Workers' rights and Brexit

Subject: Workers' rights and Brexit

May Day highlights the economic and social injustices and inequalities with which working people are faced across Ireland and the EU. These challenges are compounded by Brexit, and Irish workers are facing a deepening socio-economic divide, further entrenched by the gender pay gap and zero-hours contracts.

A Conservative Brexit could mean the elimination of EU legislation on employment and social policy, such as the Working Time Directive, anti-discrimination legislation under Council Directive 2000/78/EC, the regulations regarding the framework for parental leave, maternity rights, equal pay, working conditions, health and safety and agency worker protection, and many other regulations upholding fundamental safeguards for workers’ rights.

This includes health and safety at work, equal opportunities, anti-discrimination legislation, labour laws, maternity leave, working conditions, and the rights of working parents and of part-time workers. Does the Commission know what will happen to workers’ rights in the North of Ireland post-Brexit?

Can the Commission assure that the principle of equivalency enshrined in the Good Friday Agreement will not be broken, and Irish citizens in the North will enjoy the same access to workers’ rights as citizens across the rest of Ireland and the EU?

Can the Commission confirm that Irish citizens in the North of Ireland will still have access to the Court of Justice of the European Union post-Brexit?

Answer given by President Juncker on behalf of the Commission

(11 July 2018)

When Union law ceases to apply in Northern Ireland after the withdrawal of the United Kingdom from the European Union, employment and social policy will be for the United Kingdom and the Northern Ireland Executive and Assembly to determine having regard to their international obligations.

The Good Friday Agreement is an international agreement between Ireland and the United Kingdom to which the United Kingdom remains bound after withdrawal from the European Union.

The principle of equivalency to which the Honourable Member refers relates to ‘an equivalent level of protection of human rights’ in Ireland and Northern Ireland. In the context of the negotiations regarding the Withdrawal Agreement, the United Kingdom committed to ensuring ‘no diminution of rights, safeguards and equality of opportunity as set out in the Good Friday Agreement, including in the area of protection against discrimination’ (1). A list of Union law providing for equal treatment, including in matters of employment and occupation is envisaged to be annexed to the Protocol on Ireland/Northern Ireland.

As concerns access to the Court of Justice of the European Union after Brexit, the Withdrawal Agreement published on 19 March 2018 (2) provides only for continued competence of Union institutions, including the Court of Justice, in respect of the functioning of the common regulatory area to ensure free movement of goods, as well as certain withdrawal matters. Of course, Irish citizens in Northern Ireland will continue to have access to the Court when they are directly and individually affected by an act of an EU institution.

⋅1∙ https://ec.europa.eu/commission/sites/beta-political/files/draft_withdrawal_agreement.pdf

⋅2∙ https://ec.europa.eu/commission/publications/draft-withdrawal-agreement-withdrawal-united-kingdom-great-britain-and-northern-ireland-european-union-and-

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