Oireachtas Joint and Select Committees

Tuesday, 27 September 2016

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Implications for Good Friday Agreement of UK EU Referendum Result: Discussion

5:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

These are issues that will be taken up by other members of the committee. I acknowledge that the issues raised by Dr. Alasdair McDonnell, Deputy Sherlock and Senator Craughwell are perhaps the most important ones in this engagement. We have not reached a conclusion on any of them because the negotiations have not yet commenced. The issue raised by Dr. McDonnell on the hard border is one that has been raised on a number of occasions, not only in the context of my discussions with members of the UK Government and the leaders of political parties in the Northern Executive but also among my EU colleagues. There has been a series of statements made by a number of UK Ministers directly involved that it is not their desire to see a return to the borders of the past. I welcome that; it is essential. I look around the table here and see long-standing Members of Parliament such as Deputy Brendan Smith, newer Members like Deputies Breathnach and McLoughlin and Mark Durkan, Francie Molloy, Pat Doherty and others who have worked - perhaps all of their adult lives - along the Border area. They know the importance of ensuring that the Border remains invisible for a number of reasons, not least the fact that 30,000 people cross every day for various reasons and that it has been invisible for the past number of years. This is a real concern and one that will continue to occupy a priority position in the negotiation.

I have acknowledged what UK Ministers have said and I have also acknowledged the Irish Government's position. It is important to note that, ultimately, in the context of the negotiations, which have not yet commenced, this could be an issue decided not between the UK and Irish Governments but by the wider remaining membership of the European Union. That is why I have met every one of my 26 EU counterparts. I have raised this specific issue in the context of the primacy of the Good Friday Agreement and the peace process which has, in the context of the past 50 years of its engagement, been a very positive project for the European Union. I refer to the specific contribution of the former MEP John Hume many years ago in making his colleagues in the European Parliament and beyond aware of the need for a wider European engagement with the process. That is widely acknowledged.

Not only was there a certain sympathy and knowledge on the part of my EU colleagues, but there was a certain understanding of the unique position on the island of Ireland and the inherent dangers to the peace process of any significant changes to the Border in terms of it becoming heavily fortified. Members of the Oireachtas, Westminster and the Northern Assembly need to ensure this issue remains very much top of the agenda. While statements on the part of the UK Government on this issue are welcome, I am not sure if they can be regarded as assurances. We need to ensure that, by the end of these negotiations, in whatever time it takes, we will have appropriate assurances not only from the UK Government, but from our EU colleagues.

I acknowledge the contribution of Deputy Sean Sherlock with me in the matter of the Stormont House Agreement and the Fresh Start agreement, as well as his engagement in North-South relations over the period in which he served as Minister of State at the Department of Foreign Affairs and Trade. He quite rightly raised the issue of funding in which he was involved. It is important this issue remains on the agenda. It was discussed at the plenary meeting of the North-South Ministerial Council in July. More recently, there was a sectorial meeting of the special EU programme body which took place in my office in Iveagh House. The Minister for Public Expenditure and Reform, Deputy Paschal Donohoe, and the Northern Ireland Minister of Finance, Máirtín Ó Muilleoir, agreed to write jointly to the European Commissioner for Regional Policy, Corina Creu, on the issue. This work is continuing. Both Ministers have been in touch with each other and in contact with Europe. It is important we see the letters of offer which have been issued to the applicants as soon as possible. I note certain assurances given by the UK Chancellor of the Exchequer regarding other EU funding. It is important we acknowledge these are pretty complex financial issues. There are also technical legal issues involved. It needs to be worked through. However, I can do no more than to give the Chairman and committee members assurances that we will keep them fully informed of developments. There is a commitment on the part of the Government that we can see through these issues towards a successful implementation of these programmes.

Issues were raised by committee members in the context of the referendum campaign. However, we need to deal with issues now in the context of there being moves on the part of the UK Government towards withdrawal. I acknowledge the statement from the UK Chancellor of the Exchequer, Philip Hammond, in which he offered words of comfort and certain assurances over a range of EU-funded programmes in the UK. Obviously, these assurances will only come into play when the UK withdraws from the EU and when that stream of funding is no longer available.

I agree there can be most serious consequences for the future of EU-funded cross-Border programmes. What this would involve, how it will work through and its implications, are all issues which remain to be fully worked through and understood. The committee can be assured they will form a priority on the part of our relations both in our ongoing discussions with UK Ministers and in the wider European Union.

We need to be committed, as I expect everyone is, to the maximum drawdown of funding here. At this stage, I would not be in a position to make any assumptions until the negotiation process gets under way.

The issue of the repeal by the British Government of certain legislative provisions in the areas of workers' rights, human rights and advances, as I think it fair to describe them, that this jurisdiction and the UK have incorporated into our respective domestic laws over 40 years will be complex and challenging. It is important that it is fully understood. There were times during the referendum campaign when I felt that an appropriate level of debate, much less understanding, of the challenges ahead did not exist. However, I assure the committee that the Government and I fully acknowledge the importance and superiority of the Good Friday Agreement in letter and spirit. I have discussed this issue with the Secretary of State for Northern Ireland, Mr. James Brokenshire, MP. I suspect that the members here have also done so at party leader level in recent weeks. I acknowledge statements by Mr. Brokenshire and assurances he has given me that any appropriate change in legislation on the part of his colleagues in the British Government would be wholly consistent with the terms and conditions of the Good Friday Agreement. I welcome that but we need to ensure that this is the case by closely monitoring what will be a hugely challenging and legally complex process that could well take a number of years to work through.

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