Oireachtas Joint and Select Committees

Tuesday, 9 February 2021

Joint Oireachtas Committee on European Union Affairs

Northern Ireland Protocol (Article 16): Minister of State at the Department of Foreign Affairs

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail) | Oireachtas source

That first question about the damage caused by this and whether it is fully appreciated is quite useful. That is a point I have been making. Many people said yes, put up their hands and said that a mistake was made and that it has been acknowledged. Some people said we should move on but obviously we cannot move on when we see the particular situation on the ground in Northern Ireland. As I said already, it is up to all of us, in whatever interactions we have with our interlocutors in Europe, to make sure the situation and the damage done is if fully appreciated by them. The solution then is to have this early warning system which will presumably ensure that this could not possible happen again. Nobody will want this to happen again but the important point it is to make sure that is does not happen again. With colleagues, I am certainly making it very clear that damage was done and that is continues to be lasting.

There is on going contact between Britain and the European Union, in particular between the Minister, Deputy Coveney, and Michael Gove. In Northern Ireland, there has been much engagement. By the way, there has been a North-South Ministerial Council since this happened. There is ongoing political engagement as well in relation to Northern Ireland. We were getting many calls about Article 16 before all of this happened and, indeed, its invocation was suggested at very high levels in Britain in January.

The important point to remember is that the protocol is a legal agreement between Britain and the European Union and its function is basically to make the best possible job out of a bad job, which is Brexit, for the island of Ireland. Even the attempted invocations of Article 16 a couple of weeks ago, did not eliminate the protocol. It did damage but it provided for a very limited arrangement there. That is what Article 16 is there for. Anyone who is going to invoke Article 16 needs to realise doing so will not eliminate the protocol. The protocol is there to avoid the hard border on the island, to make sure people and good can move freely, and that Northern Ireland remains part of the Single Market of the European Union.

There is very close contact with the British Government at all levels. Late last year Vice-President Šefovi and Michael Gove, in terms of their plan to implement the protocol, showed their good working relationship and that they are practical people who will get the job done. They need to be given time to agree flexibilities that will help the protocol to work more effectively for all people of Northern Ireland. It is not about Article 16. It is not about getting rid of the protocol or replacing it.

The protocol is there and will remain, but it is about working to make sure it is as flexible as possible within its terms. I am confident we can do that. It will not make everybody happy but we do not have a winner takes all system in Northern Ireland. It is a complicated system where we try to make the best possible arrangements to make sure that each community can benefit to the fullest extent from the arrangements entered into.

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