which the Bill confers on ministers. The Labour Party’s Seanad leader, Ivana Bacik, highlighted her party’s concern “that in some respects the Bill may go a little too far in providing ministers with power to effectively make primary legislation”.
Of the 36 amendments tabled in the Seanad, none was successful. Had there been amendments to the Bill, the legislation would have had to return to the Dáil, and the timescale for completing the passage of the Bill would have been exceptionally tight.
On 13 March 2019, the Bill was reported without amendment in Seanad Éireann, received for final consideration and passed without a vote.
The Brexit Omnibus Bill is not only an extraordinary piece of Irish legislation; its relatively unhindered and un-acrimonious passage through the Oireachtas is similarly remarkable, especially given that Ireland's government is currently a minority administration.
The irony is that for those who debated and passed the legislation, it is their express hope that it will never be brought into force. Minister Coveney summed up the general feeling when he moved the Bill’s second reading on 26 February: “... when the Government published this no-deal Brexit legislation, I remarked that, as an Oireachtas Member for 21 years, I found myself having the curious feeling of hoping this was one law which would do no more than sit on the shelf”.
Events in Westminster will determine whether or not this hope is realised.
Murphy, Mary C. (2019), Irish Parliament completes legislative preparations for a no-deal Brexit, (Hansard Society: London)
The UK Spending Review outlines how Government funds will be allocated over several years. Unlike the Budget, which raises revenue, the Review decides how it is spent. But how is it approved? What role does Parliament play if it doesn’t vote on the Review itself? This blog explores how the Spending Review works, how it differs from the Budget, and how Parliament holds the Government to account through the Estimates process.
On Friday 13 June, the House of Commons will once again debate the Terminally Ill Adults (End of Life) Bill, which would legalise assisted dying in England and Wales. Specifically, it will hold a second day of Report Stage, during which the whole House will debate and vote on amendments. This briefing explains the structure of Report Stage, what happened on the first day of Report Stage, how amendments are selected and grouped, on which amendments a decision can still be taken, and the likely sequence of events this Friday, including whether a final vote will take place.
The Chancellor, Rachel Reeves MP, will deliver a statement on the Spending Review. MPs will resume Report Stage of the assisted dying bill and debate key legislation on football governance, mental health, and planning and infrastructure. Peers and MPs are expected to resolve their standoff over AI and copyright in the Data (Use and Access) Bill. The Commons Defence Committee will hear from the lead reviewers of the Strategic Defence Review, while a Lords Committee will examine the Chagos Archipelago sovereignty issue. The Hansard Society’s Director will give evidence to the Modernisation Committee about access to the House of Commons and its procedures.
In this episode, we explore why ministers keep bypassing Parliament to make major announcements to the media — and whether returning to the Despatch Box might help clarify their message. We unpack the Lords' uphill battle to protect creators’ rights in the Data Use and Access Bill, challenge claims that the Assisted Dying Bill lacks scrutiny, and examine early findings from a Speaker’s Conference on improving security for MPs, as threats and intimidation against politicians continue to rise. Please help us by completing our Listener Survey. It will only take a few minutes.
Our evidence on treaty scrutiny has been published by the House of Lords International Agreements Committee. Our submission outlines the problems with the existing framework for treaty scrutiny and why legislative and cultural change are needed to improve Parliament's scrutiny role. Our evidence joins calls for a parliamentary consent vote for the most significant agreements, a stronger role for Parliament in shaping negotiating mandates and monitoring progress, and a sifting committee tasked with determining which agreements warrant the greatest scrutiny.
