Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on European Union Affairs

Northern Ireland Protocol (Article 16) (resumed): Engagement with Mr. Maroš Šefovi

Photo of John BradyJohn Brady (Wicklow, Sinn Fein) | Oireachtas source

I thank Vice-President Šefovi. I welcome him warmly. His presence is very much appreciated.

Everyone agrees that the decision by the European Commission to invoke Article 16 as part of the vaccine export authorisation scheme was a huge error of judgment. It would not have happened had the Commission taken the time to consult any of its Irish colleagues. I listened to Mr. Šefovi's comments to the effect that mistakes were made. Regrets have been stated and apologies have been offered. I commend Mr. Šefovi on attending today. It speaks volumes about the commitment of the EU to the Irish protocol and its protection. It is imperative that the Commission examine the decision-making process to ensure what happened does not happen again. This meeting is an integral part of that process. While Mr. Šefovi outlined some of the measures that will be put in place and touched on the clearing house mechanism to ensure that what happened will not recur, it is unfortunate that he did not answer the key questions that a number of my colleagues have put to him. The questions concern learning from the mistake and the matter of who made the decision to invoke Article 16. Mr. Šefovi outlined the rationale as to why it was considered, but the critical part has not been addressed. I look forward to our ongoing engagement on the structures that will be put in place, such as the clearing house mechanism, and I hope we will have Mr. Šefovi before us again to scrutinise these measures.

It is unfortunate, but all too predictable, that forces have seized on the error of judgment for local political purposes in the North. The DUP has always been opposed to the Good Friday Agreement. This is part of the reason for its support of Brexit and its opposition to the protocol. It is also the reason for the opposition to the protocol, for wider strategic purposes, of the British Government. It is crucial that action be taken to de-escalate the situation as it stands. It is time for calm heads to prevail. We need to stabilise the circumstances in the North and to ensure the Good Friday Agreement is protected. The experience of the Irish when dealing with the British has been that they are fundamentally untrustworthy. It is their practice to reach an agreement and immediately ignore key parts of it. Examples are the non-implementation of the citizenship provisions of the Good Friday agreement, the language Act section of the St. Andrews Agreement and the legacy proposals of the Stormont House Agreement.

There is a tendency to start negotiating the dilution of agreements immediately. Therefore, I urge vigilance in the implementation of all agreements, including the withdrawal and trade and co-operation agreements.

Not all issues in Ireland have been resolved. Some of these have been discussed here this morning. The all-Ireland economy is still being damaged by the removal of the free movement of EU nationals, limits to cross-Border services and, indeed, divergence on labour standards and workers' rights. Given the likelihood of an Irish unity referendum in the coming years, it is important that the EU be prepared for it. Part of this involves keeping the North as close as possible in regulatory terms. This will make it easier to bring the North back into the EU if there is a successful referendum on unity, as I believe will be the case. The EU needs to work with the anti-Brexit parties in the Northern Executive. In this regard, there is a particularly significant role for Ms Michelle O'Neill, the joint First Minister, who is from the largest anti-Brexit party.

I have a number of proposals that I would like to put to Mr. Šefovi for his consideration. I would appreciate his comments on them. The first concerns the granting of MEP observer status to representatives from the North of Ireland. Representatives could also participate in the European Committee of the Regions. We should consider MLAs in this regard. I propose representation at the European Economic and Social Committee. Representatives could include employers and representatives of trade unions and other bodies from civil society. Allowing Executive Ministers to participate in Council of Ministers meetings as part of the Irish delegation could be considered. I would appreciate Mr. Šefovi's views on those proposals. What are his views on allowing civil servants from the North of Ireland to participate in relevant Council working groups and on the creation of an office for representatives from the Northern Assembly in Brussels? These are key areas that need to be considered. I would appreciate Mr. Šefovi's views on them. I thank him again for engaging with us this morning. I look forward to hearing his views.

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