The rights of the Irish in the UK and British citizens in Ireland are to be guaranteed in a bipartisan deal
The memorandum of understanding (“Memorandum”) will ensure the rights already conferred on citizens of both nations under the common travel area are protected post-Brexit and is the result of two years of work.
It is anticipated that the Memorandum will benefit the estimated 300,000 Britons living in Ireland and about 350,000 Irish people resident in the UK.
The Irish have more rights in Britain than other EU citizens generally because of the historical ties between the two countries and specifically via the Ireland Act of 1949 (the “1949 Act”), which officially ended the country’s status as a British dominion. The 1949 Act, a series of immigration laws and bilateral deals have all enshrined these particular rights which include the right to vote in all British elections and to stand for public office. There are equivalent, reciprocal rights for Britons in Ireland.
Under the Memorandum unlike other EU citizens the Irish do not have to apply for settled status in the UK. The deal also ensures reciprocal access to social insurance, child benefits and pensions will continue. A subsequent deal will cover access to education and healthcare but some legal experts are concerned a bilateral statement may not carry much legal weight unless and until it is codified.
