Oireachtas Joint and Select Committees

Wednesday, 6 November 2019

Joint Oireachtas Committee on Health

Implication of Brexit for Health Law in Ireland and EU: Discussion

Photo of Michael HartyMichael Harty (Clare, Independent) | Oireachtas source

What is the difference between the new withdrawal agreement, in respect of the Irish protocol, and the Northern Ireland-only backstop? When we started discussing the issue, a joint declaration in December 2017 identified there should be regulatory alignment between Northern Ireland and the Republic if no satisfactory agreement was reached. Discussion then moved to a Northern Ireland-only backstop, where Northern Ireland had the advantage of being within the Single Market and the customs union, as well as being within the UK single market and customs union. We then moved to a UK-wide backstop and we have now returned to what is more closely aligned to a Northern Ireland-only backstop. Are there essential differences between what was the Northern Ireland-only backstop a year and a half ago, and what has been agreed in recent weeks? What are the major changes? When the committee last met in respect of Brexit, we spoke in the context of an EU-wide backstop, but we have now returned to what is similar to a Northern Ireland-only backstop, which has been described as a "front stop", given that the backstop was not to come into effect unless and until satisfactory arrangements were reached. The new agreement, however, will kick in on the day after the future relationship has been decided. What differences emerged in recent weeks?

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