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

Senator Black referred to funding. I wish to acknowledge the importance of funding from the Northern Ireland Executive, the UK Government and my Department. Since its establishment, the reconciliation fund has seen in excess of €46 million disbursed to a total of almost 2,000 projects. Of course, we will continue to ensure that these funds are made available. This is an issue of importance in the context of the forthcoming budget.

This is a priority for me as we continue to address issues that are directly impacting on people's lives, families and communities if we are to create a better understanding between people and traditions on the island of Ireland and between Ireland and Britain. This issue has been the subject matter of discussions between the Secretary of State, Mr. Brokenshire, and me.

Regarding Senator Daly's comments, I wish to address the Human Rights Act and what the Government is doing to ensure that the provisions of the Good Friday Agreement are fully respected and not affected in any way that might be regarded as adverse. It is important to note that the European Convention on Human Rights is a separate regime from the EU. Leaving the EU does not mean leaving the convention. In terms of the protection of human rights within Northern Ireland's law, the incorporation of the convention is one of the key principles underpinning the Good Friday Agreement. I stand by the Agreement as far as this issue is concerned. There is an ongoing legal obligation to incorporate the convention in Northern Ireland's law, one that should not, will not and cannot be affected by the decision to leave the EU. I raised this matter two weeks ago with the Secretary of State, who confirmed the British Government's position, in that any change that may be envisaged by the British Government to the UK's Human Rights Act would be made in such a way as to be fully consistent with the British Government's obligation under the Good Friday Agreement. Mr. Durkan is right, in that we have a legal position on this matter. That is important in the context of the Irish Government being a co-guarantor of the Agreement. We will continue to monitor the situation closely. I also raised this issue with the Secretary of State for Exiting the European Union, Mr. David Davis. I will reiterate what has been stated to me at a meeting: this issue is acknowledged by the British Government. I will keep a close eye on it.

Deputy McLoughlin asked what was being done for the north west. He is right that the withdrawal of the UK from the EU could have an adverse impact on trade and commerce in the Border area. The Deputy will be aware that, in accordance with A Fresh Start, we have committed €2.5 million to developments in the north west. I look forward to the Northern Executive matching this fund. There are people present who are in the Executive, so they might be able to bring back from this meeting the message that, although €5 million is obviously considerably better than €2.5 million, our €2.5 million is there. This issue will be the subject matter of discussion at the North-South Ministerial Council plenary session, which has been scheduled for 18 November.

Senators Ó Donnghaile and Feighan and Mr. Durkan spoke about the need for wider engagement. They were right. We have the North-South Ministerial Council, the British-Irish Council, the British-Irish Parliamentary Assembly and the North-South Parliamentary Forum, which has perhaps not been as actively engaged in recent times as it might have been. It may take on an added level of importance in the context of these discussions. We also have this committee. However, there is a need for broader channels. We must engage with civil society and business. Recently, I met trade union interests, whose concerns must also be taken on board.

As to farmers, Mr. Molloy, I do not know how many pigs cross the Border, but more than 50,000 cattle cross it every year. It is essential that we ensure this type of agricultural engagement and free movement of agricultural produce. Education is also important.

We need a broader conversation. The Taoiseach is aware of that and addressed the matter in the Dáil prior to this meeting's commencement.

I will reply briefly to Mr. Molloy and Senator Daly regarding the united Ireland provision. This is an issue in which I stand by the terms, provisions and letter of the Good Friday Agreement. It is a part of my solemn obligation and duty to ensure that all aspects of the Agreement are fully respected and provided for in any new arrangement between the EU and the UK. There will be two sets of negotiations. In the context of the withdrawal, Ireland will be firmly at the table. The UK will not. Therefore, it is important that we engage in a way that is fully respectful of the issues at hand. In that context, I find this engagement useful. We must ensure that the interests of the people, economy and society of Northern Ireland are taken on board by those who are at the table. That will include the Irish Government, but we must acknowledge that the principle of consent and the possibility of change in the constitutional status of Northern Ireland are firmly built into the Good Friday Agreement, which was endorsed by a large majority of people North and South in the spring or early summer of 1998. That is where I stand on this issue. I have impressed upon my British Government colleagues, and the Taoiseach has impressed upon Prime Minister May, the need to ensure that the letter, spirit and principles of the Good Friday Agreement are fully respected.

Regarding the Border, it is important to acknowledge what Prime Minister May said while in Belfast as well as the early visit by the Secretary of State for Exiting the European Union, Mr. Davis, who met some of those present. I met him for over an hour in Dublin. I asked him to visit Dublin and he did so at an early date. It was the first of many engagements. I have had a number of engagements with the new Secretary of State for Northern Ireland, Mr. James Brokenshire, who spoke to some of those present while in Belfast. It is important that we continue to engage at this level to ensure that our position on the matter of the Border is acknowledged by Britain.

Having spoken to each of my other 26 EU colleagues, there is an acknowledgement, understanding and appreciation of the peace process and the unique status of the island of Ireland in the forthcoming negotiations, the important role played by the EU in the peace process and the need to ensure that the impact on cross-Border relations is minimised. I will continue to engage at that level. It will of course be an issue that features on the agenda during the negotiations.

On the matter of legacy issues, I apologise to Dr. McDonnell and others who raised it. This issue was discussed in considerable detail during my discussions with Mr. Brokenshire at our bilateral meeting in Dublin two weeks ago. He has been engaging in a round of talks with the wider community. While some of us North and South were otherwise engaged in electoral matters earlier in the year, my officials were engaged in rounds of talks with victims and survivors.

These consultations proved to be very valuable and will inform the approach in having agreement ultimately reached on these issues. It is a source of regret that we did not get matters finally over the line in the context of the Stormont House Agreement. We have agreed that the legacy institutions, as identified in the Stormont House Agreement, still offer the best way forward. It is a comprehensive framework allowing for the needs of victims and survivors to be central to the approach. I acknowledge the input of Mr. McDonnell's party colleagues in reaching agreement. It is important that we can show an earnest willingness now to move forward on the limited number of issues upon which we need to find consensus. The setting up of the institutions should not be held up by dealing with the final chapter of the agreement.

I acknowledge the contribution of all party members around the table, particularly those in the North. I know Deputy Brendan Smith consistently raises these issues through parliamentary questions and debate. I look forward to reporting progress on that before the end of the year.

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