Oireachtas Joint and Select Committees

Thursday, 21 February 2019

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Impact of Brexit on the Good Friday Agreement: Discussion (Resumed)

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I will start with Ms Gildernew's questions and comments. Like a lot of other people we were very concerned to read and hear the story last week in regard to incomplete evidence. We continue to follow that story closely. Obviously, the police ombudsman in Northern Ireland plays an important role in supporting public confidence in the new policing arrangements as envisaged in Patten. It is vital there is full co-operation by all relevant authorities with the police ombudsman's work. I note that in addition to the further investigation of the ombudsman's office, the ombudsman, Dr. Michael Maguire, has asked that an independent review be undertaken of the methods used for disclosure of information to his office. This is a story that will go on for some time. I can understand why people would be concerned and cynical about it, particularly families impacted in the case concerned. The powers we have are somewhat limited, but we can raise questions in the context of our political interaction with the British Government and with the Secretary of State for Northern Ireland.

On the Crowley report, the Minister for Justice and Equality, Deputy Charles Flanagan, has said that he wants to examine the issue to see if he can do anything. I do not want to raise expectations too much. The Crowley report has been made available but it is a redacted version. I know that for many people this is frustrating but there is a legal reason that is the case. Many people gave evidence and contributed to the discussions that led to that report on the basis of anonymity and so there is a legal obligation to respect that. That is the difficulty, which I explained when I met the legal representatives of the family.

To answer Deputy Fergus O'Dowd, it is good to hear that businesses on the Border are supportive of what we are trying to do. If one takes identity politics out of this, the backstop which is actually being offered by the EU on a temporary basis, to which the UK Government has agreed, essentially allows Northern Ireland to be given unfettered access to the rest of the UK market and unfettered access to the EU Single Market and customs union. From a trading and business perspective it is effectively the best of both worlds, recognising as it does that Northern Ireland is a unique construct, being part of the United Kingdom but subject to the Good Friday Agreement and so respecting different identities and requiring power sharing. Because of that uniqueness, the EU has compromised significantly and has stated that a state outside the European Union will be given unfettered access into the Single Market. It is an extraordinary offer and I think businesspeople and farmers see that. No barriers are being put in place to cover the costs of trading into the rest of the UK, though some very limited checks may be required for goods coming from Great Britain into Northern Ireland. The freight industry has recently published a report which states that no more than nine lorries per day will be checked. Is that what we are all falling out over?

I do not want to get sidelined into talking about the backstop again but I can understand why businesses see things in this way. The difference between that scenario and the consequences of a no-deal Brexit, potentially trading on WTO terms with tariffs and non-tariff barriers, as well as customs and sanitary and phytosanitary, SPS, checks, are huge. The obligation on all of us to find solutions that do not involve physical border infrastructure is a huge challenge.

I take the point on the need for a roadmap. There is a lot of work to do, in particular to reach out to unionists to give them reassurance that this not an agenda to turn a minority into a majority and, somehow, not recognise their sense of identity in Northern Ireland, regardless of the constitutional construct or what people vote for. Political reconciliation is required, as is political trust, but this will take quite some time. The rush for a roadmap to a Border poll in the middle of what we are trying to achieve at the moment will force people back into their corners again because they will feel threatened by it.

In answer to Senator Ó Donnghaile, a lot of people in Sinn Féin have mentioned what I said last night in the Dáil Chamber but let us be clear about what was happening. Sinn Féin was trying to pull the Government down, with 36 days to go until Brexit and less than two days to go to publishing emergency legislation which tries to protect many people in Northern Ireland as well as people south of the Border. There is political chaos at Westminster and no functioning devolved government in Northern Ireland. Last night's proposition would have left us with no Government, here or in Northern Ireland, throughout the Brexit process. In that context, it is inconceivable that I would not have pushed back on the motion last night. It was a serious motion that could have triggered a whole series of events that would have put this country under massive pressure and it was a really irresponsible thing to do.

While Sinn Féin has responsibilities in the process of getting devolved government up and running in Northern Ireland, I do not believe it is the main obstacle and in the discussions we had up until a year ago, Sinn Féin was willing to work constructively to re-establish devolved government. We all have an obligation to work together and putting down motions of no confidence to pull down a functioning Government that is working night and day to protect everybody, North and South, from the potentially very serious consequences of Brexit would have had a significant impact on the ability to get devolved government functioning again in the North and on a whole range of other sectors. That is the context of what I said last night, in addition to the fact that I was attempting to protect a colleague of mine who I believe was being unfairly targeted.

The Senator is right to say that Northern Ireland is different. In fact, it is unique. Irish people in Northern Ireland are as Irish as I am, and the whole point of the provisions in the Good Friday Agreement is that they have the right to hold that identity. On the other hand, many people in the North consider themselves as British as the people of Finchley, and they should be able to do that too, even though Northern Ireland is not the same as Finchley, for obvious reasons which I do not need to go into here. This sense of identity is what makes Northern Ireland so different but also, potentially, so polarised and that is what we are trying to deal with.

As for discussing reunification, can we do that in 37 days time, rather than 36? That may be a slightly provocative comment and I take the Senator's point.

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