There is no border control between the four constituent nations of the United Kingdom and, therefore, the land borders between England, Scotland and Wales are fully open. However, Section 8 of the Temporary Commissions Act 1974 provides temporary powers to investigate persons travelling between Northern Ireland and Great Britain.   Appendix 7 of the Terrorism Act 2000 provides for similar powers and remains in force.  The CTA has been recognised throughout the negotiations between the EU and the UK and the Protocol on Ireland and Northern Ireland (which is an integral part of the withdrawal agreement) agrees that Ireland and the United Kingdom «can continue to conclude agreements between them on the movement of persons». Between 1939 and 1952, immigration checks were carried out between the island of Ireland and Great Britain. They were abducted in 1952 as a result of an administrative agreement of cooperation at the entrance by foreigners. The Common Travel Area (CTA); The Irish territory of Comhlimistéar Taistil is an open border territory that includes the United Kingdom, Ireland, the Isle of Man and the Channel Islands. British overseas territories are not included. On the basis of agreements that are not legally binding, the internal borders of the CTA, if any, are subject to minimal controls and can normally be overtaken by British and Irish citizens whose identity documents are minimal, with some exceptions.   The continuation of the CTA implies cooperation between the British and Irish immigration authorities. While the accession of Ireland and the United Kingdom required Ireland and the United Kingdom to grant EU citizenship rights, the CTA has in the past been more a series of practices than a binding guarantee that Irish citizens will continue to enjoy rights equivalent to those of British residents and vice versa. To the extent that these rules overlap, EU law currently offers a wide range of practical applications of the CTA in terms of protection against discrimination on the basis of nationality.
But after the end of the transition/implementation period of Brexit, these EU commitments will disappear. At this stage, the will for trade policy with regard to the CTA agreements cannot be equated with binding obligations of Ireland and the United Kingdom not to discriminate against persons from other parts of the ATT. This reality has spurred efforts to demonstrate the CTA`s agreements through national legislation and bilateral agreements between the UK and Ireland through Brexit. This article examines whether the new AGREEMENTs of the United Kingdom and Ireland and related domestic law will go beyond the adverse circumstances in which they were concluded through the «proofing of Brexit» rights and rights attached to the CTA. We are focusing on the CTA`s new bilateral agreements, leaving aside the pervasive influence of the British-Ireland border, including tariff and regulatory agreements on the Brexit negotiations between Britain and the EU. Footnote 7 Although these issues are related, CTA agreements warrant a specific analysis and our account takes place in three phases. First, we look at how Brexit threatens existing CTA agreements. Second, we are looking at the overhaul of the CTA in the face of these pressures. Thirdly, we examine whether the additional security afforded by the new CTA measures will protect the rights at stake or restore relations between Ireland and the United Kingdom, and how these measures refer to the proposed rules on regulated status for EU citizens under the UK-EU withdrawal agreement.
Our analysis leads us to conclude that for many people who rely on the CTA to carry out their daily lives, these developments serve little consolation in protecting rights.